AIRCRAFT MANUAL (INDIA) - Directorate General of Civil Aviation
AIRCRAFT MANUAL (INDIA) - Directorate General of Civil Aviation
AIRCRAFT MANUAL (INDIA) - Directorate General of Civil Aviation
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1<strong>AIRCRAFT</strong> <strong>MANUAL</strong>(<strong>INDIA</strong>)VOLUME IIIINTERNATIONAL CONVENTIONS(Revised Edition corrected upto 30 September, 2003)
2INTERNATIONAL CONVENTIONSTABLE OF CONTENTSCHAPTERPAGEI The Chicago Convention, 1944 . . . . . . . . 3II The International Air Services Transit Agreement, 1944 . . . . 27III The International Air Transport Agreement, 1944 . . . . . 33IV The Protocol on the Authentic Trilingual Text <strong>of</strong> the Convention onInternational <strong>Civil</strong> <strong>Aviation</strong>, 1944 . . . . . . . 39V The Protocol on the Authentic Quadrilingual Text <strong>of</strong> the Convention onInternational <strong>Civil</strong> <strong>Aviation</strong>, 1944 . . . . . . . 43VI The Warsaw Convention, 1929 . . . . . . . . 47VII The Hague Protocol, 1955 . . . . . . . . 57VIII The Guatimala City Protocol, 1971 . . . . . . . 67IX The Additional Protocol No. 1, 1975 . . . . . . . 77X The Additional Protocol No. 2, 1975 . . . . . . . 83XI The Additional Protocol No. 3, 1975 . . . . . . . 89XII The Montreal Protocol No. 4, 1975 . . . . . . . 95XIII The Guadalajara Convention, 1961 . . . . . . . 105XIV The Geneva Convention, 1948 . . . . . . . . 111XV The Rome Convention, 1952 . . . . . . . . 119XVI The Tokyo Convention, 1963 . . . . . . . . 131XVII The Hague Convention, 1970 . . . . . . . . 139XVIII The Montreal Convention, 1971 . . . . . . . 145XIX The Montreal Protocol, 1988 . . . . . . . . 153XX The Montreal Convention, 1991 . . . . . . . 157XXI The Montreal Convention, 1999 . . . . . . . 165XXII The Cape Town Convention, 2001 . . . . . . . 181XXIII The Cape Town Protocol, 2001 . . . . . . . . 203XXIV The Consolidated Text <strong>of</strong> the Cape Town Convention and Protocol . . 219
3CHAPTER ICONVENTION ON INTERNATIONAL CIVIL AVIATIONSIGNED AT CHICAGO ON 7 TH DECEMBER, 1944(THE CHICAGO CONVENTION, 1944)
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5THE CHICAGO CONVENTION, 1944CHAP. ICHAPTER ICONVENTION ON INTERNATIONAL CIVIL AVIATIONSIGNED AT CHICAGO ON 7 TH DECEMBER, 1944 *(THE CHICAGO CONVENTION, 1944)PREAMBLEWHEREAS the future development <strong>of</strong>international civil aviation can greatly help tocreate and preserve friendship andunderstanding among the nations and peoples<strong>of</strong> the world, yet its abuse can become a threatto the general security; andWHEREAS it is desirable to avoid frictionand to promote that cooperation betweennations and peoples upon which the peace <strong>of</strong>the world depends;THEREFORE, the undersigned governmentshaving agreed on certain principles andarrangements in order that international civilaviation may be developed in a safe and orderlymanner and that international air transportservices may be established on the basis <strong>of</strong>equality <strong>of</strong> opportunity and operated soundlyand economically;Have accordingly concluded thisConvention to that end.PART IAIR NAVIGATIONCHAPTER IGENERAL PRINCIPLE ANDAPPLICATION OF THECONVENTIONArticle 1SovereigntyThe contracting States recognize that everyState has complete and exclusive sovereigntyover the airspace above its territory.TerritoryArticle 2For the purposes <strong>of</strong> this Convention theterritory <strong>of</strong> a State shall be deemed to be theland areas and territorial waters adjacent theretounder the sovereignty, suzerainty, protectionor mandate <strong>of</strong> such State.Article 3<strong>Civil</strong> and state aircraft(a) This Convention shall be applicableonly to civil aircraft, and shall not be applicableto state aircraft.(b) Aircraft used in military, customs andpolice services shall be deemed to be stateaircraft.(c) No state aircraft <strong>of</strong> a contracting Stateshall fly over the territory <strong>of</strong> another State orland thereon without authorization by specialagreement or otherwise, and in accordancewith the terms there<strong>of</strong>.(d) The contracting States undertake whenissuing regulations for their state aircraft, thatthey will have due regard for the safety <strong>of</strong>navigation <strong>of</strong> civil aircraft.* Came into force on 4th April, 1947, the thirtieth day after deposit with the Government <strong>of</strong> the United States <strong>of</strong> America<strong>of</strong> the twenty sixth instrument <strong>of</strong> ratification there<strong>of</strong> or notification <strong>of</strong> adherence thereto, in accordance with Article91(b). As on 30 June, 2003 there were 188 contracting States party to it.India ratified it on 1 March, 1947.
CHAP. I THE CHICAGO CONVENTION, 19446Article 3 bis *(a) The contracting States recognize thatevery State must refrain from resorting to theuse <strong>of</strong> weapons against civil aircraft in flightand that, in case <strong>of</strong> interception, the lives <strong>of</strong>persons on board and the safety <strong>of</strong> aircraftmust not be endangered. This provision shallnot be interpreted as modifying in any way therights and obligations <strong>of</strong> States set forth in theCharter <strong>of</strong> the United Nations.(b) The contracting States recognize thatevery State, in the exercise <strong>of</strong> its sovereignty,is entitled to require the landing at somedesignated airport <strong>of</strong> a civil aircraft flyingabove its territory without authority or if thereare reasonable grounds to conclude that it isbeing used for any purpose inconsistent withthe aims <strong>of</strong> this Convention; it may also givesuch violations. For this purpose, thecontracting States may resort to any appropriatemeans consistent with relevant rules <strong>of</strong>international law, including the relevantprovisions <strong>of</strong> this Convention, specificallyparagraph (a) <strong>of</strong> this Article. Each contractingState agrees to publish its regulations in forceregarding the interception <strong>of</strong> civil aircraft.(c) Every civil aircraft shall comply with anorder given in conformity with paragraph (b)<strong>of</strong> this Article. To this end each contractingState shall establish all necessary provisions inits national laws or regulations to make suchcompliance mandatory for any civil aircraftregistered in that State or operated by anoperator who has his principal place <strong>of</strong> businessor permanent residence in that State. Eachcontracting State shall make any violation <strong>of</strong>such applicable laws or regulations punishableby severe penalties and shall submit the case toits competent authorities in accordance withits laws or regulations.(d) Each contracting State shall takeappropriate measures to prohibit the deliberateuse <strong>of</strong> any civil aircraft registered in that Stateor operated by an operator who has his principalplace <strong>of</strong> business or permanent residence inthat State for any purpose inconsistent withthe aims <strong>of</strong> this Convention. This provisionshall not affect paragraph (a) or derogate fromparagraphs (b) and (c) <strong>of</strong> this Article.Article 4Misuse <strong>of</strong> civil aviationEach contracting state agrees not to usecivil aviation for any purpose inconsistent withthe aims <strong>of</strong> this Convention.CHAPTER IIFLIGHTS OVER TERRITORYOF CONTRACTING STATESArticle 5Right <strong>of</strong> non-scheduled flightEach contracting State agrees that all aircraft<strong>of</strong> the other contracting States, being aircraftnot engaged in scheduled international airservices shall have the right, subject to theobservance <strong>of</strong> the terms <strong>of</strong> this Convention, tomake flights into or in transit non-stop acrossits territory and to make stops for non-trafficpurposes without the necessity <strong>of</strong> obtainingprior permission, and subject to the right <strong>of</strong> theState flown over to require landing. Eachcontracting State nevertheless reserves theright, for reasons <strong>of</strong> safety <strong>of</strong> fight, to requireaircraft desiring to proceed over regions whichare inaccessible or without adequate airnavigation facilities to follow prescribed routes,or to obtain special permission for such flights.Such aircraft, if engaged in the carriage <strong>of</strong>passengers, cargo, or mail for remuneration orhire on other than scheduled international airservices, shall also, subject to the provisions<strong>of</strong> Article 7, have the privilege <strong>of</strong> taking on or** On 10 May, 1984, the Assembly amended the Convention by adopting the Protocol introducing Article 3 bis. UnderArticle 94(a) <strong>of</strong> the Convention, the amendment came into force on 1 October, 1998, in respect <strong>of</strong> States which ratified it.There were 125 States party to it as on 30 June, 2003.India has not ratified it.
7THE CHICAGO CONVENTION, 1944CHAP. Idischarging passengers, cargo, or mail, subjectto the right <strong>of</strong> any State where such embarkationor discharge takes place to impose suchregulations, conditions or limitations as it mayconsider desirable.Scheduled air servicesArticle 6No scheduled international air service maybe operated over or into the territory <strong>of</strong> acontracting State, except with the specialpermission or other authorization <strong>of</strong> that State,and in accordance with the terms <strong>of</strong> suchpermission or authorization.CabotageArticle 7Each contracting State shall have the rightto refuse permission to the aircraft <strong>of</strong> othercontracting States to take on in its territorypassengers, mail and cargo carried forremuneration or hire and destined for anotherpoint within its territory. Each contracting Stateundertakes not to enter into any arrangementswhich specifically grant any such privilege onan exclusive basis to any other State or anairline <strong>of</strong> any other State, and not to obtain anysuch exclusive privilege from any other State.Article 8Pilotless aircraftNo aircraft capable <strong>of</strong> being flown withouta pilot shall be flown without a pilot over theterritory <strong>of</strong> a contracting State without specialauthorization by that State and in accordancewith the terms <strong>of</strong> such authorization. Eachcontracting State undertakes to insure that theflight <strong>of</strong> such aircraft without a pilot in regionsopen to civil aircraft shall be so controlled asto obviate danger to civil aircraft.Article 9Prohibited areas(a) Each contracting State may, for reasons<strong>of</strong> military necessity or public safety, restrictor prohibit uniformly the aircraft <strong>of</strong> other Statesfrom flying over certain areas <strong>of</strong> its territory,provided that no distinction in this respect ismade between the aircraft <strong>of</strong> the State whoseterritory is involved, engaged in internationalscheduled airline services, and the aircraft <strong>of</strong>the other contracting States likewise engaged.Such prohibited areas shall be <strong>of</strong> reasonableextent and location so as not to interfereunnecessarily with air navigation. Descriptions<strong>of</strong> such prohibited areas in the territory <strong>of</strong> acontracting State, as well as any subsequentalterations therein, shall be communicated assoon as possible to the other contracting Statesand to the International <strong>Civil</strong> <strong>Aviation</strong>Organization.(b) Each contracting State reserves alsothe right, in exceptional circumstances orduring a period <strong>of</strong> emergency, or in the interest<strong>of</strong> public safety, and with immediate effect,temporarily to restrict or prohibit flying overthe whole or any part <strong>of</strong> its territory, oncondition that such restriction or prohibitionshall be applicable without distinction <strong>of</strong>nationality to aircraft <strong>of</strong> all other States.(c) Each contracting State, under suchregulations as it may prescribe, may requireany aircraft entering the areas contemplated insub-paragraphs (a) or (b) above to effect alanding as soon as practicable thereafter atsome designated airport within its territory.Article 10Landing at customs airportExcept in a case where, under the terms <strong>of</strong>this Convention or a special authorization,aircraft are permitted to cross the territory <strong>of</strong> acontracting State without landing, every aircraftwhich enters the territory <strong>of</strong> a contracting Stateshall, if the regulations <strong>of</strong> that State so require,land at an airport designated by that State forthe purpose <strong>of</strong> customs and other examination.On departure from the territory <strong>of</strong> a contractingState, such aircraft shall depart from a similarlydesignated customs airport. Particulars <strong>of</strong> alldesignated customs airports shall be publishedby the State and transmitted to the International<strong>Civil</strong> <strong>Aviation</strong> Organization established under
CHAP. I THE CHICAGO CONVENTION, 1944Part II <strong>of</strong> this Convention for communicationto all other contracting States.Article 11Applicability <strong>of</strong> air regulationsSubject to the provisions <strong>of</strong> this Convention,the laws and regulations <strong>of</strong> a contracting Staterelating to the admission to or departure fromits territory <strong>of</strong> aircraft engaged in internationalair navigation, or to the operation andnavigation <strong>of</strong> such aircraft while within itsterritory, shall be applied to the aircraft <strong>of</strong> allcontracting States without distinction as tonationality, and shall be complied with bysuch aircraft upon entering or departing fromor while within the territory <strong>of</strong> that State.Article 12Rules <strong>of</strong> the airEach contracting State undertakes to adoptmeasures to insure that every aircraft flyingover or maneuvering within its territory andthat every aircraft carrying its nationality mark,wherever such aircraft may be, shall complywith the rules and regulations relating to theflight and maneuver <strong>of</strong> aircraft there in force.Each contracting State undertakes to keep itsown regulations in these respects uniform, tothe greatest possible extent, with thoseestablished from time to time under thisConvention. Over the high seas, the rules inforce shall be those established under thisConvention. Each contracting State undertakesto insure the prosecution <strong>of</strong> all persons violatingthe regulations applicable.Article 13Entry and clearance regulationsThe laws and regulations <strong>of</strong> a contractingState as to the admission to or departure fromits territory <strong>of</strong> passengers, crew or cargo <strong>of</strong>aircraft, such as regulations relating to entry,clearance, immigration, passports, customs, andquarantine shall be complied with by or onbehalf <strong>of</strong> such passengers, crew or cargo uponentrance into or departure from, or while withinthe territory <strong>of</strong> that State.8Article 14`Prevention <strong>of</strong> spread <strong>of</strong> diseaseEach contracting State agrees to takeeffective measures to prevent the spread bymeans <strong>of</strong> air navigation <strong>of</strong> cholera, typhus(epidemic), smallpox, yellow fever, plague,and such other communicable diseases as thecontracting States shall from time to time decideto designate, and to that end contracting Stateswill keep in close consultation with the agenciesconcerned with international regulationsrelating to sanitary measures applicable toaircraft. Such consultation shall be withoutprejudice to the application <strong>of</strong> any existinginternational convention on this subject towhich the contracting States may be parties.Article 15Airport and similar chargesEvery airport in a contracting State whichis open to public use by its national aircraftshall likewise, subject to the provisions <strong>of</strong>Article 68, be open under uniform conditionsto the aircraft <strong>of</strong> all the other contracting States.The like uniform conditions shall apply to theuse, by aircraft <strong>of</strong> every contracting State, <strong>of</strong>all air navigation facilities, including radioand meteorological services, which may beprovided for public use for the safety andexpedition <strong>of</strong> air navigation.Any charges that may be imposed orpermitted to be imposed by a contracting Statefor the use <strong>of</strong> such airports and air navigationfacilities by the aircraft <strong>of</strong> any other contractingState shall not be higher.(a) As to aircraft not engaged in scheduledinternational air services, than those thatwould be paid by its national aircraft <strong>of</strong>the same class engaged in similaroperations, and(b) As to aircraft engaged in scheduledinternational air services, than those thatwould be paid by its national aircraftengaged in similar international airservices.
9THE CHICAGO CONVENTION, 1944CHAP. IAll such charges shall be published andcommunicated to the International <strong>Civil</strong><strong>Aviation</strong> Organization,: provided that, uponrepresentation by an interested contractingState, the charges imposed for the use <strong>of</strong> airportsand other facilities shall be subject to reviewby the Council, which shall report and makerecommendations thereon for the consideration<strong>of</strong> the State or States concerned. No fees, duesor other charges shall be imposed by anycontracting State in respect solely <strong>of</strong> the right<strong>of</strong> transit over or entry into or exit from itsterritory <strong>of</strong> any aircraft <strong>of</strong> a contracting Stateor persons or property thereon.Article 16Search <strong>of</strong> aircraftThe appropriate authorities <strong>of</strong> each <strong>of</strong> thecontracting States shall have the right, withoutunreasonable delay, to search aircraft <strong>of</strong> theother contracting States on landing or departure,and to inspect the certificates and otherdocuments prescribed by this Convention.CHAPTER IIINATIONALITY OF <strong>AIRCRAFT</strong>Article 17Nationality <strong>of</strong> aircraftAircraft have the nationality <strong>of</strong> the State inwhich they are registered.Article 18Dual registrationAn aircraft cannot be validly registered inmore than one State, but its registration may bechanged from one State to another.Article 19National laws governing registrationThe registration or transfer <strong>of</strong> registration <strong>of</strong>aircraft in any contracting State shall be made inaccordance with its laws and regulations.Article 20Display <strong>of</strong> marksEvery aircraft engaged in international airnavigation shall bear its appropriate nationalityand registration marks.Article 21Report <strong>of</strong> registrationsEach contracting State undertakes to supplyto any other contracting State or to theInternational <strong>Civil</strong> <strong>Aviation</strong> Organization, ondemand, information concerning theregistration and ownership <strong>of</strong> any particularaircraft registered in that State. In addition,each contracting State shall furnish reports tothe International <strong>Civil</strong> <strong>Aviation</strong> Organization,under such regulations as the latter mayprescribe, giving such pertinent data as can bemade available concerning the ownership andcontrol <strong>of</strong> aircraft registered in that State andhabitually engaged in international airnavigation. The data thus obtained by theInternational <strong>Civil</strong> <strong>Aviation</strong> Organization shallbe made available by it on request to the othercontracting States.CHAPTER IVMEASURES TO FACILITATEAIR NAVIGATIONArticle 22Facilitation <strong>of</strong> formalitiesEach contracting State agrees to adopt allpracticable measures, through the issuance <strong>of</strong>special regulations or otherwise, to facilitateand expedite navigation by aircraft betweenthe territories <strong>of</strong> contracting States, and toprevent unnecessary delays to aircraft, crews,passengers and cargo, especially in theadministration <strong>of</strong> the laws relating toimmigration, quarantine, customs andclearance.Article 23Customs and immigration proceduresEach contracting State undertakes, so faras it may find practicable, to establish customsand immigration procedures affectinginternational air navigation in accordance withthe practices which may be established orrecommended from time to time, pursuant tothis Convention. Nothing in this Conventionshall be construed as preventing theestablishment <strong>of</strong> customs-free airports.
10CHAP. I THE CHICAGO CONVENTION, 1944Article 24Article 26Customs dutyInvestigation <strong>of</strong> accidents(a) Aircraft on a flight to, from, or acrossthe territory <strong>of</strong> another contracting State shallbe admitted temporarily free <strong>of</strong> duty, subject tothe customs regulations <strong>of</strong> the State, Fuel,lubricating oils, spare parts, regular equipmentand aircraft stores on board an aircraft <strong>of</strong> acontracting State, on arrival in the territory <strong>of</strong>another contracting State and retained on boardon leaving the territory <strong>of</strong> that State shall beexempt from customs duty, inspection fees orsimilar national or local duties and charges.This exemption shall not apply to any quantitiesor articles unloaded, except in accordance withthe customs regulations <strong>of</strong> the State, whichmay require that they shall be kept undercustoms supervision.(b) Spare parts and equipment importedinto the territory <strong>of</strong> a contracting State forincorporation in or use on an aircraft <strong>of</strong> anothercontracting State engaged in international airnavigation shall be admitted free <strong>of</strong> customsduty, subject to compliance with the regulations<strong>of</strong> the State concerned, which may providethat the articles shall be kept under customssupervision and control.Aircraft in distressArticle 25Each contracting State undertakes toprovide such measures <strong>of</strong> assistance to aircraftin distress in its territory as it may findpracticable, and to permit, subject to controlby its own authorities, the owners <strong>of</strong> the aircraftor authorities <strong>of</strong> the State in which the aircraftis registered to provide such measures <strong>of</strong>assistance as may be necessitated by thecircumstances. Each contracting State, whenundertaking search for missing aircraft, willcollaborate in coordinated measures which maybe recommended from time to time pursuant tothis Convention.In the event <strong>of</strong> an accident to an aircraft <strong>of</strong>a contracting State occurring in the territory <strong>of</strong>another contracting State, and involving deathor serious injury, or indicating serious technicaldefect in the aircraft or air navigation facilities,the State in which the accident occurs willinstitute an inquiry into the circumstances <strong>of</strong>the accident, in accordance, so far as its lawspermit, with the procedure which may berecommended by the International <strong>Civil</strong><strong>Aviation</strong> Organization. The State in which theaircraft is registered shall be given theopportunity to appoint observers to be presentat the inquiry and the State holding the inquiryshall communicate the report and findings inthe matter to that State.Article 27Exemption from seizure on patent claims(a) While engaged in international airnavigation, any authorized entry <strong>of</strong> aircraft <strong>of</strong>a contracting State into the territory <strong>of</strong> anothercontracting State or authorized transit acrossthe territory <strong>of</strong> such State with or withoutlandings shall not entail any seizure or detention<strong>of</strong> the aircraft or any claim against the owneror operator there<strong>of</strong> or any other interferencetherewith by or on behalf <strong>of</strong> such State or anyperson therein, on the ground that theconstruction, mechanism, parts, accessoriesor operation <strong>of</strong> the aircraft is an infringement<strong>of</strong> any patent, design, or model duly granted orregistered in the State whose territory is enteredby the aircraft, it being agreed that no deposit<strong>of</strong> security in connection with the foregoingexemption from seizure or detention <strong>of</strong> theaircraft shall in any case be required in theState entered by such aircraft.(b) The provisions <strong>of</strong> paragraph (a) <strong>of</strong> thisArticle shall also be applicable to the storage<strong>of</strong> spare parts and spare equipment for theaircraft and the right to use and install the same
11THE CHICAGO CONVENTION, 1944CHAP. Iin the repair <strong>of</strong> an aircraft <strong>of</strong> a contractingState in the territory <strong>of</strong> any other contractingState, provided that any patented part orequipment so stored shall not be sold ordistributed internally in or exportedcommercially from the contracting State enteredby the aircraft.(c) The benefits <strong>of</strong> this Article shall applyonly to such States, parties to this Convention,as either (1) are parties to the InternationalConvention for the Protection <strong>of</strong> IndustrialProperty and to any amendments there<strong>of</strong>; or(2) have enacted patent laws which recognizeand give adequate protection to inventionsmade by the nationals <strong>of</strong> the other States partiesto this Convention.Article 28Air navigation facilities and standard systemsEach contracting State undertakes, so faras it may find practicable, to:(a) Provide, in its territory, airports, radioservices, meteorological services andother air navigation facilities to facilitateinternational air navigation, inaccordance with the standards andpractices recommended or establishedfrom time to time, pursuant to thisConvention;(b) Adopt and put into operation theappropriate standard systems <strong>of</strong>communications procedure, codes,markings, signals, lighting and otheroperational practices and rules whichmay be recommended or establishedfrom time to time, pursuant to thisConvention;(c) Collaborate in international measuresto secure the publication <strong>of</strong> aeronauticalmaps and charts in accordance withstandards which may be recommendedor established from time to time,pursuant to this Convention.CHAPTER VCONDITIONS TO BEFULFILLED WITH RESPECTTO <strong>AIRCRAFT</strong>Article 29Documents carried in aircraftEvery aircraft <strong>of</strong> a contracting State,engaged in international navigation, shall carrythe following documents in conformity withthe conditions prescribed in this Convention:(a) Its certificate <strong>of</strong> registration;(b) Its certificate <strong>of</strong> airworthiness;(c) The appropriate licences for eachmember <strong>of</strong> the crew;(d) Its journey log book;(e) If it is equipped with radio apparatus,the aircraft radio station licence;(f) If it carries passengers, a list <strong>of</strong> theirnames and places <strong>of</strong> embarkation anddestination;(g) If it carries cargo, a manifest and detaileddeclarations <strong>of</strong> the cargo.Article 30Aircraft radio equipment(a) Aircraft <strong>of</strong> each contracting State may,in or over the territory <strong>of</strong> other contractingStates, carry radio transmitting apparatus onlyif a licence to install and operate such apparatushas been issued by the appropriate authorities<strong>of</strong> the State in which the aircraft is registered.The use <strong>of</strong> radio transmitting apparatus in theterritory <strong>of</strong> the contracting State whose territoryis flown over shall be in accordance with theregulations prescribed by that State.(b) Radio transmitting apparatus may beused only by members <strong>of</strong> the flight crew whoare provided with a special licence for thepurpose, issued by the appropriate authorities<strong>of</strong> the State in which the aircraft is registered.
CHAP. I THE CHICAGO CONVENTION, 1944Article 31Certificates <strong>of</strong> airworthinessEvery aircraft engaged in internationalnavigation shall be provided with a certificate<strong>of</strong> airworthiness issued or rendered valid bythe State in which it is registered.Article 32Licences <strong>of</strong> personnel(a) The pilot <strong>of</strong> every aircraft and the othermembers <strong>of</strong> the operating crew <strong>of</strong> every aircraftengaged in international navigation shall beprovided with certificates <strong>of</strong> competency andlicences issued or rendered valid by the Statein which the aircraft is registered.(b) Each contracting State reserves the rightto refuse to recognize, for the purpose <strong>of</strong> flightabove its own territory, certificates <strong>of</strong>competency and licences granted to any <strong>of</strong> itsnationals by another contracting State.Article 33Recognition <strong>of</strong> certificates and licencesCertificates <strong>of</strong> airworthiness and certificate<strong>of</strong> competency and licences issued or renderedvalid by the contracting State in which theaircraft is registered, shall be recognized asvalid by the other contracting States, providedthat the requirements under which suchcertificates or licences were issued or renderedvalid are equal to or above the minimumstandards which may be established from timeto time pursuant to this Convention.Article 34Journey log booksThere shall be maintained in respect <strong>of</strong>every aircraft engaged in internationalnavigation a journey log book in which shallbe entered particulars <strong>of</strong> the aircraft, its crewand <strong>of</strong> each journey, in such form as may beprescribed from time to time pursuant to thisConvention.12Cargo restrictionsArticle 35(a) No munitions <strong>of</strong> war or implements <strong>of</strong>war may be carried in or above the territory <strong>of</strong>a State in aircraft engaged in internationalnavigation, except by permission <strong>of</strong> such State.Each State shall determine by regulations whatconstitutes munitions <strong>of</strong> war or implements <strong>of</strong>war for the purposes <strong>of</strong> this Article, giving dueconsideration, for the purposes <strong>of</strong> uniformity,to such recommendations as the International<strong>Civil</strong> <strong>Aviation</strong> Organization may from time totime make.(b) Each contracting State reserves the right,for reasons <strong>of</strong> public order and safety, toregulate or prohibit the carriage in or above itsterritory <strong>of</strong> articles other than those enumeratedin paragraph (a): provided that no distinctionis made in this respect between its nationalaircraft engaged in international navigationand the aircraft <strong>of</strong> the other States so engaged;and provided further that no restriction shallbe imposed which may interfere with thecarriage and use on aircraft <strong>of</strong> apparatusnecessary for the operation or navigation <strong>of</strong>the aircraft or the safety <strong>of</strong> the personnel orpassengers.Article 36Photographic apparatusEach contracting State may prohibit orregulate the use <strong>of</strong> photographic apparatus inaircraft over its territory.CHAPTER VIINTERNATIONAL STANDARDSAND RECOMMENDED PRACTICESArticle 37Adoption <strong>of</strong> international standards andproceduresEach contracting State undertakes tocollaborate in securing the highest practicable
13THE CHICAGO CONVENTION, 1944CHAP. Idegree <strong>of</strong> uniformity in regulations, standards,procedures, and organization in relation toaircraft, personnel, airways and auxiliaryservices in all matters in which such uniformitywill facilitate and improve air navigation.To this end the International <strong>Civil</strong> <strong>Aviation</strong>Organization shall adopt and amend from timeto time, as may be necessary, internationalstandards and recommended practices andprocedures dealing with:(a) Communications systems and airnavigation aids, including groundmarking;(b) Characteristics <strong>of</strong> airport and landingareas;(c) Rules <strong>of</strong> the air and air traffic controlpractices;(d) Licensing <strong>of</strong> operating and mechanicalpersonnel;(e) Airworthiness <strong>of</strong> aircraft;(f) Registration and identification <strong>of</strong>aircraft;(g) Collection and exchange <strong>of</strong>meteorological information;(h) Log books;(i) Aeronautical maps and charts;(j) Customs and immigration procedures;(k) Aircraft in distress and investigation <strong>of</strong>accidents;and such other matters concerned with thesafety, regularity, and efficiency <strong>of</strong> airnavigation as may from time to time appearappropriate.Article 38Departures from international standards andproceduresAny State which finds it impracticable tocomply in all respects with any such internationalstandard or procedure, or to bring its ownregulations or practices into full accord with anyinternational standard or procedure afteramendment <strong>of</strong> the latter, or which deems itnecessary to adopt regulations or practicesdiffering in any particular respect from thoseestablished by an international standard, shallgive immediate notification to the International<strong>Civil</strong> <strong>Aviation</strong> Organization <strong>of</strong> the differencesbetween its own practice and that established bythe International standard. In the case <strong>of</strong>amendments to international standards, any Statewhich does not make the appropriate amendmentsto its own regulations or practices shall givenotice to the Council within sixty days <strong>of</strong> theadoption <strong>of</strong> the amendment to the internationalstandard, or indicate the action which it proposesto take. In any such case, the Council shall makeimmediate notification to all other states <strong>of</strong> thedifference which exists between one or morefeatures <strong>of</strong> an international standard and thecorresponding national practice <strong>of</strong> that State.Article 39Endorsement <strong>of</strong> certificates and licences(a) Any aircraft or part there<strong>of</strong> with respectto which there exists an international standard<strong>of</strong> airworthiness or performance, and whichfailed in any respect to satisfy that standard atthe time <strong>of</strong> its certification, shall have endorsedon or attached to its airworthiness certificate acomplete enumeration <strong>of</strong> the details in respect<strong>of</strong> which it so failed.(b) Any person holding a licence who doesnot satisfy in full the conditions laid down inthe international standard relating to the class<strong>of</strong> licence or certificate which he holds shallhave endorsed on or attached to his licence acomplete enumeration <strong>of</strong> the particulars inwhich he does not satisfy such conditions.Article 40Validity <strong>of</strong> endorsed certificates and licencesNo aircraft or personnel having certificatesor licences so endorsed shall participate ininternational navigation, except with thepermission <strong>of</strong> the State or States whose territoryis entered. The registration or use <strong>of</strong> any suchaircraft, or <strong>of</strong> any certificated aircraft part, inany State other than that in which it wasoriginally certificated shall be at the discretion<strong>of</strong> the State into which the aircraft or part isimported.
CHAP. I THE CHICAGO CONVENTION, 194414Article 41Recognition <strong>of</strong> existing standards <strong>of</strong>airworthinessThe provisions <strong>of</strong> this Chapter shall notapply to aircraft and aircraft equipment <strong>of</strong> types<strong>of</strong> which the prototype is submitted to theappropriate national authorities for certificationprior to a date three years after the date <strong>of</strong>adoption <strong>of</strong> an international standard <strong>of</strong>airworthiness for such equipment.Article 42Recognition <strong>of</strong> existing standards <strong>of</strong>competency <strong>of</strong> personnelThe provisions <strong>of</strong> this Chapter shall notapply to personnel whose licences are originallyissued prior to a date one year after initialadoption <strong>of</strong> an international standard <strong>of</strong>qualification for such personnel; but they shallin any case apply to all personnel whose licencesremain valid five years after the date <strong>of</strong> adoption<strong>of</strong> such standard.PART IITHE INTERNATIONAL CIVILAVIATION ORGANIZATIONCHAPTER VIITHE ORGANIZATIONArticle 43Name and compositionAn organization to be named theInternational <strong>Civil</strong> <strong>Aviation</strong> Organization isformed by the Convention. It is made up <strong>of</strong> anAssembly, a Council, and such other bodies asmay be necessary.ObjectivesArticle 44The aims and objectives <strong>of</strong> the Organizationare to develop the principles and techniques <strong>of</strong>international air navigation and to foster theplanning and development <strong>of</strong> international airtransport so as to :(a) Insure the safe and orderly growth <strong>of</strong>international civil aviation throughoutthe world;(b) Encourage the arts <strong>of</strong> aircraft designand operation for peaceful purposes;(c) Encourage the development <strong>of</strong> airways,airports, and air navigation facilitiesfor international civil aviation;(d) Meet the needs <strong>of</strong> the peoples <strong>of</strong> theworld for safe, regular, efficient andeconomical air transport;(e) Prevent economic waste caused byunreasonable competition;(f) Insure that the right <strong>of</strong> contracting Statesare fully respected and that everycontracting State has a fair opportunityto operate international airlines;(g) Avoid discrimination betweencontracting States;(h) Promote safety <strong>of</strong> flight in internationalair navigation;(i) Promote generally the development <strong>of</strong>all aspects <strong>of</strong> international civilaeronautics.Article 45 *Permanent seatThe permanent seat <strong>of</strong> the Organizationshall be at such place as shall be determined atthe final meeting <strong>of</strong> the Interim Assembly <strong>of</strong>the Provisional International <strong>Civil</strong> <strong>Aviation</strong>* Signed on 14 June, 1954. Entered into force on 16 May, 1958.As on 30 June, 2003 there were 133 contracting States party to it. India ratified it on 19 January, 1955.The original unamended text <strong>of</strong> the Convention reads as follows:“ The permanent seat <strong>of</strong> the organization shall be at such place as shall be determined at the final meeting <strong>of</strong> the InterimAssembly <strong>of</strong> the Provisional International <strong>Civil</strong> <strong>Aviation</strong> Organization set up by the Interim Agreement on International<strong>Civil</strong> <strong>Aviation</strong> signed at Chicago on December 7, 1944. The seat may be temporarily transferred elsewhere by decision<strong>of</strong> the Council.”
15THE CHICAGO CONVENTION, 1944CHAP. IOrganization set up by the Interim Agreementon International <strong>Civil</strong> <strong>Aviation</strong> signed atChicago on December 7, 1944. The seat maybe temporarily transferred elsewhere bydecision <strong>of</strong> the Council, and otherwise thantemporarily by decisions <strong>of</strong> the Assembly, suchdecision to be taken by the number <strong>of</strong> votesspecified by the Assembly. The number <strong>of</strong>votes so specified will not be less than threefifths<strong>of</strong> the total number <strong>of</strong> contracting States.Article 46First meeting <strong>of</strong> AssemblyThe first meeting <strong>of</strong> the Assembly shall besummoned by the interim Council <strong>of</strong> the abovementioned Provisional Organization as soonas the Convention has come into force, to meetat a time and place to be decided by the InterimCouncil.Article 47Legal CapacityThe Organization shall enjoy in the territory<strong>of</strong> each contracting State such legal capacityas may be necessary for the performance <strong>of</strong> itsfunctions. Full juridical personality shall begranted wherever compatible with theconstitution and laws <strong>of</strong> the State concerned.CHAPTER VIIITHE ASSEMBLYArticle 48Meetings <strong>of</strong> Assembly and voting(a) The Assembly shall meet not less thanonce in three years and shall be convened bythe Council at a suitable time and place. Anextraordinary meeting <strong>of</strong> the Assembly may beheld at any time upon the call <strong>of</strong> the Council orat the request <strong>of</strong> not less than one-fifth <strong>of</strong> thetotal number <strong>of</strong> contracting States addressedto the Secretary <strong>General</strong>. *(b) All Contracting States shall have anequal right to be represented at the meetings <strong>of</strong>the Assembly and each contracting State shallbe entitled to one vote. Delegates representingcontracting States may be assisted by technicaladvisers who may participate in the meetingsbut shall have no vote.(c) A majority <strong>of</strong> the contracting States isrequired to constitute a quorum for the meetings<strong>of</strong> the Assembly. Unless otherwise provided inthis Convention, decisions <strong>of</strong> the Assemblyshall be taken by a majority <strong>of</strong> the votes cast.Article 49Powers and duties <strong>of</strong> AssemblyThe powers and duties <strong>of</strong> the Assemblyshall be to:(a) Elect at each meeting its President andother <strong>of</strong>ficers;(b) Elect the contracting States to berepresented on the Council, inaccordance with the provisions <strong>of</strong>Chapter IX;(c) Examine and take appropriate actionon the reports <strong>of</strong> the Council and decideon any matter referred to it by theCouncil;* This is the text <strong>of</strong> the Article as amended by the 14th Session <strong>of</strong> the Assembly on 14 September, 1962. It entered int<strong>of</strong>orce on 11 September, 1975. Under Article 94(a) <strong>of</strong> the Convention, the amended text is in force in respect <strong>of</strong> thoseStates which have ratified the amendment. As on 30 June, 2003 there were 111 contracting States party to this. Indiaratified it on 6 October, 1970. The previous text <strong>of</strong> this Article as amended by the 8th Session <strong>of</strong> the Assembly on14 June, 1954 and which entered into force on 12 December, 1956 reads as follows:“(a) The Assembly shall meet not less than once in three years and shall be convened by the Council at a suitable timeand place. Extraordinary meetings <strong>of</strong> the Assembly may be held at any time upon the call <strong>of</strong> the council or at the request<strong>of</strong> any ten contracting States addressed to the Secretary <strong>General</strong>.”As on 30 June, 2003 it has been ratified by 136 States.India ratified it on 19 January, 1955.The original unamended text <strong>of</strong> the Convention reads as follows:“(a) The Assembly shall meet annually and shall be convened by the Council at a suitable time and place. Extraordinarymeetings <strong>of</strong> the Assembly may be held at any time upon the call <strong>of</strong> the Council or at the request <strong>of</strong> any ten contractingStates addressed to the Secretary <strong>General</strong>.
CHAP. I THE CHICAGO CONVENTION, 194416(d) Determine its own rules <strong>of</strong> procedureand establish such subsidiarycommissions as it may consider to benecessary or desirable;(e) Vote annual budgets and determine thefinancial arrangements <strong>of</strong> theOrganization, in accordance with theprovisions <strong>of</strong> Chapter XII; *(f) Review expenditures and approve theaccounts <strong>of</strong> the Organization;(g) Refer, at its discretion, to the Council,to subsidiary commissions, or to anyother body any matter within its sphere<strong>of</strong> action;(h) Delegate to the Council the powers andauthority necessary or desirable for thedischarge <strong>of</strong> the duties <strong>of</strong> theOrganization and revoke or modify thedelegations <strong>of</strong> authority at any time;(i) Carry out the appropriate provisions <strong>of</strong>Chapter XIII;(j) Consider proposals for the modificationor amendment <strong>of</strong> the provisions <strong>of</strong> thisConvention and, if it approves <strong>of</strong> theproposals, recommend them to thecontracting States in accordance withthe provisions <strong>of</strong> Chapter XXI;(k) Deal with any matter within the sphere<strong>of</strong> action <strong>of</strong> the Organization notspecifically assigned to the Council.CHAPTER IXTHE COUNCILArticle 50Composition and election <strong>of</strong> Council(a) The Council shall be a permanent bodyresponsible to the Assembly. It shall becomposed <strong>of</strong> thirty-six contracting Stateselected by the Assembly. An election shall beheld at the first meeting <strong>of</strong> the Assembly andthereafter every three years, and the members<strong>of</strong> the Council so elected shall hold <strong>of</strong>fice untilthe next following election. **(b) In electing the members <strong>of</strong> the Council,the Assembly shall give adequate representationto (1) the States <strong>of</strong> chief importance in airtransport; (2) the States not otherwise includedwhich make the largest contribution to theprovision <strong>of</strong> facilities for international civil airnavigation,; and (3) the States not otherwiseincluded whose designation will insure that allthe major geographic areas <strong>of</strong> the world arerepresented on the Council. Any vacancy onthe Council shall be filled by the Assembly assoon as possible; any contracting State soelected to the Council shall hold <strong>of</strong>fice for the* This is the text <strong>of</strong> the Article as amended by the Eighth Session <strong>of</strong> the Assembly on 14 June, 1954. It entered into forceon 12 December, 1956. Under Article 94(a) <strong>of</strong> the Convention, the amended text is in force in respect <strong>of</strong> those Stateswhich have ratified the amendment.As on 30 June, 2003 there were 136 contracting States party to this.India ratified it on 19 January, 1955.In respect <strong>of</strong> the States which have not ratified the amendment, the original text is still in force and, therefore, that textis reproduced below :“(e) Vote an annual budget and determine the financial arrangements <strong>of</strong> the Organization, in accordance with theprovisions <strong>of</strong> Chapter XII;”.** This is the text <strong>of</strong> the Article as amended by the 21st Session <strong>of</strong> the Assembly on 16 October 1974, It entered into forceon 15 February, 1980. The original text <strong>of</strong> the Convention provided for twenty-one Members <strong>of</strong> the Council. The textwas subsequently amended at the 13th (Extraordinary) Session <strong>of</strong> the Assembly on 19 June, 1961; that amendmententered into force on 17 July, 1962 and provided for twenty-seven Members <strong>of</strong> the Council: a further amendment wasapproved by the 17th (A) (Extraordinary) Session <strong>of</strong> the Assembly on 12 March, 1971 providing for thirty Members <strong>of</strong>the Council; this amendment entered into force on 16 January, 1973. This had 125 parties as on 30 June, 2003.India ratified it on 15 June, 1971.Next amendment signed on 26 October, 1990 at Montreal which entered into force on 28 November, 2002.As on June, 2003 there were 117 contracting States party to this.India ratified it on 9 July, 1992.
17THE CHICAGO CONVENTION, 1944CHAP. Iunexpired portion <strong>of</strong> its predecessor’s term <strong>of</strong><strong>of</strong>fice.(c) No representative <strong>of</strong> a contracting Stateon the Council shall be actively associatedwith the operation <strong>of</strong> an international air serviceor financially interested in such a service.President <strong>of</strong> CouncilArticle 51The Council shall elect its President for aterm <strong>of</strong> three years. He may be reelected. Heshall have no vote. The Council shall electfrom among its members one or more VicePresidents who shall retain their right to votewhen serving as acting President. The Presidentneed not be selected from among therepresentatives <strong>of</strong> the members <strong>of</strong> the Councilbut, if a representative is elected, his seat shallbe deemed vacant and it shall be filled by theState which he represented. The duties <strong>of</strong> thePresident shall be to:(a) Convene meetings <strong>of</strong> the Council, theAir Transport Committee, and the AirNavigation Commission;(b) Serve as representative <strong>of</strong> the Council;and(c) Carry out on behalf <strong>of</strong> the Council thefunctions which the Council assigns tohim.Voting in CouncilArticle 52Decisions by the Council shall requireapproval by a majority <strong>of</strong> its members. TheCouncil may delegate authority with respect toany particular matter to a committee <strong>of</strong> itsmembers. Decisions <strong>of</strong> any committee <strong>of</strong> theCouncil may be appealed to the Council by anyinterested contracting State.Article 53Participation without a voteAny contracting State may participate,without a vote, in the consideration by theCouncil and by its committees and commissions<strong>of</strong> any question which especially affects itsinterests. No member <strong>of</strong> the Council shall votein the consideration by the Council <strong>of</strong> a disputeto which it is a party.Article 54Mandatory functions <strong>of</strong> CouncilThe Council shall :(a) Submit annual reports to the Assembly;(b) Carry out the directions <strong>of</strong> the Assemblyand discharge the duties and obligationswhich are laid on it by this Convention;(c) Determine its organization and rules <strong>of</strong>procedure;(d) Appoint and define the duties <strong>of</strong> an AirTransport Committee, which shall bechosen from among the representatives<strong>of</strong> the members <strong>of</strong> the Council, andwhich shall be responsible to it;(e) Establish an Air NavigationCommission, in accordance with theprovisions <strong>of</strong> Chapter X;(f) Administer the Finances <strong>of</strong> theOrganization in accordance with theprovisions <strong>of</strong> Chapters XII and XV;(g) Determine the emoluments <strong>of</strong> thePresident <strong>of</strong> the Council;(h) Appoint a chief executive <strong>of</strong>ficer whoshall be called the Secretary <strong>General</strong>,and make provision for the appointment<strong>of</strong> such other personnel as may benecessary, in accordance with theprovisions <strong>of</strong> Chapter XI;(i) Request, collect, examine and publishinformation relating to the advancement<strong>of</strong> air navigation and the operation <strong>of</strong>international air services, includinginformation about the costs <strong>of</strong> operationand particulars <strong>of</strong> subsidies paid toairlines from public funds;(j) Report to contracting States anyinfraction <strong>of</strong> this Convention, as well as
CHAP. I THE CHICAGO CONVENTION, 1944any failure to carry out recommendationsor determinations <strong>of</strong> the Council;(k) Report to the Assembly any infraction<strong>of</strong> this Convention where a contractingState has failed to take appropriate actionwithin a reasonable time after notice <strong>of</strong>the infraction;(l) Adopt, in accordance with the provisions<strong>of</strong> Chapter VI <strong>of</strong> this Convention,international standards andrecommended practices; forconvenience, designate them as Annexesto this Convention; and notify allcontracting States <strong>of</strong> the action taken;(m) Consider recommendations <strong>of</strong> the Airnavigation Commission for amendment<strong>of</strong> the Annexes and take action inaccordance with the provisions <strong>of</strong>Chapter XX;(n) Consider any matter relating to theConvention which any contracting Staterefers to it.Article 55Permissive functions <strong>of</strong> CouncilThe Council may :(a) Where appropriate and as experiencemay show to be desirable, createsubordinate air transport commissionson a regional or other basis and definegroups <strong>of</strong> states or airlines with orthrough which it may deal to facilitatethe carrying out <strong>of</strong> the aims <strong>of</strong> thisConvention;(b) Delegate to the Air NavigationCommission duties additional to thoseset forth in the Convention and revokeor modify such delegations <strong>of</strong> authority18at any time;(c) Conduct research into all aspects <strong>of</strong> airtransport and air navigation which are<strong>of</strong> international importance,communicate the results <strong>of</strong> its researchto the contracting States, and facilitatethe exchange <strong>of</strong> information betweencontracting States on air transport andair navigation matters;(d) Study any matters affecting theorganization and operation <strong>of</strong>international air transport, including theinternational ownership and operation<strong>of</strong> international air services on trunkroutes, and submit to the Assembly plansin relation thereto;(e) Investigate, at the request <strong>of</strong> anycontracting State, any situation whichmay appear to present avoidableobstacles to the development <strong>of</strong>international air navigation; and, aftersuch investigation, issue such report asmay appear to it desirable.CHAPTER XTHE AIR NAVIGATIONCOMMISSIONArticle 56Nomination and appointment <strong>of</strong> CommissionThe Air Navigation Commission shall becomposed <strong>of</strong> fifteen members appointed bythe Council from among persons nominated bycontracting States. These persons shall havesuitable qualifications and experience in thescience and practice <strong>of</strong> aeronautics. TheCouncil shall request all contracting States tosubmit nominations. The President <strong>of</strong> the AirNavigation Commission shall be appointed bythe Council. ** This is the text <strong>of</strong> the Article as amended at the 18th Session <strong>of</strong> the Assembly on 7 July, 1971. It entered into force on19 December, 1974. The original text <strong>of</strong> the Convention provided for twelve members <strong>of</strong> the Air Navigation Commission.As on 30 June, 2003 there were 127 States party to it.India ratified it on 21 December, 1971Next amendment was carried out on 6 October, 1989. This has not been entered into force due to insufficient number <strong>of</strong>ratifications.As on 30 June, 2003 there were 96 States party to it.India ratified it on 1 September, 1992.
19THE CHICAGO CONVENTION, 1944CHAP. IDuties <strong>of</strong> CommissionArticle 57The Air Navigation Commission shall :(a) Consider, and recommend to theCouncil for adoption, modifications <strong>of</strong>the Annexes to this Convention;(b) Establish technical subcommissions onwhich any contracting State may berepresented, if it so desires;(c) Advise the Council concerning thecollection and communication to thecontracting States <strong>of</strong> all informationwhich it considers necessary and usefulfor the advancement <strong>of</strong> air navigation.CHAPTER XIPERSONNELArticle 58Appointment <strong>of</strong> personnelSubject to any rules laid down by theAssembly and to the provisions <strong>of</strong> thisConvention, the Council shall determine themethod <strong>of</strong> appointment and <strong>of</strong> termination <strong>of</strong>appointment, the training, and the salaries,allowances, and conditions <strong>of</strong> service <strong>of</strong> theSecretary <strong>General</strong> and other personnel <strong>of</strong> theOrganization, and may employ or make use <strong>of</strong>the services <strong>of</strong> nationals <strong>of</strong> any contractingState.Article 59International character <strong>of</strong> personnelThe President <strong>of</strong> the Council, the Secretary<strong>General</strong>, and other personnel shall not seek orreceive instructions in regard to the discharge<strong>of</strong> their responsibilities from any authorityexternal to the Organization. Each contractingState undertakes fully to respect theinternational character <strong>of</strong> the responsibilities<strong>of</strong> the personnel and not to seek to influenceany <strong>of</strong> its nationals in the discharge <strong>of</strong> theirresponsibilities.Article 60Immunities and privileges <strong>of</strong> personnelEach contracting State undertakes, so faras possible under its constitutional procedure,to accord to the President <strong>of</strong> the Council, theSecretary <strong>General</strong>, and the other personnel <strong>of</strong>the Organization, the immunities and privilegeswhich are accorded to corresponding personnel<strong>of</strong> the public international organizations. If ageneral international agreement on theimmunities and privileges <strong>of</strong> international civilservants is arrived at, the immunities andprivileges accorded to the President, theSecretary <strong>General</strong>, and the other personnel <strong>of</strong>the Organization shall be the immunities andprivileges accorded under that generalinternational agreement.CHAPTER XIIFINANCEArticle 61 *Budget and apportionment <strong>of</strong> expensesThe Council shall submit to the Assemblyannual budgets, annual statements <strong>of</strong> accountsand estimates <strong>of</strong> all receipts and expenditures.The Assembly shall vote the budgets withwhatever modification it sees fit to prescribe,and, with the exception <strong>of</strong> assessments underChapter XV to States consenting thereto, shallapportion the expenses <strong>of</strong> the Organizationamong the contracting States on the basis whichit shall from time to time determine.* This is the text <strong>of</strong> the Article as amended by the Eighth Session <strong>of</strong> the Assembly on 14 June 1954; it entered into forceon 12 December, 1956. As on 30 June, 2003 there were 136 contracting States party to this. India ratified it on 19January, 1955. Under Article 94(a) <strong>of</strong> the Convention, the amended text is in force in respect <strong>of</strong> those States which haveratified the amendment. In respect <strong>of</strong> the States which have not ratified the amendment, the original text is still in forceand, therefore, that text is reproduced below :“The Council shall submit to the Assembly an annual budget, annual statements <strong>of</strong> accounts and estimates <strong>of</strong> allreceipts and expenditures. The Assembly shall vote the budget with whatever modification it sees fit to prescribe, and,with the exception <strong>of</strong> assessments under Chapter XV to States consenting thereto, shall apportion the expenses <strong>of</strong> theOrganization among the contracting States on the basis which it shall from time to time determine.”
CHAP. I THE CHICAGO CONVENTION, 194420Article 62Suspension <strong>of</strong> voting powerThe Assembly may suspend the voting powerin the Assembly and in the Council <strong>of</strong> anycontract-ing State that fails to discharge withina reasonable period its financial obligations tothe Organization.Article 63Expenses <strong>of</strong> delegations and other representativesEach contracting State shall bear theexpenses <strong>of</strong> its own delegation to the Assemblyand the remuneration, travel, and otherexpenses <strong>of</strong> any person whom it appoints toserve on the Council, and <strong>of</strong> its nominees orrepresentatives on any subsidiary committeesor commissions <strong>of</strong> the Organization.CHAPTER XIIIOTHER INTERNATIONALARRANGEMENTSArticle 64Security arrangementsThe Organization may, with respect to airmatters within its competence directly affectingworld security, by vote <strong>of</strong> the Assembly enterinto appropriate arrangements with any generalorganization set up by the nations <strong>of</strong> the worldto preserve peace.Article 65Arrangements with other international bodiesThe Council, on behalf <strong>of</strong> the Organization,may enter into agreements with otherinternational bodies for the maintenance <strong>of</strong>common services and for commonarrangements concerning personnel and, withthe approval <strong>of</strong> the Assembly, may enter intosuch other arrangements as may facilitate thework <strong>of</strong> the Organization.Article 66Functions relating to other agreements(a) The Organization shall also carry outthe functions placed upon it by the InternationalAir Services Transit Agreement and by theInter-national Air Transport Agreement drawnup at Chicago on December 7, 1944, inaccordance with the terms and conditions therein set forth.(b) Members <strong>of</strong> the Assembly and theCouncil who have not accepted the InternationalAir Servi-ces Transit Agreement <strong>of</strong> theInternational Air Transport Agreement drawnup at Chicago on 7 December 1944 shall nothave the right to vote on any questions referredto the Assembly or Council under the provisions<strong>of</strong> the relevant Agreement.PART IIIINTERNATIONAL AIR TRANSPORTCHAPTER XIVINFORMATION AND REPORTSArticle 67File reports with CouncilEach contracting State undertakes that itsinternational airlines shall, in accordance withrequirements laid down by the Council, filewith the Council traffic reports, cost statisticsand financial statements showing among otherthings all receipts and the sources there<strong>of</strong>.CHAPTER XVAIRPORTS AND OTHER AIRNAVIGATION FACILITIESArticle 68Designation <strong>of</strong> routes and airportsEach contracting State may, subject to theprovisions <strong>of</strong> this Convention, designate theroute to be followed within its territory by anyinternational air service and the airports whichany such service may use.Article 69Improvement <strong>of</strong> air navigation facilitiesIf the Council is <strong>of</strong> the opinion that theairports or other air navigation facilities,including radio and meteorological services,
<strong>of</strong> a contracting State are not reasonablyadequate for the safe, regular, efficient, andeconomical operation <strong>of</strong> international airservices, present or contemplated, the Councilshall consult with the State directly concerned,and other States affected, with a view to findingmeans by which the situation may be remedied,and may make recommendations for thatpurpose. No contracting State shall be guilty<strong>of</strong> an infraction <strong>of</strong> this Convention if it fails tocarry out these recommendations.Article 70Financing <strong>of</strong> air navigation facilitiesA contracting State, in the circumstancesarising under the provisions <strong>of</strong> Article 69, mayconclude an arrangement with the Council forgiving effect to such recommendations. TheState may elect to bear all <strong>of</strong> the costs involvedin any such arrangement. If the State does notso elect, the Council may agree, at the request<strong>of</strong> the State, to provide for all or a portion <strong>of</strong>the costs.Article 71Provision and maintenance <strong>of</strong> facilities byCouncilIf a contracting State so request, the Councilmay agree to provide, man, maintain, andadminister any or all <strong>of</strong> the airports and otherair navigation facilities including radio andmeteorological services, required in its territoryfor the safe, regular, efficient and economicaloperation <strong>of</strong> the international air services <strong>of</strong>the other contracting States, and may specifyjust and reasonable charges for the use <strong>of</strong> thefacilities provided.Article 72Acquisition or use <strong>of</strong> landWhere land is needed for facilities financedin whole or in part by the Council at the request<strong>of</strong> a contracting State, that State shall eitherprovide the land itself, retaining title if it wishes,or facilitate the use <strong>of</strong> the land by the Councilon just and reasonable terms and in accordancewith the laws <strong>of</strong> the State concerned.21THE CHICAGO CONVENTION, 1944Article 73Expenditure and assessment <strong>of</strong> fundsWithin the limit <strong>of</strong> the funds which may bemade available to it by the Assembly underChapter XII, the Council may make currentexpenditures for the purposes <strong>of</strong> this Chapterfrom the general funds <strong>of</strong> the Organization.The Council shall assess the capital fundsrequired for the purposes <strong>of</strong> this Chapter inpreviously agreed proportions over a reasonableperiod <strong>of</strong> time to the contracting Stateconsenting thereto whose airlines use thefacilities. The Council may also assess to Statesthat consent any working funds that arerequired.Article 74Technical assistance and utilization <strong>of</strong> revenuesWhen the Council, at the request <strong>of</strong> acontracting State, advances funds or providesairports or other facilities in whole or in part,the arrangement may provide, with the consent<strong>of</strong> that State, for technical assistance in thesupervision and operation <strong>of</strong> the airports andother facilities, and for the payment, from therevenues derived from the operation <strong>of</strong> theairports and other facilities <strong>of</strong> the operatingexpenses <strong>of</strong> the airports and the other facilities,and <strong>of</strong> interest and amortization charges.Article 75Taking over <strong>of</strong> facilities from CouncilCHAP. IA contracting State may at any timedischarge any obligation into which it hasentered under Article 70, and take over airportsand other facilities which the Council hasprovided in its territory pursuant to theprovisions <strong>of</strong> Articles 71 and 72, by paying tothe Council an amount which in the opinion <strong>of</strong>the Council is reasonable in the circumstances.If the State considers that the amount fixed bythe Council is unreasonable it may appeal tothe Assembly against the decision <strong>of</strong> theCouncil and the Assembly may confirm oramend the decision <strong>of</strong> the Council.
CHAP. I THE CHICAGO CONVENTION, 1944Return <strong>of</strong> fundsArticle 76Funds obtained by the Council throughreimbursement under Article 75 and fromreceipts <strong>of</strong> interest and amortization paymentsunder Article 74 shall, in the case <strong>of</strong> advancesoriginally financed by States under Article 73,be returned to the States which were orginallyassessed in the proportion <strong>of</strong> their assessments,as determined by the Council.CHAPTER XVIJOINT OPERATINGORGANIZATIONS ANDPOOLED SERVICESArticle 77Joint operating organizations permittedNothing in this Convention shall preventtwo or more contracting States fromconstituting joint air transport operatingorganizations or international operatingagencies and from pooling their air services onany routes or in any regions, but suchorganization or agencies and such pooledservices shall be subject to all the provisions<strong>of</strong> this Convention, including those relating tothe registration <strong>of</strong> agreements with the Council.The Council shall determine in what mannerthe provisions <strong>of</strong> this Convention relating tonationality <strong>of</strong> aircraft shall apply to aircraftoperated by international operating agencies.Article 78Function <strong>of</strong> CouncilThe Council may suggest to contractingStates concerned that they form jointorganizations to operate air services on anyroutes or in any regions.Article 79Participation in operating organizationsA State may participate in joint operatingorganizations or in pooling arrangements, eitherthrough its government or through an airlinecompany or companies designated by its22government. The companies may, at the solediscretion <strong>of</strong> the State concerned, be stateownedor party state-owned or privately owned.PART IVFINAL PROVISIONSCHAPTER XVIIOTHER AERONAUTICALAGREEMENTS ANDARRANGEMENTSArticle 80Paris and Habana ConventionsEach contracting State undertakes,immediately upon the coming into force <strong>of</strong> thisConvention, to give notice <strong>of</strong> denunciation <strong>of</strong>the Convention relating to the Regulation <strong>of</strong>Aerial Navigation signed at Paris on October13, 1919 or the Convention on Commercial<strong>Aviation</strong> signed at Habana on February 20,1928, if it is a party to either. As betweencontracting States, this Convention supersedesthe Conventions <strong>of</strong> Paris and Habana previouslyreferred to.Article 81Registration <strong>of</strong> existing agreementsAll aeronautical agreements which are inexistence on the coming into force <strong>of</strong> thisConvention, and which are between acontracting State and any other State or betweenan airline <strong>of</strong> a contracting State and any otherState or the airline <strong>of</strong> any other State, shall beforthwith registered with the Council.Article 82Abrogation <strong>of</strong> inconsistent arrangementsThe contracting States accept thisConvention as abrogating all obligations andunderstandings between them which areinconsistent with its terms, and undertake not toenter into any such obligations andunderstandings. A contracting State which,before becoming a member <strong>of</strong> the Organizationhas undertaken any obligations toward a noncontractingState or a national <strong>of</strong> a contracting
23THE CHICAGO CONVENTION, 1944CHAP. IState or a non-contracting State inconsistentwith the terms <strong>of</strong> this Convention, shall takeimmediate steps to procure its release from theobligations. If an airline <strong>of</strong> any contracting Statehas entered into any such inconsistentobligations, the State <strong>of</strong> which it is a nationalshall use its best efforts to secure their terminationforth with and shall in any event cause them tobe terminated as soon as such action can lawfullybe taken after the coming into force <strong>of</strong> thisConvention.Article 83Registration <strong>of</strong> new arrangementsSubject to the provisions <strong>of</strong> the precedingArticle, any contracting State may makearrangements not inconsistent with theprovisions <strong>of</strong> this Convention. Any sucharrangement shall be forthwith registered withthe Council, which shall make it public as soonas possible.Article 83 bis *Transfer <strong>of</strong> certain functions and duties(a) Notwithstanding the provisions <strong>of</strong>Article 12, 30, 31 and 32(a) when an aircraftregistered in a contracting State is operatedpursuant to an agreement for the lease, charteror interchange <strong>of</strong> the aircraft or any similararrangement by an operator who has hisprincipal place <strong>of</strong> business or, if he has no suchplace <strong>of</strong> business, his permanent residence inanother contracting State, the State <strong>of</strong> registrymay, by agreement with such other State,transfer to it all or part <strong>of</strong> its functions andduties as State <strong>of</strong> registry in respect <strong>of</strong> thataircraft under Articles 12, 30, 31 and 32(a).The State <strong>of</strong> registry shall be relieved <strong>of</strong>responsibility in respect <strong>of</strong> the functions andduties transferred.(b) The transfer shall not have effect inrespect <strong>of</strong> other contracting States before eitherthe agreement between States in which it isembodied has been registered with the Counciland made public pursuant to Article 83 or theexistence and scope <strong>of</strong> the agreement havebeen directly communicated to the authorities<strong>of</strong> the other contracting State or Statesconcerned by a State party to the agreement.(c) The provisions <strong>of</strong> paragraph (a) and (b)above shall also be applicable to cases coveredby Article 77.CHAPTER XVIIIDISPUTES AND DEFAULTSettlement <strong>of</strong> disputesArticle 84If any disagreement between two or morecontracting States relating to the interpretationor application <strong>of</strong> this Convention and itsAnnexes cannot be settled by negotiation, itshall, on the application <strong>of</strong> any State concernedin the disagreement, be decided by the Council.No member <strong>of</strong> the Council shall vote in theconsideration by the Council <strong>of</strong> any dispute towhich it is a party. Any contracting State may,subject to Article 85, appeal from the decision<strong>of</strong> the Council to an ad hoc arbitral tribunalagreed upon with the other parties to the disputeor to the Permanent Court <strong>of</strong> InternationalJustice. Any such appeal shall be notified tothe Council within sixty days <strong>of</strong> receipt <strong>of</strong>notification <strong>of</strong> the decision <strong>of</strong> the Council.Article 85Arbitration procedureIf any contracting State party to a dispute inwhich the decision <strong>of</strong> the Council is under* On 6 October 1980 the Assembly decided to amend the Chicago Convention by introducing Article 83 bis. Under Article94(a) <strong>of</strong> the Convention the amendment came into force on 20 June 1997 in respect <strong>of</strong> States which ratified it.As on 30 June, 2003 there were 139 contracting States party to it.India ratified it on 5 August, 1994.Next amendment was signed at Montreal on 10 May, 1984 which entered into force on 1 October, 1998. This has 125States as party to itIndia has not ratified it.
CHAP. I THE CHICAGO CONVENTION, 194424appeal has not accepted the Statute <strong>of</strong> thePermanent Court <strong>of</strong> International Justice andthe contracting States parties to the disputecannot agree on the choice <strong>of</strong> the arbitraltribunal, each <strong>of</strong> the contracting States partiesto the dispute shall name a single arbitratorwho shall name an umpire. If either contractingState party to the dispute fails to name anarbitrator within a period <strong>of</strong> three months fromthe date <strong>of</strong> the appeal, an arbitrator shall benamed on behalf <strong>of</strong> that State by the President<strong>of</strong> the Council from a list <strong>of</strong> qualified andavailable persons maintained by the Council.If, within thirty days, the arbitrators cannotagree on an umpire, the President <strong>of</strong> the Councilshall designate an umpire from the listpreviously referred to. The arbitrators and theumpire shall then jointly constitute an arbitraltribunal. Any arbitral tribunal established underthis or the preceding Article shall settle its ownprocedure and give its decisions by majorityvote, provided that the Council may determineprocedural questions in the event <strong>of</strong> any delaywhich in the opinion <strong>of</strong> the Council is excessive.Article 86AppealsUnless the Council decides otherwise anydecision by the Council on whether aninternational airline is operating in conformitywith the provisions <strong>of</strong> this Convention shallremain in effect unless reversed on appeal. Onany other matter, decisions <strong>of</strong> the Councilshall, if appealed from, be suspended until theappeal is decided. The decisions <strong>of</strong> thePermanent Court <strong>of</strong> International Justice and<strong>of</strong> an arbitral tribunal shall be final and binding.Article 87Penalty for non-conformity <strong>of</strong> airlineEach contracting State undertakes not toallow the operation <strong>of</strong> an airline <strong>of</strong> a contractingState through the airspace above its territory ifthe Council has decided that the airlineconcerned is not conforming to a final decisionrendered in accordance with the previousArticle.Article 88Penalty for non-conformity by StateThe Assembly shall suspend the votingpower in the Assembly and in the Council <strong>of</strong>any contracting State that is found in defaultunder the provisions <strong>of</strong> this Chapter.CHAPTER XIXWARArticle 89War and emergency conditionsIn case <strong>of</strong> war, the provisions <strong>of</strong> thisConvention shall not affect the freedom <strong>of</strong>action <strong>of</strong> any <strong>of</strong> the contracting States affected,whether as belligerents or as neutrals. Thesame principle shall apply in the case <strong>of</strong> anycontracting State which declares a state <strong>of</strong>national emergency and notifies the fact to theCouncil.CHAPTER XXANNEXESArticle 90Adoption and amendment <strong>of</strong> Annexes(a) The adoption by the Council <strong>of</strong> theAnnexes described in Article 54,subparagraph (l), shall require the vote<strong>of</strong> two-thirds <strong>of</strong> the Council at a meetingcalled for that purpose and shall then besubmitted by the Council to eachcontracting State. Any such Annex orany amendment <strong>of</strong> an Annex shallbecome effective within three monthsafter its submission to the contractingStates or at the end <strong>of</strong> such longer period<strong>of</strong> time as the Council may prescribe,unless in the meantime a majority <strong>of</strong> thecontracting States register theirdisapproval with the Council.(b) The Council shall immediately notifyall contracting States <strong>of</strong> the coming int<strong>of</strong>orce <strong>of</strong> any Annex or amendmentthereto.
25THE CHICAGO CONVENTION, 1944CHAP. ICHAPTER XXIRATIFICATIONS, ADHERENCES,AMENDMENTS, ANDDENUNCIATIONSArticle 91Ratification <strong>of</strong> Convention(a) This Convention shall be subject toratification by the signatory States. Theinstruments <strong>of</strong> ratification shall be depositedin the archives <strong>of</strong> the Government <strong>of</strong> the UnitedStates <strong>of</strong> America, which shall give notice <strong>of</strong>the date <strong>of</strong> the deposit to each <strong>of</strong> the signatoryand adhering States.(b) As soon as this Convention has beenratified or adhered to by twenty-six States itshall come into force between them on thethirtieth day after deposit <strong>of</strong> the twenty-sixthinstrument. It shall come into force for eachState ratifying thereafter on the thirtieth dayafter the deposit <strong>of</strong> its instrument <strong>of</strong> ratification.(c) It shall be the duty <strong>of</strong> the Government <strong>of</strong>the United States <strong>of</strong> America to notify thegovernment <strong>of</strong> each <strong>of</strong> the signatory andadhering States <strong>of</strong> the date on which thisConvention comes into force.Article 92Adherence to Convention(a) This Convention shall be open foradherence by members <strong>of</strong> the United Nationsand States associated with them, and Stateswhich remained neutral during the presentworld conflict.(b) Adherence shall be effected by anotification addressed to the Government <strong>of</strong>the United States <strong>of</strong> America and shall takeeffect as from the thirtieth day from the receipt<strong>of</strong> the notification by the Government <strong>of</strong> theUnited States <strong>of</strong> America, which shall notifyall the contracting States.Article 93Admission <strong>of</strong> other StatesStates other than those provided for inArticles 91 and 92 (a) may, subject to approvalby any general international organization setup by the nations <strong>of</strong> the world to preservepeace, be admitted to participation in thisConvention by means <strong>of</strong> a four-fifths vote <strong>of</strong>the Assembly and on such conditions as theAssembly may prescribe: provided that in eachcase the assent <strong>of</strong> any State invaded or attackedduring the present war by the State seekingadmission shall be necessary.Article 93 bis *(a) Notwithstanding the provisions <strong>of</strong>Article 91, 92 and 93 above:(1) A State whose government the <strong>General</strong>Assembly <strong>of</strong> the United Nations hasrecommended be debarred frommembership in international agenciesestablished by or brought intorelationship with the United Nationsshall automatically cease to be a member<strong>of</strong> the International <strong>Civil</strong> <strong>Aviation</strong>Organization;(2) A State which has been expelled frommembership in the United Nations shallautomatically cease to be a member <strong>of</strong>the International <strong>Civil</strong> <strong>Aviation</strong>Organization unless the <strong>General</strong>Assembly <strong>of</strong> the United Nations attachesto its act <strong>of</strong> expulsion a recommendationto the contrary.(b) A State which ceases to be a member <strong>of</strong>the International <strong>Civil</strong> <strong>Aviation</strong> Organizationas a result <strong>of</strong> the provisions <strong>of</strong> paragraph (a)above may, after approval by the <strong>General</strong>Assembly <strong>of</strong> the United Nations, be readmittedto the International <strong>Civil</strong> <strong>Aviation</strong> Organizationupon application and upon approval by amajority <strong>of</strong> the Council.* Signed on 27 May, 1947. Came into force on 20 March, 1961As on 30 June, 2003 there were 105 contracting States party to this.India ratified it on 15 December, 1947.
CHAP. I THE CHICAGO CONVENTION, 194426(c) Members <strong>of</strong> the Organization which aresuspended from the exercise <strong>of</strong> the right andprivileges <strong>of</strong> membership in the United Nationsshall, upon the request <strong>of</strong> the latter, besuspended from the rights and privileges <strong>of</strong>membership in this Organization.Article 94Amendment <strong>of</strong> Convention(a) Any proposed amendment to thisConvention must be approved by a two-thirdsvote <strong>of</strong> the Assembly and shall then come int<strong>of</strong>orce in respect <strong>of</strong> States which have ratifiedsuch amendment when ratified by the number<strong>of</strong> contracting States specified by the Assembly.The number so specified shall not be less thantwo-thirds <strong>of</strong> the total number <strong>of</strong> contractingStates.(b) If in its opinion the amendment is <strong>of</strong>such a nature as to justify this course, theAssembly in its resolution recommendingadoption may provide that any State which hasnot ratified within a specified period after theamendment has come into force shall thereuponcease to be a member <strong>of</strong> the Organization anda party to the Convention.Article 95Denunciation <strong>of</strong> Convention(a) Any contracting State may give notice<strong>of</strong> denunciation <strong>of</strong> this Convention three yearsafter its coming into effect by notificationaddressed to the Government <strong>of</strong> the UnitedStates <strong>of</strong> America, which shall at once informeach <strong>of</strong> the contracting States.(b) Denunciation shall take effect one yearfrom the date <strong>of</strong> the receipt <strong>of</strong> the notificationand shall operate only as regards the Stateeffecting the denunciation.CHAPTER XXIIDEFINITIONSArticle 96For the purpose <strong>of</strong> this Convention theexpression:(a) “Air service” means any scheduled airservice performed by aircraft for thepublic transport <strong>of</strong> passengers, mail orcargo.(b) “International air service” means an airservice which passes through the airspace over the territory <strong>of</strong> more thanone State.(c) “Airline” means any air transportenterprise <strong>of</strong>fering or operating aninternational air service.(d) “Stop for non-traffic purposes” meansa landing for any purpose other thantaking on or discharging passengers,cargo or mail.SIGNATURE OF CONVENTIONIN WITNESS WHEREOF, the undersignedplenipotentiaries, having been duly authorized,sign this Convention on behalf <strong>of</strong> theirrespective governments on the dates appearingopposite their signatures.DONE at Chicago the seventh day <strong>of</strong>December 1944, in the English language. A textdrawn up in the English, French and Spanishlanguages, each <strong>of</strong> which shall be <strong>of</strong> equalauthenticity. These texts shall be deposited inthe archives <strong>of</strong> the Government <strong>of</strong> the UnitedStates <strong>of</strong> America, and certified copies shall betransmitted by that Government to thegovernments <strong>of</strong> all the States which may sign oradhere to this Convention. This Conventionshall be open for signature at Washington, D.C. ** This is the text <strong>of</strong> the final paragraph as amended by the 22nd Session <strong>of</strong> theAssembly on 30 September, 1977. It enteredinto force on 17 August, 1999. Under Article 94(a) <strong>of</strong> the Convention, the amended text is in force in respect <strong>of</strong> thoseStates which have ratified the amendment. In respect <strong>of</strong> the States which have not ratified the amendment, the originaltext is still in force and, therefore, that text is reproduced below:“DONE at Chicago the seventh day <strong>of</strong> December, 1944, in the English language. A text drawn up in the English, Frenchand Spanish languages, each <strong>of</strong> which shall be <strong>of</strong> equal authenticity, shall be open for signature at Washington, D.C. Bothtexts shall be deposited in the archives <strong>of</strong> the Government <strong>of</strong> the United States <strong>of</strong> America, and certified copies shall betransmitted by that Government to the governments <strong>of</strong> all the States which may sign or adhere to this Convention.”
27CHAPTER IITHE INTERNATIONAL AIR SERVICESTRANSIT AGREEMENT, 1944
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29THE INTERNATIONAL AIR SERVICES TRANSIT AGREEMENT, 1944Chap. IICHAPTER IITHE INTERNATIONAL AIR SERVICESTRANSIT AGREEMENT *SIGNED AT CHICAGO ON 7TH DECEMBER, 1944The States which sign and accept thisInternational Air Services Transit Agreement,being members <strong>of</strong> the International <strong>Civil</strong><strong>Aviation</strong> Organization, declare as follows :Article ISection 1Each Contracting State grants to the othercontracting States the following freedoms <strong>of</strong>the air in respect <strong>of</strong> scheduled international airservices :(1) The privilege to fly across its territorywithout landing;(2) The privilege to land for non-trafficpurposes.The privileges <strong>of</strong> this section shall not beapplicable with respect to airports utilized formilitary purposes to the exclusion <strong>of</strong> anyscheduled international air services. In areas<strong>of</strong> active hostilities or <strong>of</strong> military occupation,and in time <strong>of</strong> war along the supply routesleading to such areas, the exercise <strong>of</strong> suchprivileges shall be subject to the approval <strong>of</strong>the competent military authorities.Section 2The exercise <strong>of</strong> the foregoing privilegesshall be in accordance with the provisions <strong>of</strong>the Interim Agreement on International <strong>Civil</strong><strong>Aviation</strong> and, when it comes into force, withthe provisions <strong>of</strong> the Convention onInternational <strong>Civil</strong> <strong>Aviation</strong>, both drawn up atChicago on December 7, 1944.Section 3A Contracting State granting to the airlines<strong>of</strong> another Contracting State the privilege tostop for non-traffic purposes may require suchairlines to <strong>of</strong>fer reasonable commercial serviceat the points at which such stops are made.Such requirement shall not involve anydiscrimination between airlines operating onthe same route, shall take into account thecapacity <strong>of</strong> the aircraft, and shall be exercisedin such a manner as not to prejudice the normaloperations <strong>of</strong> the international air servicesconcerned or the rights and obligations <strong>of</strong> aContracting State.Section 4Each Contracting State may, subject to theprovisions <strong>of</strong> this Agreement,(1) designate the route to be followed withinits territory by any international airservice and the airports which any suchservice may use;(2) impose or permit to be imposed on anysuch service just and reasonable chargesfor the use <strong>of</strong> such airports and otherfacilities; these charges shall not behigher than would be paid for the use <strong>of</strong>such airports and facilities by its nationalaircraft engaged in similar internationalservices provided that, upon represen-* The Final Act <strong>of</strong> the International <strong>Civil</strong> <strong>Aviation</strong> Conference (Chicago, 1944) includes, inter alia, the International AirServices Transit Agreement by which non-traffic rights for scheduled services are exchanged multilaterally.As on 30 June, 2002, 118 contracting States are parties to this Agreement.India ratified it on 2 May, 1945
Chap. II THE INTERNATIONAL AIR SERVICES TRANSIT AGREEMENT, 194430tation by an interested Contracting State,the charges imposed for the use <strong>of</strong>airports and other facilities shall besubject to review by the Council <strong>of</strong> theInternational <strong>Civil</strong> <strong>Aviation</strong>Organization established under theabove mentioned Convention, whichshall report and make recommendationsthereon for the consideration <strong>of</strong> the Stateor States concerned.Section 5Each Contracting State reserves the right towithhold or revoke a certificate or permit to anair transport enterprise <strong>of</strong> another State in anycase where it is not satisfied that substantialownership and effective control are vested innationals <strong>of</strong> a Contracting State, or in case <strong>of</strong>failure <strong>of</strong> such air transport enterprise to complywith the laws <strong>of</strong> the State over which it operates,or to perform its obligations under thisAgreement.Article IISection 1A Contracting State which deems that actionby another Contracting State under thisAgreement is causing injustice or hardship toit, may request the Council to examine thesituation. The Council shall thereupon inquireinto the matter, and shall call the Statesconcerned into consultation. Should suchconsultation fail to resolve the difficulty, theCouncil may make appropriate findings andrecommendations to the Contracting Statesconcerned. If thereafter a Contracting Stateconcerned shall in the opinion <strong>of</strong> the Councilunreasonably fail to take suitable correctiveaction, the Council may recommend to theAssembly <strong>of</strong> the above-mentioned Organizationthat such Contracting State be suspended fromits rights and privileges under this Agreementuntil such action has been taken. The Assemblyby a two-thirds vote may so suspend suchContracting State for such period <strong>of</strong> time as itmay deem proper or until the Council shallfind that corrective action has been taken bysuch State.Section 2If any disagreement between two or moreContracting States relating to the interpretationor application <strong>of</strong> this Agreement cannot besettled by negotiation, the provisions <strong>of</strong> ChapterXVIII <strong>of</strong> the above-mentioned Convention shallbe applicable in the same manner as providedtherein with reference to any disagreementrelating to the interpretation or application <strong>of</strong>the above-mentioned Convention.Article IIIThis Agreement shall remain in force aslong as the above-mentioned Convention;provided, however, that any Contracting State,a party to the present Agreement, may denounceit on one year's notice given by it to theGovernment <strong>of</strong> the United States <strong>of</strong> America,which shall at once inform all other contractingStates <strong>of</strong> such notice and withdrawal.Article IVPending the coming into force <strong>of</strong> the abovementioned Convention, all references to itherein, other than those contained in Article II,Section 2, and Article V, shall be deemed to bereferences to the Interim Agreement onInternational <strong>Civil</strong> <strong>Aviation</strong> drawn up atChicago on December 7, 1944; and referencesto the International <strong>Civil</strong> <strong>Aviation</strong> Organization,the Assembly, and the Council shall be deemedto be references to the Provisional International<strong>Civil</strong> <strong>Aviation</strong> Organization, the InterimAssembly, and Interim Council respectively.Article VFor the purposes <strong>of</strong> this Agreement"territory" shall be defined as in Article 2 <strong>of</strong>the above-mentioned Convention.Article VIThe undersigned delegates to theInternational <strong>Civil</strong> <strong>Aviation</strong> Conference,convened in Chicago on November 1, 1944,have affixed their signatures to this Agreementwith the understanding that the Government <strong>of</strong>
31THE INTERNATIONAL AIR SERVICES TRANSIT AGREEMENT, 1944Chap. IIthe United States <strong>of</strong> America shall be informedat the earliest possible date by each <strong>of</strong> thegovernments on whose behalf the Agreementhas been signed whether signature on its behalfshall constitute an acceptance <strong>of</strong> the Agreementby that government and an obligation bindingupon it.Any State a member <strong>of</strong> the International<strong>Civil</strong> <strong>Aviation</strong> Organization may accept thepresent Agreement as an obligation bindingupon it by notification <strong>of</strong> its acceptance to theGovernment <strong>of</strong> the United States, and suchacceptance shall become effective upon thedate <strong>of</strong> the receipt <strong>of</strong> such notification by thatGovernment.This Agreement shall come into force asbetween Contracting States upon its acceptanceby each <strong>of</strong> them. Thereafter it shall becomebinding as to each other State indicating itsacceptance to the Government <strong>of</strong> the UnitedStates on the date <strong>of</strong> the receipt <strong>of</strong> theacceptance by that Government. TheGovernment <strong>of</strong> the United States shall informall signatory and accepting States <strong>of</strong> the date<strong>of</strong> all acceptances <strong>of</strong> the Agreement, and <strong>of</strong> thedate on which it comes into force for eachaccepting State.IN WITNESS WHEREOF, the undersigned havingbeen duly authorized, sign this agreement onbehalf <strong>of</strong> their respective governments on thedates appearing opposite their respectivesignatures.DONE at Chicago the seventh day <strong>of</strong>December, 1944, in the English language. Atext drawn up in the English, French andSpanish languages, each <strong>of</strong> which shall be <strong>of</strong>equal authenticity,* shall be opened forsignature at Washington, D.C. Both texts shallbe deposited in the archives <strong>of</strong> the Government<strong>of</strong> the United States <strong>of</strong> America, and certifiedcopies shall be transmitted by that Governmentto the governments <strong>of</strong> all the States which maysign or accept this Agreement.* The Arrangement was signed in English at the International <strong>Civil</strong> <strong>Aviation</strong> Conference which took place at Chicag<strong>of</strong>rom 1 November to 7 December, 1944. No trilingual text has been opened for signature provided for in the Agreement.
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33CHAPTER IIITHE INTERNATIONAL AIR TRANPORTAGREEMENT, 1944
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35THE INTERNATIONAL AIR TRANSPORT AGREEMENT, 1944Chap. IIICHAPTER IIITHE INTERNATIONAL AIR TRANSPORT AGREEMENT *SIGNED AT CHICAGO ON 7 DECEMBER, 1944The States which sign and accept thisInternational Air Transport Agreement, beingmembers <strong>of</strong> the International <strong>Civil</strong> <strong>Aviation</strong>Organization, declare as follows :Article ISection 1Each contracting State grants to the otherContracting States the following freedoms <strong>of</strong>the air in respect <strong>of</strong> scheduled international airservices:1. The privilege to fly across its territorywithout landing;2. The privilege to land for non-trafficpurposes;3. The privilege to put down passengers,mail and cargo taken on in the territory<strong>of</strong> the State whose nationality the aircraftpossesses;4. The privilege to take on passengers,mail and cargo destined for the territory<strong>of</strong> the State whose nationality the aircraftpossesses;5. The privilege to take on passengers,mail and cargo destined for the territory<strong>of</strong> any other Contracting State and theprivilege to put down passengers, mailand cargo coming from any suchterritory.With respect to the privileges specifiedunder paragraphs (3), (4), and (5) <strong>of</strong> this section,the undertaking <strong>of</strong> each Contracting Staterelates only to through services on a routeconstituting a reasonably, direct line out fromand back to the homeland <strong>of</strong> the State whosenationality the aircraft possesses.The privileges <strong>of</strong> this section shall not beapplicable with respect to airports utilized formilitary purposes to the exclusion <strong>of</strong> anyscheduled international air services. In areas<strong>of</strong> active hostilities or <strong>of</strong> military occupation,and in time <strong>of</strong> war along the supply routesleading to such areas, the exercise <strong>of</strong> suchprivileges shall be subject to the approval <strong>of</strong>the competent military authorities.Section 2The exercise <strong>of</strong> the foregoing privilegesshall be in accordance with the provisions <strong>of</strong>the Interim Agreement on International <strong>Civil</strong><strong>Aviation</strong> and, when it comes into force, withthe provisions <strong>of</strong> the Convention onInternational <strong>Civil</strong> <strong>Aviation</strong>, both drawn up atChicago on December 7, 1944.Section 3A Contracting State granting to the airlines<strong>of</strong> another Contracting State the privilege tostop for non traffic purposes may require suchairlines to <strong>of</strong>fer reasonable commercial serviceat the points at which such stops are made.* The Final Act <strong>of</strong> the International <strong>Civil</strong> <strong>Aviation</strong> Conference (Chicago, 1944) also included the International AirTransport Agreement. This agreement for the multilateral exchange <strong>of</strong> rights came into force in 1945 for 19 States, 8 <strong>of</strong>which subsequently denounced it. One more State has since ratified the Agreement, making a total <strong>of</strong> 12 parties to theAgreement as on 30 June, 2002. India has not ratified this agreement. The text was drawn up in the English languageand no translation has been formally adopted. The French, Spanish and Russian versions have been translated by theICAO Secretariat.
Chap. III THE INTERNATIONAL AIR TRANSPORT AGREEMENT, 194436Such requirement shall not involve anydiscrimination between airlines operating onthe same route, shall take into account thecapacity <strong>of</strong> the aircraft, and shall be exercisedin such a manner as not to prejudice the normaloperations <strong>of</strong> the international air servicesconcerned or the rights and obligations <strong>of</strong> anyContracting State.Section 4Each Contracting State shall have the rightto refuse permission to the aircraft <strong>of</strong> otherContracting States to take on in its territorypassengers, mail and cargo carried forremuneration or hire and destined for anotherpoint within its territory. Each ContractingState undertakes not to enter into anyarrangements which specifically grant any suchprivilege on an exclusive basis to any otherState or an airline <strong>of</strong> any other State, and not toobtain any such exclusive privilege from anyother State.Section 5Each Contracting State may, subject to theprovisions <strong>of</strong> this Agreement,(1) Designate the route to be followedwithin its territory by any internationalair service and the airports which anysuch service may use;(2) Impose or permit to be imposed on anysuch service just and reasonable chargesfor the use <strong>of</strong> such airports and otherfacilities; these charges shall not behigher than would be paid for the use <strong>of</strong>such airports and facilities by its nationalaircraft engaged in similar internationalservices: provided that, uponrepresentation by an interestedContracting State, the charges imposedfor the use <strong>of</strong> airports and other facilitiesshall be subject to review by the Council<strong>of</strong> the International <strong>Civil</strong> <strong>Aviation</strong>Organization established under theabove-mentioned Convention, whichshall report and make recommendationsthereon for the consideration <strong>of</strong> the Stateor States concerned.Section 6Each Contracting State reserves the rightto withhold or revoke a certificate or permit toan air transport enterprise <strong>of</strong> another State inany case where it is not satisfied that substantialownership and effective control are vested innationals <strong>of</strong> a contracting state, or in case <strong>of</strong>failure <strong>of</strong> such air transport enterprise to complywith the laws <strong>of</strong> the State over which it operates,or to perform its obligations under thisAgreement.Article IISection 1The Contracting States accept thisAgreement as abrogating all obligations andunderstandings between them which areinconsistent with its terms, and undertake notto enter into any such obligations andunderstandings. A Contracting State which hasundertaken any other obligations inconsistentwith this Agreement shall take immediate stepsto procure its release from the obligations. Ifan airline <strong>of</strong> any Contracting State has enteredinto any such inconsistent obligations, the State<strong>of</strong> which it is a national shall use its best effortsto secure their termination forthwith and shallin any event cause them to be terminated assoon as such action can lawfully be taken afterthe coming into force <strong>of</strong> this Agreement.Section 2Subject to the provisions <strong>of</strong> the precedingsection, any contracting State may makearrangements concerning international airservices not inconsistent with this Agreement.Any such arrangement shall be forthwithregistered with the Council, which shall makeit public as soon as possible.Article IIIEach Contracting State undertakes that inthe establishment and operation <strong>of</strong> throughservices due consideration shall be given tothe interests <strong>of</strong> the other Contracting States soas not to interfere unduly with their regionalservices or to hamper the development <strong>of</strong> theirthrough services.
Article IVSection IAny Contracting State may by reservationattached to this Agreement at the time <strong>of</strong>signature or acceptance elect not to grant andreceive the rights and obligations <strong>of</strong> Article 1,section 1, paragraph (5), and may at any timeafter acceptance, on six months’ notice givenby it to the Council, withdraw itself from suchrights and obligations. Such Contracting statemay on six months’ notice to the Councilassume or resume, as the case may be, suchrights and obligations. No Contracting Stateshall be obliged to grant any rights under thesaid paragraph to any Contracting State notbound thereby.Section 2A Contracting State which deems that actionby another Contracting State under thisAgreement is causing injustice or hardship toit, may request the Council to examine thesituation. The Council shall thereupon inquireinto the matter, and shall call the Statesconcerned into consultation. Should suchconsultation fail to resolve the difficulty, theCouncil may make appropriate findings andrecommendations to the Contracting Statesconcerned. If thereafter a Contracting Stateconcerned shall in the opinion <strong>of</strong> the Councilunreasonably fail to take suitable correctiveaction, the Council may recommend to theAssembly <strong>of</strong> the above - mentionedOrganisation that such Contracting State besuspended from its rights and privileges underthis Agreement until such action has been taken.The Assembly by a two-thirds vote may sosuspend such Contracting State for such period<strong>of</strong> time as it may deem proper or until theCouncil shall find that corrective action hasbeen taken by such State.Section 3If any disagreement between two or moreContracting States relating to the interpretationor application <strong>of</strong> this Agreement cannot be37THE INTERNATIONAL AIR TRANSPORT AGREEMENT, 1944settled by negotiation, the provisions <strong>of</strong> ChapterXVIII <strong>of</strong> the above-mentioned Convention shallbe applicable in the same manner as providedtherein with reference to any disagreementrelating to the interpretation or application <strong>of</strong>the above-mentioned Convention.ARTICLE VThis Agreement shall remain in force aslong as the above-mentioned Convention;provided, however, that any Contracting State,a party to the present Agreement, may denounceit on one year’s notice given by it to theGovernment <strong>of</strong> the United States <strong>of</strong> America,which shall at once inform all other ContractingStates <strong>of</strong> such notice and withdrawal.Article VIPending the coming into force <strong>of</strong> the abovementionedConvention, all references to itherein other than those contained in ArticleIV, section 3, and Article VII shall be deemedto be references to the Interim Agreement onInternational <strong>Civil</strong> <strong>Aviation</strong> drawn up atChicago on December 7, 1944; and referencesto the International <strong>Civil</strong> <strong>Aviation</strong> Organization,the Assembly, and the Council shall be deemedto be references to the Provisional International<strong>Civil</strong> <strong>Aviation</strong> Organization, the InterimAssembly, and the Interim Council,respectively.Article VIIFor the purposes <strong>of</strong> this Agreement,“territory” shall be defined as in Article 2 <strong>of</strong>the above-mentioned Convention.Article VIIIChap. IIISignatures and Acceptances <strong>of</strong> AgreementThe undersigned Delegates to theInternational <strong>Civil</strong> <strong>Aviation</strong> Conference,convened in Chicago on November 1, 1944,have affixed their signatures to this Agreementwith the understanding that the Government <strong>of</strong>the United States <strong>of</strong> America shall be informedat the earliest possible date <strong>of</strong> each <strong>of</strong> the
Chap. III THE INTERNATIONAL AIR TRANSPORT AGREEMENT, 194438governments on whose behalf the Agreementhas been signed whether signature on its behalfshall constitute an acceptance <strong>of</strong> the Agreementby that government and an obligation bindingupon it.Any State a member <strong>of</strong> the International<strong>Civil</strong> <strong>Aviation</strong> Organization may accept thepresent Agreement as an obligation bindingupon it by notification <strong>of</strong> its acceptance to theGovernment <strong>of</strong> the United States, and suchacceptance shall become effective upon thedate <strong>of</strong> the receipt <strong>of</strong> such notification by thatGovernment.This Agreement shall come into force asbetween Contracting States upon its acceptanceby each <strong>of</strong> them. Thereafter it shall becomebinding as to each other State indicating itsacceptance to the Government <strong>of</strong> the UnitedStates on the date <strong>of</strong> the receipt <strong>of</strong> theacceptance by that Government. TheGovernment <strong>of</strong> the United States shall informall signatory and accepting States <strong>of</strong> the date<strong>of</strong> all acceptances <strong>of</strong> the Agreement, and <strong>of</strong> thedate on which it comes into force for eachaccepting State.
39CHAPTER IVTHE PROTOCOL ON THE AUTHENTIC TRILINGUALTEXT OF THE CONVENTION ON INTERNATIONALCIVIL AVIATION, 1944SIGNED AT BUENOS AIRES ON 24 SEPTEMBER, 1968
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THE PROTOCOL ON THE AUTHENTIC TRILINGUAL TEXT OF THE CONVENTION ON INTERNATIONAL CIVIL AVIATION, 196841CHAP. IVCHAPTER IVTHE PROTOCOL ON THE AUTHENTIC TRILINGUALTEXT OF THE CONVENTION ON INTERNATIONALCIVIL AVIATION (CHICAGO, 1944) *SIGNED AT BUENOS AIRES ON 24 SEPTEMBER, 1968THE UNDERSIGNED GOVERNMENTSCONSIDERING that the last paragraph <strong>of</strong> theConvention on International <strong>Civil</strong> <strong>Aviation</strong>,hereinafter called “the Convention”, providesthat a text <strong>of</strong> the Convention, drawn up in theEnglish, French and Spanish languages, each<strong>of</strong> which shall be <strong>of</strong> equal authenticity, shall beopen for signature;CONSIDERING that the Convention was openedfor signature, at Chicago, on the seventh day <strong>of</strong>December 1944, in a text in the Englishlanguage;CONSIDERING, accordingly, that it isappropriate to make the necessary provisionfor the text to exist in three languages ascontemplated in the Convention;CONSIDERING that in making such provision,it should be taken into account that there existamendments to the Convention in the English,French and Spanish languages, and that thetext <strong>of</strong> the Convention in the French andSpanish languages should not incorporate thoseamendments because, in accordance withArticle 94(a) <strong>of</strong> the Convention, each suchamendment can come into force only in respect<strong>of</strong> any State which has ratified it;HAVE AGREED as follows:Article IThe text <strong>of</strong> the Convention in the Frenchand Spanish languages annexed to thisProtocol, together with the text <strong>of</strong> theConvention in the English language, constitutesthe text equally authentic in the three languagesas specifically referred to in the last paragraph<strong>of</strong> the Convention.Article IIIf a State party to this Protocol has ratifiedor in the future ratifies any amendment madeto the Convention in accordance with Article94(a) there<strong>of</strong>, then the text <strong>of</strong> such amendmentin the English, French and Spanish languagesshall be deemed to refer to the text, equallyauthentic in the three languages, which resultsfrom this Protocol.Article III(1) The States members <strong>of</strong> the International<strong>Civil</strong> <strong>Aviation</strong> Organization may becomeparties to this Protocol either by:(a) signature without reservation as toacceptance, or(b) signature with reservation as toacceptance followed by acceptance, or(c) acceptance.(2) This Protocol shall remain open forsignature at Buenos Aires until the twentyseventh day <strong>of</strong> September 1968 and thereafterat Washington, D.C.* Came into force on 24 October 1968.As on 30 June, 2002 there were 146 parties to it.India ratified it on 29 December, 1969.
42CHAP. IV THE PROTOCOL ON THE AUTHENTIC TRILINGUAL TEXT OF THE CONVENTION ON INTERNATIONAL CIVIL AVIATION, 1968(3) Acceptance shall be effected by thedeposit <strong>of</strong> an instrument <strong>of</strong> acceptance withthe Government <strong>of</strong> the United States <strong>of</strong>America.(4) Adherence to or ratification or approval<strong>of</strong> this Protocol shall be deemed to beacceptance there<strong>of</strong>.Article IV(1) This Protocol shall come into force onthe thirtieth day after twelve States shall, inaccordance with the provisions <strong>of</strong> Article III,have signed it without reservation as toacceptance or accepted it.(2) As regards any State which shallsubsequently become a party to this Protocol,in accordance with Article III, the Protocolshall come into force on the date <strong>of</strong> its signaturewithout reservation as to acceptance or <strong>of</strong> itsacceptance.Article VAny future adherence <strong>of</strong> a State to theConvention shall be deemed to be acceptance<strong>of</strong> this Protocol.Article VIAs soon as this Protocol comes into force,it shall be registered with the United Nationsand with the International <strong>Civil</strong> <strong>Aviation</strong>Organization by the Government <strong>of</strong> the UnitedStates <strong>of</strong> America.Article VII(1) This Protocol shall remain in force solong as the Convention is in force.(2) This Protocol shall cease to be in forcefor a State only when that State ceases to be aparty to the Convention.Article VIIIThe Government <strong>of</strong> the United States <strong>of</strong>America shall give notice to all States members<strong>of</strong> the International <strong>Civil</strong> <strong>Aviation</strong> Organizationand to the Organization itself :(a) <strong>of</strong> any signature <strong>of</strong> this Protocol and thedate there<strong>of</strong>, with an indication whetherthe signature is with or withoutreservation as to acceptance;(b) <strong>of</strong> the deposit <strong>of</strong> any instrument <strong>of</strong>acceptance and the date there<strong>of</strong>;(c) <strong>of</strong> the date on which this Protocol comesinto force in accordance with theprovisions <strong>of</strong> Article IV, paragraph 1.Article IXThis Protocol, drawn up in the English,French and Spanish languages, each text beingequally authentic, shall be deposited in thearchives <strong>of</strong> the Government <strong>of</strong> the United States<strong>of</strong> America, which shall transmit duly certifiedcopies there<strong>of</strong> to the Government <strong>of</strong> the Statesmembers <strong>of</strong> the International <strong>Civil</strong> <strong>Aviation</strong>Organization.IN WITNESS WHEREOF, the undersignedPlenipotentiaries, duly authorized, have signedthis Protocol.DONE AT Buenos Aires this twenty-fourthday <strong>of</strong> September, one thousand nine hundredand sixty-eight.
43CHAPTER VTHE PROTOCOL ON THE AUTHENTICQUADRILINGUAL TEXT OF THE CONVENTION ONINTERNATIONAL CIVIL AVIATION, 1968SIGNED AT MONTREAL ON 30 SEPTEMBER, 1977
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45THE PROTOCOL ON THE AUTHENTIC QUADRILINGUAL TEXT OF THE CONVENTION ON INTERNATIONAL CIVIL AVIATION, 1977CHAP. VCHAPTER VTHE PROTOCOL ON THE AUTHENTIC QUADRILINGUALTEXT OF THE CONVENTION ON INTERNATIONALCIVIL AVIATION (CHICAGO, 1944) *SIGNED AT MONTREAL ON 30 SEPTEMBER, 1977THE UNDERSIGNED GOVERNMENTSCONSIDERING that the 21st Session <strong>of</strong> theAssembly <strong>of</strong> the International <strong>Civil</strong> <strong>Aviation</strong>Organization requested the Council <strong>of</strong> thisOrganization “to undertake the necessarymeasures for the preparation <strong>of</strong> the authentictext <strong>of</strong> the Convention on International <strong>Civil</strong><strong>Aviation</strong> in the Russian language, with the aim<strong>of</strong> having it approved not later than the year1977”;CONSIDERING that the English text <strong>of</strong> theConvention on International <strong>Civil</strong> <strong>Aviation</strong> wasopened for signature at Chicago on 7thDecember 1944;CONSIDERING that, pursuant to the Protocolsigned at Buenos Aireson 24 September 1968on the authentic trilingual text <strong>of</strong> theConvention on International <strong>Civil</strong> <strong>Aviation</strong>done at Chicago, 7 December 1944, the text <strong>of</strong>the Convention on International <strong>Civil</strong> <strong>Aviation</strong>(hereinafter called the Convention) was adoptedin the French and Spanish languages and,together with the text <strong>of</strong> the Convention in theEnglish language, consititutes the text equallyauthentic in the three languages as providedfor in the final clause <strong>of</strong> the ConventionCONSIDERING, accordingly, that it isappropriate to make the necessary provisionfor the text <strong>of</strong> the Convention to exist in theRussian language;CONSIDERING that in making such provisionaccount must be taken <strong>of</strong> the existingamendments to the Convention in the English,French and Spanish languages, the texts <strong>of</strong>which are equally authentic and that, accordingto Article 94(a) <strong>of</strong> the Convention, anyamendment can come into force only in respect<strong>of</strong> any State which has ratified it;HAVE AGREED as follows:Article IThe text <strong>of</strong> the Convention and <strong>of</strong> theamendments thereto in the Russian languageannexed to this Protocol, together with the text<strong>of</strong> the Convention and <strong>of</strong> the amendmentsthereto in English, French and Spanishlanguages, constitutes the text equally authenticin the four languages.Article IIIf a State party to this Protocol has ratifiedor in the future ratifies any amendment madeto the Convention in accordance with Article94(a) there<strong>of</strong>, then the text <strong>of</strong> such amendmentin the Russian, English, French and Spanishlanguages shall be deemed to refer to the textequally authentic in the four languages, whichresults from this Protocol.Article III1. The States members <strong>of</strong> the International<strong>Civil</strong> <strong>Aviation</strong> Organization may becomeparties to this Protocol either by:* Came into force on 16 September, 1999.As on 30 June, 2003 there were 77 contracting States party to it this.India ratified it on 31 January, 1985.
46CHAP. V THE PROTOCOL ON THE AUTHENTIC QUADRILINGUAL TEXT OF THE CONVENTION ON INTERNATIONAL CIVIL AVIATION, 1977(a) signature without reservation as toacceptance, or(b) signature with reservation as toacceptance followed by acceptance, or(c) acceptance.2. This Protocol shall remain open forsignature at Montreal until the 5th <strong>of</strong> October1977 and thereafter at Washington, D.C.3. Acceptance shall be effected by thedeposit <strong>of</strong> an instrument <strong>of</strong> acceptance withthe Government <strong>of</strong> the United States <strong>of</strong>America.4. Adherence to or ratification or approval<strong>of</strong> this Protocol shall be deemed to beacceptance there<strong>of</strong>.Article IV1. This Protocol shall come into force onthe thirtieth day after twelve States shall, inaccordance with the provisions <strong>of</strong> Article III,have signed it without reservation as toacceptance or accepted it and after entry int<strong>of</strong>orce <strong>of</strong> the amendment to the final clause <strong>of</strong>the Convention, which provides that the text<strong>of</strong> the Convention in the Russian language is<strong>of</strong> equal authenticity.2. As regards any State which shallsubsequently become a party to this Protocol,in accordance with Article III, the Protocolshall come into force on the date <strong>of</strong> its signaturewithout reservation as to acceptance or <strong>of</strong> itsacceptance.Article VAny future adherence <strong>of</strong> a State to theConvention after this Protocol has entered int<strong>of</strong>orce shall be deemed to be acceptance <strong>of</strong> thisProtocol.Article VIAcceptance by a State <strong>of</strong> this Protocol shallnot be regarded as ratification by it <strong>of</strong> anyamendment to this Convention.Article VIIAs soon as this Protocol comes into force,it shall be registered with the United Nationsand with the International <strong>Civil</strong> <strong>Aviation</strong>Organization by the Government <strong>of</strong> the UnitedStates <strong>of</strong> America.Article VIII1. This Protocol shall remain in force solong as the Convention is in force.2. This Protocol shall cease to be in forcefor a State only when that State ceases to be aparty to the Convention.Article IXThe Government <strong>of</strong> the United States <strong>of</strong>America shall give notice to all States members<strong>of</strong> the International <strong>Civil</strong> <strong>Aviation</strong> Organizationand to the Organization itself :(a) <strong>of</strong> any signature <strong>of</strong> this Protocol and thedate there<strong>of</strong>, with an indication whetherthe signature is with or withoutreservation as to acceptance;(b) <strong>of</strong> the deposit <strong>of</strong> any instrument <strong>of</strong>acceptance and the date there<strong>of</strong>;(c) <strong>of</strong> the date on which this Protocol comesinto force in accordance with theprovisions <strong>of</strong> Article IV, paragraph 1.Article XThis Protocol, drawn up in the English,French, Russian and Spanish languages, eachtext being equally authentic, shall be depositedin the archives <strong>of</strong> the Government <strong>of</strong> the UnitedStates <strong>of</strong> America, which shall transmit dulycertified copies there<strong>of</strong> to the Government <strong>of</strong>the States members <strong>of</strong> the International <strong>Civil</strong><strong>Aviation</strong> Organization.IN WITNESS WHEREOF, the undersignedPlenipotentiaries, duly authorized, have signedthis Protocol.DONE AT Montreal this thirtieth day <strong>of</strong>September, one thousand nine hundred andseventy-seven.
47CHAPTER VICONVENTION FOR THE UNIFICATION OF CERTAIN RULESRELATING TO INTERNATIONAL CARRIAGE BY AIRSIGNED AT WARSAW ON 12TH OCTOBER, 1929(THE WARSAW CONVENTION , 1929)
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49THE WARSAW CONVENTION, 1929CHAP. VICHAPTER VICONVENTION FOR THE UNIFICATIONOF CERTAIN RULES RELATING TOINTERNATIONAL CARRIAGE BY AIR*SIGNED AT WARSAW ON 12TH OCTOBER, 1929(THE WARSAW CONVENTION , 1929)CHAPTER ISCOPE—DEFINITIONSArticle 11. This Convention applies to allinternational carriage <strong>of</strong> persons, luggage orgoods performed by aircraft for reward. Itapplies equally to gratuitous carriage by aircraftperformed by an air transport undertaking.2. For the purposes <strong>of</strong> this Convention theexpression “international carriage” means anycarriage in which, according to the contractmade by the parties, the place <strong>of</strong> departure andthe place <strong>of</strong> destination, whether or not therebe a break in the carriage or a transshipment,are situated either within the territories <strong>of</strong> twoHigh Contracting Parties, or within the territory<strong>of</strong> single High Contracting Party, if there is anagreed stopping place within a territory subjectto the sovereignty, suzerainty, mandate orauthority <strong>of</strong> another Power, even though thatPower is not a party to this Convention. Acarriage without such an agreed stopping placebetween territories subject to the sovereignty,suzerainty, mandate or authority <strong>of</strong> the sameHigh Contracting Party is not deemed to beinternational for the purposes <strong>of</strong> thisConvention.3. A carriage to be performed by severalsuccessive air carriers is deemed, for thepurposes <strong>of</strong> this Convention, to be oneundivided carriage, if it has been regarded bythe parties as a single operation, whether it had* This Convention came into force on 13 February,1933.As on 30 June, 2003 there were 157 States party to it.been agreed upon under the form <strong>of</strong> a singlecontract or <strong>of</strong> a series <strong>of</strong> contracts, and it doesnot lost its international character merelybecause one contract or a series <strong>of</strong> contracts isto be performed entirely within a territorysubject to the sovereignty, suzerainty, mandateor authority <strong>of</strong> the same High Contracting Party.Article 21. This Convention applies to carriageperformed by the State or by legally constitutedpublic bodies provided it falls within theconditions laid down in Article 1.2. This Convention does not apply tocarriage performed under the terms <strong>of</strong> anyinternational postal Convention.CHAPTER IIDOCUMENTS OF CARRIAGESection 1 – Passenger TicketArticle 31. For the carriage <strong>of</strong> passengers the carriermust deliver a passenger ticket which shallcontain the following particulars:—(a) the place and date <strong>of</strong> issue;(b) the place <strong>of</strong> departure and <strong>of</strong> destination;(c) the agreed stopping places, providedthat the carrier may reserve the right toalter the stopping places in case <strong>of</strong>necessity, and that if he exercises thatright, the alteration shall not have the
CHAP. VI THE WARSAW CONVENTION, 192950effect <strong>of</strong> depriving the carriage <strong>of</strong> itsinternational character;(d) the name and address <strong>of</strong> the carrier <strong>of</strong>carriers;(e) a statement that the carriage is subjectto the rules relating to liabilityestablished by this Convention.2. The absence, irregularity or loss <strong>of</strong> thepassenger ticket does not affect the existenceor the validity <strong>of</strong> the contract <strong>of</strong> carriage, whichshall none the less be subject to the rules <strong>of</strong>this Convention. Nevertheless, if the carrieraccepts a passenger without a passenger tickethaving been delivered he shall not be entitledto avail himself <strong>of</strong> those provisions <strong>of</strong> thisConvention which exclude or limit his liability.Section 2 – Luggage TicketArticle 41. For the carriage <strong>of</strong> luggage, other thansmall personal objects <strong>of</strong> which the passengertakes charge himself, the carrier must deliver aluggage ticket.2. The luggage ticket shall be made out induplicate, one part for the passenger and theother part for the carrier.3. The luggage ticket shall contain thefollowing particulars :–(a) the place and date <strong>of</strong> issue;(b) the place <strong>of</strong> departure and <strong>of</strong> destination;(c) the name and address <strong>of</strong> the carrier orcarriers;(d) the number <strong>of</strong> the passenger ticket;(e) a statement that delivery <strong>of</strong> the luggagewill be made to the bearer <strong>of</strong> the luggageticket;(f) the number and weight <strong>of</strong> the packages;(g) the amount <strong>of</strong> the value declared inaccordance with Article 22(2);(h) a statement that the carriage is subjectto the rules relating to liabilityestablished by this Convention.4. The absence, irregularity or loss <strong>of</strong> theluggage ticket does not affect the existence orthe validity <strong>of</strong> the contract <strong>of</strong> carriage, whichshall none the less be subject to the rules <strong>of</strong>this Convention. Nevertheless, if the carrieraccepts luggage without a luggage ticket havingbeen delivered, or if the luggage ticket doesnot contain the particulars set at (d), (f) and(h) above, the carriers shall not be entitled toavail himself <strong>of</strong> those provisions <strong>of</strong> theConvention which exclude or limit his liability.Section 3 – Air Consignment NoteArticle 51. Every carrier <strong>of</strong> goods has the right torequire the consignor to make out and handover to him a document called an “airconsignment note”; every consignor has theright to require the carrier to accept thisdocument.2. The absence, irregularity or loss <strong>of</strong> thisdocument does not affect the existence or thevalidity <strong>of</strong> the contract <strong>of</strong> carriage whichshall, subject to the provisions <strong>of</strong> Article 9, benone the less governed by the rules <strong>of</strong> thisConvention.Article 61. The air consignment note shall be madeout by the consignor in three original partsand be handed over with the goods.2. This first part shall be marked “for thecarrier”, and shall be signed by the consignor.The second part shall be marked “for theconsignee; it shall be signed by the consignorand by the carrier and shall accompany thegoods. The third part shall be signed by thecarrier and handed by him to the consignorafter the goods have been accepted.3. The carrier shall sign on acceptance <strong>of</strong>goods.4. The signature <strong>of</strong> the carrier may bestamped; that <strong>of</strong> the consignor may be printedor stamped.5. If, at the request <strong>of</strong> the consignor, thecarrier makes out the air consignment note, heshall be deemed, subject to pro<strong>of</strong> to thecontrary, to have done so on behalf <strong>of</strong> theConsignor.
Article 7The carrier <strong>of</strong> goods has the right to requirethe consignor to make out separateconsignments notes when there is more thanone package.Article 8The air consignment note shall contain thefollowing particulars:–(a) the place and date <strong>of</strong> its execution;(b) the place <strong>of</strong> departure and <strong>of</strong> destination;(c) the agreed stopping places, providedthat the carrier may reserve the right toalter the stopping places in case <strong>of</strong>necessity, and that if he exercises thatright the alteration shall not have theeffect <strong>of</strong> depriving the carriage <strong>of</strong> itsinternational character;(d) the name and address <strong>of</strong> the consignor;(e) the name and address <strong>of</strong> the first carrier;(f) the name and address <strong>of</strong> the consignee,if the case so requires;(g) the nature <strong>of</strong> the goods;(h) the number <strong>of</strong> the packages, the method<strong>of</strong> packing and the particular marks ornumber upon them;(i) the weight, the quantity and the volumeor dimensions <strong>of</strong> the goods;(j) the apparent condition <strong>of</strong> the goods and<strong>of</strong> the packing;(k) the freight, if it has been agreed upon,the date and place <strong>of</strong> payment, and theperson who is to pay it;(l) if the goods are sent for payment ondelivery, the price <strong>of</strong> the goods, and, ifthe case so requires, the amount <strong>of</strong> theexpenses incurred;(m) the amount <strong>of</strong> the value declared inaccordance with Article 22(2);(n) the number <strong>of</strong> parts <strong>of</strong> the airconsignment note;(o) the documents handed to the carrier toaccompany the air consignment note;51THE WARSAW CONVENTION, 1929(p) the time fixed for the completion <strong>of</strong> thecarriage and a brief note <strong>of</strong> the route tobe followed, if these matters have beenagreed upon;(q) a statement that the carriage is subjectto the rules relating to liabilityestablished by this Convention.Article 9If the carrier accepts goods without an airconsignment note having been made out, or ifthe air consignment note does not contain allthe particulars set out in Article 8(a) to (i)inclusive and (q), the carrier shall not beentitled to avail himself <strong>of</strong> the provisions <strong>of</strong>this Convention which exclude or limit hisliability.Article 101. The consignor is responsible for thecorrectness <strong>of</strong> the particulars and statementsrelating to the goods which he inserts in the airconsignment note.2. The consignor will be liable for alldamage suffered by the carrier or any otherperson by reason <strong>of</strong> the irregularityincorrectness or in-completeness <strong>of</strong> the saidparticulars and statements.Article 11CHAP. VI1. The air consignment note is prima facieevidence <strong>of</strong> the conclusion <strong>of</strong> the contract, <strong>of</strong>the receipt <strong>of</strong> the goods and <strong>of</strong> the conditions<strong>of</strong> carriage.2. The statement in the air consignmentnote relating to the weight, dimensions andpacking <strong>of</strong> the goods, as well as those relatingto the number <strong>of</strong> packages, are prima facieevidence <strong>of</strong> the facts stated; those relating tothe quantity, volume and condition <strong>of</strong> the goodsdo not constitute evidence against the carrierexcept so far as they both have been, and arestated in the air consignment note to havebeen, checked by him in the presence <strong>of</strong> theconsignor, or relate to the apparent condition<strong>of</strong> the goods.
CHAP. VI THE WARSAW CONVENTION, 1929Article 121. Subject to his liability to carry out allhis obligations under the contract <strong>of</strong> carriage,the consignor has the right to dispose <strong>of</strong> thegoods by withdrawing them at the aerodrome<strong>of</strong> departure or destination, or by stoppingthem in the course <strong>of</strong> the journey on any landing,or by calling for them to be delivered at theplace <strong>of</strong> destination or in the course <strong>of</strong> thejourney to a person other than the consigneenamed in the air consignment note, or byrequiring them to be returned to the aerodrome<strong>of</strong> departure. He must not exercise this right <strong>of</strong>disposition in such a way as to prejudice thecarrier occasioned by the exercise <strong>of</strong> this right.2. If it is impossible to carry out theorders <strong>of</strong> the consignor the carrier must soinform him forth with.3. If the carrier obeys the orders <strong>of</strong> theconsignor for, the disposition <strong>of</strong> the goodswithout requiring the production <strong>of</strong> the part <strong>of</strong>the air consignment note delivered to the latter,he will be liable, without prejudice to his right<strong>of</strong> recovery from the consignor, for any damagewhich may be caused thereby to any personwho is lawfully in possession <strong>of</strong> that part <strong>of</strong> airconsignment note.4. The right conferred on the consignorceases at the moment when that <strong>of</strong> the consigneebegins in accordance with Article 13.Nevertheless, if the consignee declines toaccept the consignment note or the goods, orif he cannot be communicated with, theconsignor resumes his right <strong>of</strong> disposition.Article 131. Except in the circumstances set out inthe preceding Article, the consignee is entitled,on arrival <strong>of</strong> the goods at the place <strong>of</strong> destinationto require the carrier to hand over to him theair consignment note and to deliver the goodsto him, on payment <strong>of</strong> the charges due and oncomplying with the conditions <strong>of</strong> carriage setout in the air consignment note.2. Unless it is otherwise agreed, it is theduty <strong>of</strong> the carrier to give notice to theconsignee as soon as the goods arrive.523. If the carrier admits the loss <strong>of</strong> thegoods, or if the goods have not arrived at theexpiration <strong>of</strong> seven days after the date on whichthey ought to have arrived, the consignee isentitled to put into force against the carrier theright which flow from the contract <strong>of</strong> carriage.Article 14The consignor and the consignee canrespectively enforce all the rights given themby Article 12 and 13, each in his own name,whether he is acting in his own interest or inthe interest <strong>of</strong> another, provided that he carriesout the obligations imposed by the contract.Article 151. Article 12, 13 and 14 do not affect eitherthe relations <strong>of</strong> the consignor or the consigneewith each other or the mutual relations <strong>of</strong> thirdparties whose rights are derived either fromthe consignor or from the consignee.2. The provisions <strong>of</strong> Article 12,13 and 14can only be varied by express provision in theair consignment note.Article 161. The consignor must furnish suchinformation and attach to the air consignmentnote such document as are necessary to meetthe formalities <strong>of</strong> customs, octroi or policebefore the goods can be delivered to theconsignee. The consignor is liable to the carrierfor any damage occasioned by the absence,insufficiency or irregularity <strong>of</strong> any suchinformation or documents unless the damageis due to the fault <strong>of</strong> the carrier or his agents.2. The carrier is under no obligation toenquire into the correctness or sufficiency <strong>of</strong>such information or documents.CHAPTER IIILIABILITY OF THE CARRIERArticle 17The carrier is liable for damage sustainedin the event <strong>of</strong> the death or wounding <strong>of</strong> apassenger <strong>of</strong> any other bodily injury sufferedby a passenger, if the accident which caused
the damage so sustained took place on boardthe aircraft or in the course <strong>of</strong> any <strong>of</strong> theoperations <strong>of</strong> embarking or disembarking.Article 181. The carrier is liable for damage sustainedin the event <strong>of</strong> the destruction or loss <strong>of</strong>, or <strong>of</strong>damage to, any registered luggage or anygoods, if the occurrence which caused thedamage so sustained took place during thecarriage by air.2. The carriage by air within the meaning<strong>of</strong> the preceding paragraph comprises the periodduring which the luggage or goods are incharge <strong>of</strong> the carrier, whether in an aerodromeor on board an aircraft, or, in the case <strong>of</strong> alanding outside an aerodrome, in any placewhatsoever.3. The period for the carriage by air doesnot extend to any carriage by land, by sea or byriver performed outside an aerodrome. If,however, such a carriage takes place in theperformance <strong>of</strong> a contract for carriage by air,for the purpose <strong>of</strong> loading, delivery ortransshipment, any damage is presumed, subjectto pro<strong>of</strong> to the contrary, to have been the result<strong>of</strong> an event which took place during the carriageby air.Article 19The carrier is liable for damage occasionedby delay in the carriage by air <strong>of</strong> passengers,luggage or goods.Article 201. The carrier is not liable if he proves thathe and his agents have taken all necessarymeasures to avoid the damage or that it wasimpossible for him or them to take suchmeasures.2. In the carriage <strong>of</strong> goods and luggagethe carrier is not liable if he proves that thedamage was occasioned by negligent pilotageor negligence in the handling <strong>of</strong> the aircraft orin navigation and that in all other respects, heand his agents have taken all necessarymeasures to avoid the damage.53THE WARSAW CONVENTION, 1929Article 21If the carrier proves that the damage wascaused by or contributed to by the negligence<strong>of</strong> the injured person the Court may, inaccordance with the provisions <strong>of</strong> its ownlaw, exonerate the carrier wholly or partlyfrom his liability.Article 221. In the carriage <strong>of</strong> passengers the liability<strong>of</strong> the carrier for each passenger is limited tothe sum <strong>of</strong> 125,000 francs. Where, inaccordance with the law <strong>of</strong> the Court seised <strong>of</strong>the case, damages may be awarded in the form<strong>of</strong> periodical payments, the equivalent capitalvalue <strong>of</strong> the said payments shall not exceed125,000 francs. Nevertheless, by specialcontract, the carrier and the passenger may,agree to a higher limit <strong>of</strong> liability.2. In the carriage <strong>of</strong> registered luggageand <strong>of</strong> goods, the liability <strong>of</strong> the carrier islimited to a sum <strong>of</strong> 250 francs per kilogram,unless the consignor has made, at the timewhen the package was handed over to thecarrier, a special declaration <strong>of</strong> the value atdelivery and has paid a supplementary sum ifthe case so require on that case the carrier willbe liable to pay a sum not exceeding the declaredsum unless he proves that that sum is greaterthan the actual value to the consignor atdelivery.3. As regard objects <strong>of</strong> which thepassenger takes charge himself the liability <strong>of</strong>the carrier is limited to 5,000 francs perpassenger.4. The sums mentioned above shall bedeemed to refer to the French francs consisting<strong>of</strong> 65½ milligrams gold <strong>of</strong> millesimal fineness900. These sums may be converted into anynational currency in round figures.Article 23CHAP. VIAny provision tending to relieve the carrier<strong>of</strong> liability or to fix a lower limit than thatwhich is laid down in this Convention shall benull and void, but the nullity <strong>of</strong> any suchprovision does not involve the nullity <strong>of</strong> the
CHAP. VI THE WARSAW CONVENTION, 192954whole contract, which shall remain subject tothe provisions <strong>of</strong> this Convention.Article 241. In the cases covered by Article 18 and19 any action for damages, however founded,can only be brought subject to the conditionsand limits set out in this Convention.2. In the cases covered by Article 17 theprovisions <strong>of</strong> the preceding paragraph alsoapply, without prejudice to the questions as towho are the person who have the right to bringsuit and what are their respective right.Article 251. The carrier shall not be entitled to availhim self <strong>of</strong> the provisions <strong>of</strong> this Conventionwhich exclude or limit his liability, if thedamage is caused by his wilful misconduct orby such default on his part as, in accordancewith the law <strong>of</strong> the Court seized <strong>of</strong> the case, isconsidered to be equivalent to wilfulmisconduct.2. Similarly the carrier shall not be entitledto avail himself <strong>of</strong> the said provision, if thedamage is caused as aforesaid by any agent <strong>of</strong>the carrier acting within the scope <strong>of</strong> hisemployment.Article 261. Receipt by the person entitled to delivery<strong>of</strong> luggage or goods without complaint is primafacie evidence that the same have beendelivered in good condition and in accordancewith the document <strong>of</strong> carriage.2. In the case <strong>of</strong> damage, the person entitledto delivery must complain to the carrierforthwith after the discovery <strong>of</strong> the damage,and, at the latest, within three days from thedate <strong>of</strong> receipt in the case <strong>of</strong> luggage andseven days from the date <strong>of</strong> receipt in the case<strong>of</strong> goods. In the case <strong>of</strong> delay the complaintmust be made at the latest within fourteen daysfrom the date on which the luggage or goodshave been placed at his disposal.3. Every complaint must be made in writingupon the document <strong>of</strong> carriage or by separatenotice in writing despatched within the timesaforesaid.4. Failing complaint within the timesaforesaid no action shall lie against the carrier,save in the case <strong>of</strong> fraud on his part.Article 27In the case <strong>of</strong> the death <strong>of</strong> the person liable,an action for damages lies in accordance withthe terms <strong>of</strong> this Convention against thoselegally representing his estate.ARTICLE 281. An action for damages must be brought,at the option <strong>of</strong> the plaintiff, in the territory <strong>of</strong>one <strong>of</strong> the High Contracting Parties, eitherbefore the Court having jurisdiction where thecarrier is ordinarily resident, or has his principalplace <strong>of</strong> business, or has an establishment bywhich the contract has been made or before theCourt having jurisdiction at the place <strong>of</strong>destination.2. Questions <strong>of</strong> procedure shall begoverned by the law <strong>of</strong> the Court seised <strong>of</strong> thecase.Article 291. The right to damages shall beextinguished if an action is not brought withintwo years, reckoned from the date <strong>of</strong> arrival atthe destination, or from the date on which theaircraft ought to have arrived, or from the dateon which the carriage stopped.2. The method <strong>of</strong> calculating the period <strong>of</strong>limitation shall be determined by the law <strong>of</strong> theCourt seised <strong>of</strong> case.Article 301. In the case <strong>of</strong> carriage to be performedby various successive carriers and falling withinthe definition set out in the third paragraph <strong>of</strong>Article 1, each carrier who accepts passengers,luggage or goods is subjected to the rules setout in this Convention <strong>of</strong> the contracting partiesto the contract <strong>of</strong> carriage in so far as thecontract deals with that part <strong>of</strong> the carriagewhich is performed under his supervision.
55THE WARSAW CONVENTION, 1929CHAP. VI2. In the case <strong>of</strong> carriage <strong>of</strong> this nature, thepassenger or his representative can take actiononly against the carrier who performed thecarriage during which the accident or the delayoccurred, save in the case where, by expressagreement, the first carrier has assured liabilityfor the whole journey.3. As regards luggage or goods, thepassenger or consignor will have a right <strong>of</strong>action against the first carrier, and the passengeror consignee who is entitled to delivery willhave a right <strong>of</strong> action against the last carrier,and further, each may take action against thecarrier who performed the carriage duringwhich the destruction, loss, damage or delaytook place. These carriers will be jointly andseverally liable to the passenger or to theconsignor or consignee.CHAPTER IVPROVISIONS RELATING TOCOMBINED CARRIAGEArticle 311. In the case <strong>of</strong> combined carriageperformed partly by air and partly by any othermode <strong>of</strong> carriage, the provisions <strong>of</strong> thisConvention apply only to the carriage by air,provided that the carriage by air falls withinthe terms <strong>of</strong> Article 1.2. Nothing in this Convention shall preventthe parties in the case <strong>of</strong> combined carriagefrom inserting in the document <strong>of</strong> air carriageconditions relating to other modes <strong>of</strong> carriage,provided that the provisions <strong>of</strong> this Conventionare observed as regards the carriage by air.CHAPTER VGENERAL AND FINALPROVISIONSArticle 32Any clause contained in the contract andall special agreements entered into before thedamage occurred by which the parties purportto infringe the rules laid down by thisConvention, whether by deciding the law to beapplied, or by altering the rules as tojurisdiction, shall be null and void. Neverthelessfor the carriage <strong>of</strong> goods arbitration clausesare allowed, subject to this Convention, if thearbitration is to take place within one <strong>of</strong> thejurisdictions referred to in the first paragraph<strong>of</strong> Article 28.Article 33Nothing contained in this Convention shallprevent the carrier either from refusing to enterinto any contract <strong>of</strong> carriage, or from makingregulations which do not conflict with theprovisions <strong>of</strong> the Convention.Article 34This Convention does not apply tointernational carriage by air performed by way<strong>of</strong> experimental trial by air navigationundertakings with the view to the establishment<strong>of</strong> a regular line <strong>of</strong> air navigation, nor does itapply to carriage performed in extraordinarycircumstances outside the normal scope <strong>of</strong> anair carrier’s business.Article 35The expression “days” when used in theConvention means current days not workingdays.Article 36The Convention is drawn up in French in asingle copy which shall remain deposited inthe archives <strong>of</strong> the Ministry for Foreign Affairs<strong>of</strong> Poland and <strong>of</strong> which one duly certified copyshall be sent by the Polish Government to theGovernment <strong>of</strong> each <strong>of</strong> the High ContractingParties.Article 371. This Convention shall be ratified. Theinstruments <strong>of</strong> ratification shall be depositedin the archives <strong>of</strong> the Ministry for ForeignAffairs <strong>of</strong> Poland, which will notify the depositto the Government <strong>of</strong> each <strong>of</strong> the HighContracting Parties.2. As soon as this Convention shall havebeen ratified by five <strong>of</strong> the High Contracting
CHAP. VI THE WARSAW CONVENTION , 192956Parties it shall come into force as betweenthem on the ninetieth day after the deposit <strong>of</strong>the fifth ratification. Thereafter it shall comeinto force between the High Contracting Partieswho shall have ratified and the High ContractingParty who deposits his instrument <strong>of</strong> ratificationon the ninetieth day after the deposit.3. It shall be the duty <strong>of</strong> the Governmentthe Republic <strong>of</strong> Poland to notify to theGovernment <strong>of</strong> each <strong>of</strong> the High ContractingParties the date on which this Convention comesinto force as well as the date <strong>of</strong> the deposit <strong>of</strong>each ratification.Article 381. This Convention shall, after it has comeinto force, remain open for accession by anyState.2. The accession shall be effected by anotification addressed to the Government <strong>of</strong>the Republic <strong>of</strong> Poland, which will inform theGovernment <strong>of</strong> each <strong>of</strong> the High ContractingParties there<strong>of</strong>.3. The accession shall take effect as fromthe ninetieth day after the notification made tothe Government <strong>of</strong> the Republic <strong>of</strong> Poland.Article 391. Any one <strong>of</strong> the High Contracting Partiesmay denounce this Convention by a notificationaddressed to the Government <strong>of</strong> the Republic<strong>of</strong> Poland, which will at once inform theGovernment <strong>of</strong> each <strong>of</strong> the High ContractingParties.2. Denunciation shall take effect sixmonths after the notification <strong>of</strong> denunciation,and shall operate only as regards the Party whoshall have proceeded to denunciation.Article 401. Any High Contracting Party may, at thetime <strong>of</strong> signature or <strong>of</strong> deposit <strong>of</strong> ratificationor <strong>of</strong> accession declare that the acceptancewhich he gives to this Convention does notapply to all or any <strong>of</strong> his colonies, protectorates,territories under mandate or any other territorysubject to his sovereignty or his authority, orany territory under his suzerainty.2. Accordingly any High Contracting Partymay subsequently accede separately in the name<strong>of</strong> all or any or his colonies, protectorates,territories under mandate or any other territorysubject to his sovereignty or to his authority orany territory under his suzerainty which hasbeen thus excluded by his original declaration.3. Any High Contracting Party maydenounce this Convention, in accordance withits provisions, separately or for all or any <strong>of</strong> hiscolonies, protectorates, territories undermandate or any other territory subject to hissovereignty or to his authority, or any otherterritory under his suzerainty.Article 41Any High Contracting Party shall be entitlednot earlier than two years after the coming int<strong>of</strong>orce <strong>of</strong> this Convention to call for theassembling <strong>of</strong> a new international Conferencein order to consider any improvements whichmay be made in this Convention. To this endhe will communicate with the Government <strong>of</strong>the French Republic which will take thenecessary measures to make preparations forsuch Conference.This Convention done at Warsaw on the12th October, 1929, shall remain open forsignature until the 31st January, 1930.ADDITIONAL PROTOCOL(With reference <strong>of</strong> Article 2)The High Contracting Parties reserve tothemselves the right to declare at the time <strong>of</strong>ratification or <strong>of</strong> accession that the firstparagraph <strong>of</strong> Article 2 <strong>of</strong> this Conventionshall not apply to international carriage by airperformed directly by the State, its colonies,protectorates or mandated territories by anyother territory under its sovereignty, suzerainty<strong>of</strong> authority.
57CHAPTER VIITHE PROTOCOL SIGNED AT THE HAGUE ON28TH SEPTEMBER, 1955 TO AMEND THE CONVENTIONFOR THE UNIFICATION OF CERTAIN RULES RELATINGTO INTERNATIONAL CARRIAGE BY AIRSIGNED AT WARSAW ON 12 OCTOBER, 1929(THE HAGUE PROTOCOL, 1955)
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59THE HAGUE PROTOCOL, 1955CHAP. VIICHAPTER VIITHE PROTOCOL SIGNED AT THE HAGUE ON 28THSEPTEMBER, 1955 TO AMEND THE CONVENTION FORTHE UNIFICATION OF CERTAIN RULES RELATING TOINTERNATIONAL CARRIAGE BY AIRSIGNED AT WARSAW ON 12 OCTOBER, 1929THE GOVERNMENTS UNDERSIGNEDCONSIDERING that it is desirable to amendthe Convention for the Unification <strong>of</strong> CertainRules Relating to International Carriage by Airsigned at Warsaw on 12 October,HAVE AGREED as follows:CHAPTER IAMENDMENTS TO THECONVENTIONArticle IArticle 1 <strong>of</strong> the Convention —(THE HAGUE PROTOCOL, 1955) *(a) paragraph 2 shall be deleted and replacedby the following:—“2. For the purpose <strong>of</strong> this Convention, theexpression international carriage means anycarriage in which, according to the agreementbetween the parties, the place <strong>of</strong> departure andthe place <strong>of</strong> destination, whether or not therebe a break in the carriage or a transshipment,are situated either within the territories <strong>of</strong> twoHigh Contracting Parities or within the territory<strong>of</strong> a single High Contracting Party if there is anagreed stopping place within the territory <strong>of</strong>another State, even if that State is not a HighContracting Party. Carriage between two pointswithin the territory <strong>of</strong> a single High Contracting* Treaty Series No.11 (1933), Cmd. 4284. Entered into force on 1 January, 1963As on 30 June, 2002 there were 133 States party to it.India has ratified itParty without an agreed stopping place withinthe territory <strong>of</strong> another State is not internationalcarriage for the purposes <strong>of</strong> this Convention.”(b) paragraph 3 shall be deleted and replacedby the following:—“3. Carriage to be performed by severalsuccessive air carriers is deemed, for thepurposes <strong>of</strong> this Convention, to be oneundivided carriage if it has been regarded bythe parties as a single operation, whether it hadbeen agreed upon under the form <strong>of</strong> a singlecontract or <strong>of</strong> a series <strong>of</strong> contracts, and it doesnot lose its international character merelybecause one contract or a series <strong>of</strong> contracts isto be performed entirely within the territory <strong>of</strong>the same State.”Article IIIn Article 2 <strong>of</strong> the Convention —paragraph 2 shall be deleted and replacedby the following:—“2. This Convention shall not apply tocarriage <strong>of</strong> mail and postal packages.”Article IIIIn Article 3 <strong>of</strong> the Convention —(a) paragraph 1 shall be deleted and replacedby the following :—
CHAP. VII THE HAGUE PROTOCOL, 195560“1. In respect <strong>of</strong> the carriage <strong>of</strong> passengersa ticket shall be delivered containing:(a) an indication <strong>of</strong> the places <strong>of</strong> departureand destination;(b) if the places <strong>of</strong> departure and destinationare within the territory <strong>of</strong> a single HighContracting Party, one or more agreedstopping places being within the territory<strong>of</strong> another State, an indication <strong>of</strong> atleast one such stopping place;(c) a notice to the effect that, if thepassenger’s journey involves an ultimatedestination or stop in a country otherthan the country <strong>of</strong> departure, theWarsaw Convention may be applicableand that the Convention governs and inmost cases limits the liability <strong>of</strong> carriersfor death or personal injury and inrespect <strong>of</strong> loss <strong>of</strong> or damage to baggage”.(b) paragraph 2 shall be deleted and replacedby the following:—“2. The passenger ticket shall constituteprima facie evidence <strong>of</strong> the conclusionand conditions <strong>of</strong> the contract <strong>of</strong> carriage.The absence, irregularity or loss <strong>of</strong> thepassenger ticket does not affect theexistence or the validity <strong>of</strong> the contract<strong>of</strong> carriage which shall, none the less, besubject to the rules <strong>of</strong> this Convention.Nevertheless, if with the consent <strong>of</strong> thecarrier, the passenger embarks without apassenger ticket having been delivered,or if the ticket does no include the noticerequired by paragraph 1(c) <strong>of</strong> this Article,the carrier shall not be entitled to availhim-self <strong>of</strong> the provisions <strong>of</strong> Article 22.”Article IVIn Article 4 <strong>of</strong> the Convention —(a) paragraphs 1,2 and 3 shall be deletedand replaced by the following :—“1. In respect <strong>of</strong> the carriage <strong>of</strong> registeredbaggage, a baggage check shall be delivered,which, unless combined with or incorporatedin a passenger ticket which complies with theprovison <strong>of</strong> Article 3, paragraph 1, shall contain:(a) an indication <strong>of</strong> the places <strong>of</strong> departureand destination;(b) if the places <strong>of</strong> departure and destinationare within the territory <strong>of</strong> a single HighContracting Party, one or more agreedstopping places being within the territory<strong>of</strong> another State, an indication <strong>of</strong> atleast one such stopping place;(c) a notice to the effect that, if the carriageinvolves an ultimate destination or stopin a country other than the country <strong>of</strong>departure, the Warsaw Convention maybe applicable and that the Conventiongoverns and in most cases limits theliability <strong>of</strong> carriers in respect <strong>of</strong> loss <strong>of</strong>or damage to baggage.”(b) paragraph 4 shall be deleted and replacedby the following :—“2. The baggage check shall constituteprima facie evidence <strong>of</strong> the registration<strong>of</strong> the baggage and <strong>of</strong> the conditions<strong>of</strong> the contract <strong>of</strong> carriage. The absence,irregularity or loss <strong>of</strong> the baggage checkdoes not affect the existence orthe validity <strong>of</strong> the contract <strong>of</strong> carriagewhich shall, none the less, be subject tothe rules <strong>of</strong> this Convention.Nevertheless, if the carrier takes charge<strong>of</strong> the baggage without a baggage checkhaving been delivered or if the baggagecheck (unless combined with orincorporated in the passenger ticketwhich complies with the provisions <strong>of</strong>Article 3, paragraph 1(c) does notinclude the notice required by paragraph1(c) <strong>of</strong> this Article, he shall not beentitled to avail himself <strong>of</strong> the provisions<strong>of</strong> Article 22, paragraph 2.”Article VIn Article 6 <strong>of</strong> the Convention —paragraph 3 shall be deleted and replacedby the following :—“3. The carrier shall sign prior to the loading<strong>of</strong> the cargo on board the aircraft.”
Article VIArticle 8 <strong>of</strong> the Convention shall be deletedand replaced by the following:—“The air way bill shall contain;(a) an indication <strong>of</strong> the places <strong>of</strong> departureand destination;(b) if the places <strong>of</strong> departure and destinationare within the territory <strong>of</strong> a single HighContracting Party, one or more agreedstopping places being within the territory<strong>of</strong> another State, an indication <strong>of</strong> atleast one such stopping place;(c) a notice to the consignor to the effectthat, if the carriage involves an ultimatedestination or stop in a country otherthan the country <strong>of</strong> departure, theWarsaw Convention may be applicableand that the Convention governs and inmost cases limits the liability <strong>of</strong> carriersin respects <strong>of</strong> loss <strong>of</strong> or damage tocargo.”Article VIIArticle 9 <strong>of</strong> the Convention shall be deletedand replaced by the following:—“If, with the consent <strong>of</strong> the carrier, cargois loaded on board the aircraft without anair waybill having been made out, or ifthe air waybill does not include the noticerequired by Article 8, paragraph (c), thecarrier shall not be entitled to avail himself<strong>of</strong> the previsions <strong>of</strong> Article 22, paragraph2.”Article VIIIIn Article 10 <strong>of</strong> the Convention —paragraph 2 shall be deleted and replacedby the following :—“2. The consignor shall indemnify thecarrier against all damage suffered byhim, or any other person to whom thecarrier is liable, by reason <strong>of</strong> theirregularity, incorrectness orincompleteness <strong>of</strong> the particulars andstatements furnished by the consignor.”61THE HAGUE PROTOCOL, 1955Article IXTo Article 15 <strong>of</strong> the Convention —the following paragraph shall be added:—“3. Nothing in this Convention preventsthe issue <strong>of</strong> a negotiable air waybill.”Article XParagraph 2 <strong>of</strong> Article 20 <strong>of</strong> the Conventionshall be deleted.Article XIArticle 22 <strong>of</strong> the Convention shall be deletedand replaced by the following :—“Article 22CHAP. VII1. In the carriage <strong>of</strong> persons the liability <strong>of</strong>the carrier for each passenger is limitedto the sum <strong>of</strong> two hundred and fiftythousand francs. Where, in accordancewith the law <strong>of</strong> court seised <strong>of</strong> the case,damages may be awarded in the form <strong>of</strong>periodical payments, the equivalentcapital value <strong>of</strong> the said payment shallnot exceed two hundred and fiftythousand francs. Nevertheless, byspecial contract, the carrier and thepassenger may agree to a higher limit <strong>of</strong>liability.2.(a) In the carriage <strong>of</strong> registered baggageand <strong>of</strong> cargo, the liability <strong>of</strong> the carrieris limited to a sum <strong>of</strong> two hundred andfifty francs per kilogram, unless thepassenger or consignor has made, at thetime when the package was handed overto the carrier, a special declaration <strong>of</strong>interest in delivery at destination andhas paid a supplemen-tary sum if thecase so requires. In that case the carrierwill be liable to pay a sum not exceedingthe declared sum, unless he proves thatsum is greater than the passenger’s orconsignor’s actual interest in deliveryat destination.(b) In the case <strong>of</strong> loss, damage or delay <strong>of</strong>part <strong>of</strong> registered baggage or cargo, or<strong>of</strong> any object contained therein, the
CHAP. VII THE HAGUE PROTOCOL, 1955weight to be taken into consideration indetermining the amount to which thecarrier’s liability is limited shall be onlythe total weight <strong>of</strong> the package orpackages concerned. Nevertheless,when the loss, damage or delay <strong>of</strong> a part<strong>of</strong> the registered baggage or cargo, or <strong>of</strong>an object contained therein, affects thevalue <strong>of</strong> other packages covered by thesame baggage check or the same airwaybill, the total weight <strong>of</strong> such packageor packages shall also be taken intoconsideration in determining the limit<strong>of</strong> liability.3. As regards objects <strong>of</strong> which thepassenger takes charge himself theliability <strong>of</strong> the carrier is limited theliability <strong>of</strong> the carrier is limited to fivethousand francs per passenger.4. The limits prescribed in this article shallnot prevent the court from awarding, inaccordance with its own law, in addition,the whole <strong>of</strong> part <strong>of</strong> the court costs and<strong>of</strong> the other expenses <strong>of</strong> the litigationincurred by the plaintiff. The foregoingprovision shall not apply if the amount<strong>of</strong> the damages awarded, excluding courtcosts and other expenses <strong>of</strong> the litigation,does not exceed the sum which thecarrier has <strong>of</strong>fered in writing to theplaintiff within a period <strong>of</strong> six monthsfrom the date <strong>of</strong> the occurrence causingthe damage, or before thecommencement <strong>of</strong> the action, if that islater.5. The sums mentioned in francs in thisArticle shall be deemed to refer to acurrency unit consisting <strong>of</strong> sixty-fiveand a half milligrams <strong>of</strong> gold <strong>of</strong>millesimal fineness nine hundred. Thesesums may be converted into nationalcurrencies in round figures. Conversion<strong>of</strong> the sums into national currenciesother than gold shall, in case <strong>of</strong> judicialproceedings be made according to thegold value <strong>of</strong> such currencies at the date<strong>of</strong> the judgment.”62Article XIIIn Article 23 <strong>of</strong> the Convention, the existingprovision shall be renumbered as paragraph 1and another paragraph shall be added asfollows:—“2. Paragraph 1 <strong>of</strong> this Article shall notapply to provisions governing loss ordamage resulting from the inherentdefect, quality or vice <strong>of</strong> the cargocarried.”Article XIIIIn Article 25 <strong>of</strong> the Convention —Paragraphs 1 and 2 shall be deleted andreplaced by the following:—“The limits <strong>of</strong> liability specified inArticle 22 shall not apply if it is provedthat the damage resulted from an act oromission <strong>of</strong> the carrier, his servants oragents, done with intent to cause damageor recklessly and with knowledge thatdamage would probably result: providedthat, in the case <strong>of</strong> such act or omission<strong>of</strong> a servant or agent, it is also provedthat he was acting within the scope <strong>of</strong>his employment.”Article XIVAfter Article 25 <strong>of</strong> the Convention, thefollowing article shall be inserted :—“Article 25 A1. If an action is brought against a servantor agent <strong>of</strong> the carrier arising out <strong>of</strong>damage to which this Conventionrelates, such servant or agent, if heproves that he acted within the scope <strong>of</strong>his employment, shall be entitled to availhimself <strong>of</strong> the limits <strong>of</strong> liability whichthat carrier himself is entitled to invokeunder Article 22.2. The aggregate <strong>of</strong> the amountsrecoverable from the carrier, his servantsand agents, in that case, shall not exceedthe said limits.
63THE HAGUE PROTOCOL, 1955CHAP. VII3. The provisions <strong>of</strong> paragraphs 1 and 2 <strong>of</strong>this article shall not apply if it is provedthat article shall not apply if it is provedthat the damage resulted from an act oromission <strong>of</strong> the servant or agent donewith intent to cause damage or recklesslyand with knowledge that damage wouldprobably result.”Article XVIn Article 26 <strong>of</strong> the Convention —paragraph 2 shall be deleted and replacedby the following :—“2. In the case <strong>of</strong> damage, the person entitledto delivery must complain to the carrierforthwith after the discovery <strong>of</strong> thedamage, and, at the latest, within sevendays from the date <strong>of</strong> receipt in the case<strong>of</strong> baggage and fourteen days from thedate <strong>of</strong> receipt in the case <strong>of</strong> cargo. Inthe case <strong>of</strong> delay the complaint , mustbe made at the latest within twenty-onedays from the date on which the baggageor cargo have been placed at hisdisposal.”Article XVIArticle 34 <strong>of</strong> the Convention shall be deletedand replaced by the following:—“The provisions <strong>of</strong> Article 3 to 9inclusive relating to documents <strong>of</strong>carriage shall not apply in the case <strong>of</strong>carriage performed in extra ordinarycircumstances outside the normal scope<strong>of</strong> an air carrier’s business.”Article XVIIAfter Article 40 <strong>of</strong> the Convention, thefollowing Article shall be inserted:—“Article 40 A1. In Article 37, paragraph 2 and Article40, paragraph 1, the expression HighContracting Party shall mean State. Inall other cases, the expression HighContracting Party shall mean a Statewhose ratification <strong>of</strong> or adherence tothe Convention has become effectiveand whose denunciation there<strong>of</strong> has notbecome effective.2. For the purpose <strong>of</strong> the Convention theword territory means not only themetropolitan territory <strong>of</strong> State but alsoall other territories for the foreignrelations <strong>of</strong> which that State isresponsible.”CHAPTER IISCOPE OF APPLICATION OFTHE CONVENTION ASAMENDEDArticle XVIIIThe Convention as amended by this Protocolshall apply to international carriage as definedin Article 1 <strong>of</strong> the Convention, provided thatthe places <strong>of</strong> departure and destination referredto in that Article are situated either in theterritories <strong>of</strong> two parties to this Protocol orwithin the territory <strong>of</strong> a single party to thisProtocol with an agreed stopping place withinthe territory <strong>of</strong> an other State.CHAPTER IIIFINAL CLAUSESArticle XIXAs between the Parties to this Protocol, theConvention and the Protocol shall be read andinterpreted together as one single instrumentand shall be known as the Warsaw Conventionas amended at The Hague, 1955.Article XXUntil the date on which this Protocol comesinto force in accordance with the provisions <strong>of</strong>Article XXII, paragraph 1, it shall remain openfor signature on behalf <strong>of</strong> any State which upto that date has ratified or adhered to theConvention or which has participated in theConference at which this Protocol was adopted.Article XXI1. This Protocol shall be subject toratification by the signatory States.
CHAP. VII THE HAGUE PROTOCOL, 1955642. Ratification <strong>of</strong> this Protocol by any Statewhich is not a Party to the Convention shallhave the effect <strong>of</strong> adherence to the Conventionas amended by this Protocol.3. The instruments <strong>of</strong> ratification shall bedeposited with the Government <strong>of</strong> the People’sRepublic <strong>of</strong> Poland.Article XXII1. As soon as thirty signatory States havedeposited their instruments <strong>of</strong> ratification <strong>of</strong>this Protocol, it shall come into force betweenthem on the ninetieth day after the deposit <strong>of</strong>the thirtieth instrument <strong>of</strong> ratification * . It shallcome into force for each State ratifyingthereafter on the ninetieth day after the deposit<strong>of</strong> its instrument <strong>of</strong> ratification.2. As soon as this Protocol comes int<strong>of</strong>orce it shall be registered with the UnitedNations by the Government <strong>of</strong> the People’sRepublic <strong>of</strong> Poland.Article XXIII1. This Protocol shall, after it has come int<strong>of</strong>orce, be open for adherence by any nonsignatoryState.2. Adherence to this Protocol by any Statewhich is not a Party to the Convention shallhave the effect <strong>of</strong> adherence to the Conventionas amended by this Protocol.3. Adherence shall be effected by thedeposit <strong>of</strong> an instrument <strong>of</strong> adherence with theGovernment <strong>of</strong> the People’s Republic <strong>of</strong> Polandand shall take effect on the ninetieth day afterthe deposit.Article XXIV1. Any Party to this Protocol may denouncethe Protocol by notification addressed to theGovernment <strong>of</strong> the People’s Republic <strong>of</strong>Poland.2. Denunciation shall take effect six monthsafter the date <strong>of</strong> receipt by the Government <strong>of</strong>the People’s Republic <strong>of</strong> Poland <strong>of</strong> thenotification <strong>of</strong> denunciation.3. As between <strong>of</strong> Parties to this Protocol,denunciation by any <strong>of</strong> them <strong>of</strong> the Conventionin accordance with Article 39 there<strong>of</strong> shall notbe construed in any way as a denunciation <strong>of</strong>the Convention as amended by this Protocol.Article XXV1. This Protocol shall apply to all territoriesfor the foreign relations <strong>of</strong> which a State Partyto this Protocol is responsible, with theexception <strong>of</strong> territories in respect <strong>of</strong> which adeclaration has been made in accordance withparagraph 2 <strong>of</strong> this Article.2. Any State may, at the time <strong>of</strong> deposit <strong>of</strong>its instrument <strong>of</strong> ratification or adherence,declare that its acceptance <strong>of</strong> this Protocoldoes not apply to any one or more <strong>of</strong> theterritories for the foreign relations <strong>of</strong> whichsuch State is responsible.3. Any State may subsequently, bynotification to the Government <strong>of</strong> the people’sRepublic <strong>of</strong> Poland, extend to application <strong>of</strong>this Protocol to any or all <strong>of</strong> the territoriesregarding which it has made a declaration inaccordance with paragraph 2 <strong>of</strong> this Article.The notification shall take effect on the ninetiethday after its receipt by that Government.4. Any State Party to this Protocol maydenounce it, in accordance with the provisions<strong>of</strong> Article XXIV, paragraph 1, separately forany or all <strong>of</strong> the territories for the foreignrelations <strong>of</strong> which such State is responsible.Article XXVINo reservation may be made to this Protocolexcept that a State may at any time declare bynotification addressed to the Government <strong>of</strong>the People’s Republic <strong>of</strong> Poland that theConvention as amended by this Protocol shallnot apply to the carriage <strong>of</strong> persons, cargo andbaggage for its military authorities on aircraft,registered in that State, the whole capacity <strong>of</strong>which has been reserved by or on behalf <strong>of</strong>such authorities.* The protocol came into force on 1 August, 1963.
Article XXVIIThe Government <strong>of</strong> the People’s Republic<strong>of</strong> Poland shall give immediate notice to theGovernments <strong>of</strong> all States signatories to theConvention or this Protocol, all States Partiesto the Convention or this Protocol, and allStates Members <strong>of</strong> the International <strong>Civil</strong><strong>Aviation</strong> Organization or <strong>of</strong> the United Nationsand to the International <strong>Civil</strong> <strong>Aviation</strong>Organization:(a) <strong>of</strong> any signature <strong>of</strong> this Protocol andthe date there<strong>of</strong>;(b) <strong>of</strong> the deposit <strong>of</strong> any instrument orratification or adherence in respect <strong>of</strong>this Protocol and the date there<strong>of</strong>;(c) <strong>of</strong> the date on which this protocol comesinto force in accordance with ArticleXXII, paragraph I;(d) <strong>of</strong> the receipt <strong>of</strong> any notification <strong>of</strong>denunciation and the date there<strong>of</strong>;(e) <strong>of</strong> the receipt <strong>of</strong> any declaration ornotification made under Article XXVand the date there<strong>of</strong>; and65THE HAGUE PROTOCOL, 1955CHAP. VII(f) <strong>of</strong> the receipt <strong>of</strong> any notification madeunder Article XXVI and the date there<strong>of</strong>.In WITNESS WHEREOF the undersignedPlenipotentiaries, having been duly authorized,have signed this Protocol.DONE at The Hague on the twenty-eighthday <strong>of</strong> the month <strong>of</strong> September <strong>of</strong> the year oneThousand Nine Hundred and Fifty-five, in threeauthenitic texts in the English, French andSpanish languages. In the case <strong>of</strong> anyinconsistency, the text in the French language,in which language the Convention was drawnup, shall prevail.This Protocol shall be deposited with theGovernment <strong>of</strong> the People's Republic <strong>of</strong> Polandwith which, in accordance with Article XX, itshall remain open for signature, and thatGovernment shall send certified copies there<strong>of</strong>to the Government <strong>of</strong> all States signatories tothe Convention or this Protocol, all StatesParties to the Convention or this Protocol, andall States Members <strong>of</strong> the International <strong>Civil</strong><strong>Aviation</strong> Organization or <strong>of</strong> the United Nations,and to the International <strong>Civil</strong> <strong>Aviation</strong>Organization.
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67CHAPTER VIIITHE PROTOCOL SIGNED AT GUATEMALA CITY ON8TH MARCH, 1971, TO AMEND THE CONVENTIONFOR THE UNIFICATION OF CERTAIN RULES RELATING TOINTERNATIONAL CARRIAGE BY AIR SIGNED AT WARSAWON 12 OCTOBER, 1929 AS AMENDED BY THE PROTOCOLDONE AT THE HAGUE ON 28 SEPTEMBER, 1955(THE GUATEMALA CITY PROTOCOL, 1971)
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69THE GUATEMALA CITY PROTOCOL, 1971CHAP. VIIICHAPTER VIIITHE PROTOCOL SIGNED AT GUATEMALA CITY ON8TH MARCH, 1971, TO AMEND THE CONVENTIONFOR THE UNIFICATION OF CERTAIN RULESRELATING TO INTERNATIONAL CARRIAGE BY AIRSIGNED AT WARSAW ON 12 OCTOBER, 1929 ASAMENDED BY THE PROTOCOL DONE ATTHE HAGUE ON 28 SEPTEMBER, 1955 *(THE GUATEMALA CITY PROTOCOL, 1971)THE GOVERNMENTS UNDERSIGNEDConsidering that it is desirable to amendthe Convention for the Unification <strong>of</strong> CertainRules Relating to International Carriage by Airsigned at Warsaw on 12 October 1929 asamended by the Protocol done at The Hagueon 28 September 1955.Have agreed as follows:CHAPTER IAMENDMENTS TO THECONVENTIONArticle IThe Convention which the provision <strong>of</strong> thepresent Chapter modify is the WarsawConvention as amended at The Hague in 1955.Article IIArticle 3 <strong>of</strong> the Convention shall be deletedand replaced by the following :—“Article 31. In respect <strong>of</strong> the carriage <strong>of</strong> passengersan individual or collective document <strong>of</strong>carriage shall be delivered containing:(a) an indication <strong>of</strong> the places <strong>of</strong> departureand destination;(b) if the places <strong>of</strong> departure and destinationare within the territory <strong>of</strong> a single HighContracting Party, one or more agreedstopping places being within theterritory <strong>of</strong> another State, an indication<strong>of</strong> at least one such stopping place.2. Any other means which would preservea record <strong>of</strong> the information indicated in (a)and (b) <strong>of</strong> the foregoing paragraph may besubstituted for the delivery <strong>of</strong> the documentreferred to in that paragraph.3. Non-compliance with the provisions <strong>of</strong>the foregoing paragraphs shall not affect theexistence or the validity <strong>of</strong> the contract <strong>of</strong>carriage, which shall, none the less, be subjectto the rules <strong>of</strong> this Convention including thoserelating to limitation <strong>of</strong> liability.”Article IIIArticle 4 <strong>of</strong> the Convention shall be deletedand replaced by following :—“Article 41. In respect <strong>of</strong> the carriage <strong>of</strong> checkedbaggage, a baggage check shall be delivered,* This Convention is not in force. There are 30 ratifications are required to come in force.As on 30 June, 2003 only 7 ratifications have been recieved.India has not ratified it
CHAP. VIII THE GUATEMALA CITY PROTOCOL, 197170which, unless combined with or incorporatedin a document <strong>of</strong> carriage, which complieswith the provisions <strong>of</strong> Article 3, paragraph 1,shall contain:(a) an indication <strong>of</strong> the places <strong>of</strong> departureand destination;(b) if the places <strong>of</strong> departure and destinationare within the territory <strong>of</strong> a single HighContracting Party, one or more agreedstopping places being within the territory<strong>of</strong> another State, an indication <strong>of</strong> atleast one such stopping place.2. Any other means which would preservea record <strong>of</strong> the information indicated in (a) and(b) <strong>of</strong> the forgoing paragraph may be substitutedfor the delivery <strong>of</strong> the baggage check referredto in that paragraph.(3) Non-compliance with the provisions <strong>of</strong>the foregoing paragraphs shall not affect theexistence or the validity <strong>of</strong> the contract <strong>of</strong>carriage, which shall, none the less, be subjectto the rules <strong>of</strong> this Convention including thoserelating to limitation <strong>of</strong> liability.”Article IVArticle 17 <strong>of</strong> the Convention shall be deletedand replaced by the following :-“Article 171. The carrier is liable for damage sustainedin case <strong>of</strong> death or personal injury <strong>of</strong> a passengerupon condition only that the event which causedthe death or injury took place on board theaircraft or in the course <strong>of</strong> any <strong>of</strong> the operations<strong>of</strong> embarking or disembarking. However, thecarrier is not liable if the death or injury resultedsolely from the state <strong>of</strong> health <strong>of</strong> the passenger.2. The carrier is liable for damage sustainedin case <strong>of</strong> destruction or loss <strong>of</strong>, or <strong>of</strong> damageto, baggage upon condition only that the eventwhich caused the destruction, loss or damagetook place on board the aircraft or in the course<strong>of</strong> any <strong>of</strong> the operations <strong>of</strong> embarking ordisembarking or during any period within whichthe baggage was in charge <strong>of</strong> the carrier.However, the carrier is not liable if the damageresulted solely from the inherent defect, qualityor vice <strong>of</strong> the baggage.3. Unless otherwise specified in thisConvention the term “baggage” means bothchecked baggage and objects carried by thepassenger.”Article VIn Article 18 <strong>of</strong> the Convention, paragraphs1 and 2 shall be deleted and replaced by thefollowing :—“1. The carrier is liable for damage sustainedin the event <strong>of</strong> the destruction or loss <strong>of</strong>, or <strong>of</strong>damage to, any cargo, if the occurrence whichcaused the damage so sustained took placeduring the carriage by air.2. The carriage by air within the meaning<strong>of</strong> the preceding paragraph comprises theperiod during which the cargo is in charge <strong>of</strong>the carrier, whether in an airport or on boardan aircraft, or, in the case <strong>of</strong> a landing outsidean airport, in any place whatsoever.”Article VIArticle 20 <strong>of</strong> the Convention shall be deletedand replaced by the following:—“Article 201. In the carriage <strong>of</strong> passengers and baggagethe carrier shall not be liable for damageoccasioned by delay if he proves that he andhis servants and agents have taken all necessarymeasures to avoid the damage or that it wasimpossible for them to take such measures.2. In the carriage <strong>of</strong> cargo the carrier shallnot be liable for damage resulting fromdestruction, loss, damage or delay if he provesthat he and his servants and agents have takenall necessary measures to avoid the damage orthat it was impossible for them to take suchmeasures.”Article VIIArticle 21 <strong>of</strong> the Convention shall be deletedand replaced by the following :—
71THE GUATEMALA CITY PROTOCOL, 1971CHAP. VIII“Article 21If the carrier proves that the damage wascaused or contributed to by the negligence orother wrongful act or omission <strong>of</strong> the personclaiming compensation the carrier shall bewholly or partly exonerated from his liabilityto such person to the extent that such negligenceor wrongful act or omission caused orcontributed to the damage. When by reason <strong>of</strong>the death or injury if a passenger compensationis claimed by a person other than the passenger,the carrier shall likewise be wholly or partlyexonerated from his liability to the extent thathe proves that the damage was caused orcontributed to by his negligence or otherwrongful act or omission <strong>of</strong> that passenger.”Article VIIIArticle 22 <strong>of</strong> the Convention shall be deletedand replaced by the following:–“Article 221. (a) In the carriage <strong>of</strong> persons the liability<strong>of</strong> the carrier is limited to the sum <strong>of</strong> onemillions five hundred thousand francs for theaggregate <strong>of</strong> the claims, however founded, inrespect <strong>of</strong> damage suffered as a result <strong>of</strong> thedeath or personal injury <strong>of</strong> each passenger.Where, in accordance with the law <strong>of</strong> the courtseised <strong>of</strong> the case, damages maybe awarded inthe form <strong>of</strong> periodic payments, the equivalentcapital value <strong>of</strong> the said payments shall notexceed one million five hundred thousandfrancs.(b) In the case <strong>of</strong> delay in the carriage <strong>of</strong>persons the liability <strong>of</strong> the carrier for eachpassenger is limited to sixty two thousandfive hundred francs.(c) In the carriage <strong>of</strong> baggage the liability<strong>of</strong> the carrier in the case <strong>of</strong> destruction, loss,damage or delay is limited to fifteen thousandfrancs for each passenger.2. (a) In the carriage <strong>of</strong> cargo, the liability<strong>of</strong> the carrier is limited to a sum <strong>of</strong> twohundred and fifty francs per kilogram, unlessthe consignor has made, at the time when thepackage was handed over to the carrier, aspecial declaration <strong>of</strong> interest in delivery atdestination and has paid a supplementary sumif the case so requires. In that case the carrierwill be liable to pay a sum not exceeding thedeclared sum, unless he proves that sum isgreater than the consignor’s actual interest indelivery at destination.(b) In the case <strong>of</strong> loss, damage or delay <strong>of</strong>part <strong>of</strong> the cargo, or <strong>of</strong> any object containedtherein, the weight to be taken into considerationin determining the amount to which the carrier’sliability is limited shall be only the total weight<strong>of</strong> the package or packages concerned.Nevertheless, when the loss, damage or delay<strong>of</strong> a part <strong>of</strong> the cargo, or <strong>of</strong> an object containedtherein, affects the value <strong>of</strong> other packagescovered by the same air waybill, the total weight<strong>of</strong> such package or packages shall also be takeninto consideration in determining the limit <strong>of</strong>liability.3. (a) The courts <strong>of</strong> the High ContractingParties which are not authorised under theirlaw to award the costs <strong>of</strong> the action, includinglawyers’ fees, shall, in actions to which thisConvention applies, have the power to award,in their discretion, to the claimant the wholeor part <strong>of</strong> the costs <strong>of</strong> the action, includinglawyers’ fees which the court considersreasonable.(b) The cost <strong>of</strong> the action including lawyers’fees shall be awarded in accordance with subparagraph(a) only if the claimant gives a writtennotice to the carrier <strong>of</strong> the amount claimedincluding the particulars <strong>of</strong> the calculation <strong>of</strong>that amount and the carrier does not make,within a period <strong>of</strong> six months after his receipt<strong>of</strong> such notice, a written <strong>of</strong>fer <strong>of</strong> settlement inan amount at least equal to the compensationawarded within the applicable limit. This periodwill be extended until the time <strong>of</strong>commencement <strong>of</strong> the action if that is later.(c) The costs <strong>of</strong> the action includinglawyers’ fees shall not be taken into account inapplying the limit under this Article.
CHAP. VIII THE GUATEMALA CITY PROTOCOL, 1971724. The sums mentioned in francs in thisArticle and Article 42 shall be deemed to referto a currency units consisting <strong>of</strong> sixty-five anda half milligrams <strong>of</strong> gold <strong>of</strong> millesimal finenessnine hundred. These sums may be convertedinto national currencies in round figures.Conversion <strong>of</strong> sums into national currenciesother than gold shall, in case <strong>of</strong> judicialproceedings, be made according to the goldvalue <strong>of</strong> such currencies at the date <strong>of</strong> thejudgment.”Article IXArticle 24 <strong>of</strong> the Convention shall be deletedand replaced by the following :–“Article 241. In the carriage <strong>of</strong> cargo, any action fordamages, however founded, can only bebrought subject to the conditions and limitsset out in this Convention.2. In the carriage <strong>of</strong> passengers and baggageany action for damages, however founded,whether under this Convention or in contractor in tort or otherwise, can only be broughtsubject to the conditions and limits <strong>of</strong> liabilityset out in this Convention without prejudiceto the question as to who are the persons whohave the right to bring suit and what are theirrespective rights. Such limits <strong>of</strong> liabilityconstitute maximum limits and may not beexceeded whatever the circumstances whichgave rise to the liability.”Article XArticle 25 <strong>of</strong> the Convention shall be deletedand replaced by the following :–“Article 25The limit <strong>of</strong> liability specified in paragraph2 <strong>of</strong> Article 22 shall not apply if it is provedthat the damage resulted from an act or omission<strong>of</strong> the carrier, his servants or agents, done withintent to cause damage or recklessly and withknowledge that damage would probably result;provided that, in the case <strong>of</strong> such act or omission<strong>of</strong> a servant or agent it is also proved that hewas acting within the scope <strong>of</strong> hisemployment.”Article XIIn Article 25-A <strong>of</strong> the Convention,paragraphs 1 and 3 shall be deleted and replacedby the following :–“1. If an action is brought against a servantor agent <strong>of</strong> the carrier arising out <strong>of</strong> damageto which the Convention relates, such servantor agent, if he proves that he acted within thescope <strong>of</strong> his employment, shall be entitled toavail himself <strong>of</strong> the limits <strong>of</strong> liability whichthat carrier himself is entitled to invoke underthis Convention.3. The provisions <strong>of</strong> paragraphs 1 and 2 <strong>of</strong>this Article shall not apply to the carriage <strong>of</strong>cargo if it is proved that the damage resultedfrom an act or omission <strong>of</strong> the servant or agentdone with intent to cause damage or recklesslyand with knowledge that damage wouldprobably result.”Article XIIIn Article 28 <strong>of</strong> the Convention, the presentparagraph 2 shall be renumbered as paragraph3 and a new paragraph 2 shall be inserted asfollows :–“2. In results <strong>of</strong> damage resulting from thedeath, injury or delay <strong>of</strong> a passenger or thedestruction, loss, damage or delay <strong>of</strong> baggage,the action may be brought before one <strong>of</strong> theCourts mentioned in paragraph 1 <strong>of</strong> this Article,or in the territory <strong>of</strong> one <strong>of</strong> the High ContractingParties, before the Court within the jurisdiction<strong>of</strong> which the carrier has an establishment if thepassenger has his domicile or permanentresidence in the territory <strong>of</strong> the same HighContracting Party.”Article XIIIAfter Article 30 <strong>of</strong> the Convention, thefollowing Article shall be inserted:–“Article 30-ANothing in this Convention shall prejudicethe question whether a person liable for damage
73THE GUATEMALA CITY PROTOCOL, 1971CHAP. VIIIin accordance with its provisions has a right <strong>of</strong>recourse against any other person.”Article XIVAfter Article 35 <strong>of</strong> the Convention, thefollowing Article shall be inserted :–“Article 35-ANo provision contained in this Conventionshall prevent a State from establishing andoperating within its territory a system tosupplement the compensation payable toclaimants under the Convention in respect <strong>of</strong>death, or personal injury, <strong>of</strong> passengers. Sucha system shall fulfil the following conditions :–(a) it shall not in any circumstances imposeupon the carrier, his servants or agentsany liability in addition to that providedunder this Convention;(b) it shall not impose upon the carrier anyfinancial or administrative burden otherthan collecting in that Statecontributions from passengers ifrequired so to do;(c) it shall not give rise to anydiscrimination between carriers withregard to the passengers concerned andthe benefits available to the saidpassengers under the system shall beextended to them regardless <strong>of</strong> thecarrier whose service they have used;(d) if a passenger has contributed to thesystem, any person suffering damage asa consequence <strong>of</strong> death or personalinjury <strong>of</strong> such passenger shall be entitledto the benefits <strong>of</strong> the system.”Article XVAfter Article 41 <strong>of</strong> the Convention, thefollowing Article shall be inserted:–“Article 421. Without prejudice to the provisions <strong>of</strong>Article 41, Conferences <strong>of</strong> the Parties to theProtocol done at Guatemala City on the eighthMarch 1971 shall be convened during the fifthand tenth years respectively after the date <strong>of</strong>entry into force <strong>of</strong> the said Protocol for thepurpose <strong>of</strong> reviewing the limit established inArticle 22, paragraph 1(a) <strong>of</strong> the Conventionas amended by that Protocol.2. At each <strong>of</strong> the Conferences mentioned inparagraph 1 <strong>of</strong> this Article the limit <strong>of</strong> liabilityin Article 22, paragraph 1(a) in force at therespective dates <strong>of</strong> these Conferences shall notbe increased by an amount exceeding onehundred and eighty-seven thousand fivehundred francs.3. Subject to paragraph 2 <strong>of</strong> this Article,unless before the thirty first December <strong>of</strong> thefifth and tenth years after the date <strong>of</strong> entry int<strong>of</strong>orce <strong>of</strong> the Protocol referred to in paragraph 1<strong>of</strong> this Article the aforesaid Conferences decideotherwise by a two-thirds majority vote <strong>of</strong> theParties present and voting, the limit <strong>of</strong> liabilityin Article 22, paragraph 1(a) in force at therespective dates <strong>of</strong> these Conferences shall onthose dates be increased by one hundred andeighty-seven thousand five hundred francs.4. The applicable limit shall be that which,in accordance with the preceding paragraphs,is in effects on the date <strong>of</strong> the event whichcaused the death or personal injury <strong>of</strong> thepassenger.”CHAPTER IISCOPE OF APPLICATION OFTHE CONVENTION ASAMENDEDArticle XVIThe Warsaw Convention as amended at theHague in 1955 and by this Protocol shall applyto international carriage as defined in Article 1<strong>of</strong> the Convention, provided that the places <strong>of</strong>departure and destination referred to in thatArticle are situated either in the territories, <strong>of</strong>two Parties to this Protocol or within theterritory <strong>of</strong> a single Party to this Protocol withan agreed stopping place in the territory <strong>of</strong>another State.
CHAP. VIII THE GUATEMALA CITY PROTOCOL, 197174CHAPTER IIIFINAL CLAUSESArticle XVIIAs between the Parties to this Protocol, theWarsaw Convention as amended at The Haguein 1955 and this Protocol shall be read andinterpreted together as one single instrumentand shall be known as the Warsaw Conventionas amended at The Hague, 1955, and atGuatemala City 1971.Article XVIIIUntil the date on which this Protocol entersinto force in accordance with the provisions<strong>of</strong> Article XX, it shall remain open for signatureby all States Members <strong>of</strong> the United Nations or<strong>of</strong> any <strong>of</strong> the Specialized Agencies or <strong>of</strong> theInternational Atomic Energy Agency or Partiesto the Statute <strong>of</strong> the International Court <strong>of</strong>Justice, and by any other State invited by the<strong>General</strong> Assembly <strong>of</strong> the United Nations tobecome a Party to this Protocol.Article XIX1. This Protocol shall be subject toratification by the signatory States.2. Ratification <strong>of</strong> this Protocol by any Statewhich is not a Party to the Warsaw Conventionor by any State which is not a Party to theWarsaw Convention as amended at The Hague,1955, shall have the effect <strong>of</strong> accession to theWarsaw Convention as amended at The Hague,1955, and at Guatemala City, 1971.3. The instruments <strong>of</strong> ratification shall bedeposited with the International <strong>Civil</strong> <strong>Aviation</strong>Organization.Article XX1. This Protocol shall enter into force onthe ninetieth day after the deposit <strong>of</strong> the thirtiethinstrument <strong>of</strong> ratification on the condition,however, that the total international scheduledair traffic, expressed in passenger-kilometers,according to the statistics for the year 1970published by the International <strong>Civil</strong> <strong>Aviation</strong>Organization <strong>of</strong> the airlines <strong>of</strong> five States whichhave ratified this Protocol, represents at least40% <strong>of</strong> the total international scheduled airtraffic <strong>of</strong> the airlines <strong>of</strong> member States <strong>of</strong> theInternational <strong>Civil</strong> <strong>Aviation</strong> Organization inthat year. If, at the time <strong>of</strong> deposit <strong>of</strong> thethirtieth instrument <strong>of</strong> ratification, his conditionhas not been fulfilled, the Protocol shall notcome into force until the ninetieth day afterthis condition shall have been satisfied. ThisProtocol shall come into force for each Stateratifying after the deposit <strong>of</strong> the last instrument<strong>of</strong> ratification necessary for entry into force <strong>of</strong>this Protocol on the ninetieth day after thedeposit <strong>of</strong> its instrument <strong>of</strong> ratification.2. As soon as this Protocol comes int<strong>of</strong>orce it shall be registered with the United-Nations by the International <strong>Civil</strong> <strong>Aviation</strong>Organization.Article XXI1. After the entry into force <strong>of</strong> this Protocolit shall be open for accession by any Statereferred to in Article XVIII.2. Accession to this Protocol by any Statewhich is not a Party to the Warsaw Conventionor by any State which is not a Party to theWarsaw Convention as amended at The Hague,1955, shall have the effect <strong>of</strong> accession to theWarsaw Convention as amended at The Hague,1955, and at Guatemala City, 1971.3. Accession shall be effected by the deposit<strong>of</strong> an instrument <strong>of</strong> accession with theInternational <strong>Civil</strong> <strong>Aviation</strong> Organization andshall take effect on the ninetieth day after thedeposit.Article XXII1. Any Party to this Protocol may denouncethe Protocol by notification addressed to theInternational <strong>Civil</strong> <strong>Aviation</strong> Organization.2. Denunciation shall take effect six monthsafter the date <strong>of</strong> receipt by the International<strong>Civil</strong> <strong>Aviation</strong> Organization <strong>of</strong> the notification<strong>of</strong> denunciation.
3. As between the Parties to this Protocol,denunciation by any <strong>of</strong> them <strong>of</strong> the WarsawConvention in accordance with Article 39there<strong>of</strong> or <strong>of</strong> the Hague Protocol in accordancewith Article XXIV there<strong>of</strong> shall not beconstrued in any way as a denunciation <strong>of</strong> theWarsaw Convention as amended at The Hague,1955, and at Guatemala City, 1971.Article XXIII1. Only the following reservations may bemade to this Protocol:–(a) a State whose courts are not authorizedunder its law to award the costs <strong>of</strong> the actionincluding lawyers’ fees may at any time by anotification addressed to the International <strong>Civil</strong><strong>Aviation</strong> Organization declare that Article 22,paragraph 3(a) shall not apply to its courts;and(b) a State at any time declare by anotification addressed to the International <strong>Civil</strong><strong>Aviation</strong> Organization that the WarsawConvention as amended at The Hague, 1955and at Guatemala, City 1971 shall not apply tothe carriage <strong>of</strong> persons, baggage and cargo forits military authorities on aircraft, registeredin that State, the whole capacity <strong>of</strong> which hasbeen reserved by or on behalf <strong>of</strong> suchauthorities.2. Any State having made a reservation inaccordance with the preceding paragraph mayat any time withdraw such reservation bynotification to the International <strong>Civil</strong> <strong>Aviation</strong>Organization.Article XXIVThe International <strong>Civil</strong> <strong>Aviation</strong>Organization shall promptly inform allsignatory or acceding States <strong>of</strong> the date <strong>of</strong> eachsignature, the date <strong>of</strong> deposit <strong>of</strong> each instrument<strong>of</strong> ratification or accession, the date <strong>of</strong> entryinto force <strong>of</strong> this Protocol, and other relevantinformation.75THE GUATEMALA CITY PROTOCOL, 1971Article XXVAs between the Parties to this Protocolwhich are also Parties to the Convention,Supplementary to the Warsaw Convention, forthe Unification <strong>of</strong> Certain Rules Relating toInternational Carriage by Air Performed by aPerson other than the contracting Carrier signedat Gaudalajara on 18 September,1961(hereinafter referred to as the “GuadalajaraConvention”) any reference to the “WarsawConvention” contained in the GuadalajaraConvention shall include reference to theWarsaw Convention as amended at The Hague,1955, and at Guatemala City, 1971, in caseswhere the carriage under the agreement referredto in Article 1, paragraph (b) <strong>of</strong> the GuadalajaraConvention is governed by this Protocol.Article XXVICHAP. VIIIThis Protocol shall remain open, until 30September 1971, for signature by any Statereferred to in Article XVIII, at the Ministry <strong>of</strong>External Relations <strong>of</strong> the Republic <strong>of</strong> Guatemalaand thereafter, until it enters into force inaccordance with Article XX, at the International<strong>Civil</strong> <strong>Aviation</strong> Organization. The Government<strong>of</strong> the Republic <strong>of</strong> Guatemala shall promptlyinform the International <strong>Civil</strong> <strong>Aviation</strong>Organization <strong>of</strong> any signature and the datethere<strong>of</strong> during the time that the Protocol shallbe open for signature in Guatemala.IN WITNESS WHEREOF the undersignedPlenipotentiaries, having been duly authorized,have signed this Protocol.DONE at Guatemala City on the eighth day<strong>of</strong> the month <strong>of</strong> March <strong>of</strong> the year One ThousandNine Hundred and Seventy one in threeauthentic texts in the English, French andSpanish languages. The International <strong>Civil</strong><strong>Aviation</strong> Organization shall establish anauthentic text <strong>of</strong> this Protocol in the Russianlanguage. In the case <strong>of</strong> any inconsistency, thetext in the French language, in which languagethe Warsaw Convention <strong>of</strong> 12 October 1929was drawn up, shall prevail.
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77CHAPTER IXADDITIONAL PROTOCOL NO. 1, 1975SIGNED AT MONTREAL ON 25TH SEPTEMBER, 1975 TOAMEND THE CONVENTION FOR THE UNIFICATION OFCERTAIN RULES RELATING TO INTERNATIONALCARRIAGE BY AIR SIGNED AT WARSAWON 12 OCTOBER, 1929
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79ADDITIONAL PROTOCOL NO. 1, 1975CHAP. IXCHAPTER IXADDITIONAL PROTOCOL NO. 1, 1975SIGNED AT MONTREAL ON 25TH SEPTEMBER, 1975TO AMEND THE CONVENTION FOR THE UNIFICATIONOF CERTAIN RULES RELATING TO INTERNATIONALCARRIAGE BY AIR SIGNED AT WARSAWON 12 OCTOBER, 1929 *THE GOVERNMENTS UNDERSIGNEDConsidering that it is desirable to amendthe Convention for the Unification <strong>of</strong> CertainRules Relating to International Carriage byAir signed at Warsaw on 12 October 1929Have agreed as follows:CHAPTER IAMENDMENTS TO THECONVENTIONArticle IThe Convention which the provisions <strong>of</strong>the present Chapter modify is the WarsawConvention, 1929.Article IIArticle 22 <strong>of</strong> the Convention shall be deletedand replaced by the following:—“Article 221. In the carriage <strong>of</strong> passengers the liability<strong>of</strong> the carrier for each passenger is limited tothe sum <strong>of</strong> 8300 Special Drawing Rights.Where, in accordance with the law <strong>of</strong> the courtseized <strong>of</strong> the case, damages may be awarded inthe form <strong>of</strong> periodic payments, the equivalentcapital value <strong>of</strong> the said payments shall notexceed this limit. Nevertheless, by specialcontract, the carrier and the passenger mayagree to a higher limit <strong>of</strong> liability.2. In the carriage <strong>of</strong> registered baggageand <strong>of</strong> cargo, the liability <strong>of</strong> the carrier islimited to a sum <strong>of</strong> 17 Special Drawing Rightsper kilogramme, unless the consignor hasmade, at the time when the package was handedover to the carrier, a special declaration <strong>of</strong>interest in delivery at destination and has paida supplementary sum if the case so requires. Inthat case the carrier will be liable to pay a sumnot exceeding the declared sum, unless heproves that, that sum is greater than theconsignor’s actual interest in delivery atdestination.3. As regards objects <strong>of</strong> which thepassenger takes charge himself the liability <strong>of</strong>the carrier is limited to 332 Special DrawingRights per passenger.4. The sums mentioned in terms <strong>of</strong> theSpecial Drawing Right in this Article shall bedeemed to refer to the Special Drawing Rightas defined by the International Monetary Fund.Conversion <strong>of</strong> the sums into national currenciesshall, in case <strong>of</strong> judicial proceedings, be madeaccording to the value <strong>of</strong> such currencies interms <strong>of</strong> the Special Drawing Right at the date<strong>of</strong> the judgment. The value <strong>of</strong> a nationalcurrency, in terms <strong>of</strong> the Special Drawing Right,<strong>of</strong> a High Contracting Party which is a Member<strong>of</strong> the International Monetary Fund, shall becalculated in accordance with the method <strong>of</strong>valuation applied by the International Monetary* Entered into force on 15 February, 1996.As on 30 June, 2003 there are 48 contracting States party to it.India has not ratified it
CHAP. IX ADDITIONAL PROTOCOL NO. 1, 197580Fund, in effect at the date <strong>of</strong> the judgment, forits operations and transactions. The value <strong>of</strong> anational currency, in terms <strong>of</strong> the SpecialDrawing Right, <strong>of</strong> a High Contracting Partywhich is not a Member <strong>of</strong> the InternationalMonetary Fund, shall be calculated in a mannerdetermined by that High Contracting Party.Nevertheless, those States which are notMembers <strong>of</strong> the International Monetary Fundand whose law does not permit the application<strong>of</strong> the provisions <strong>of</strong> paragraphs 1, 2 and 3 <strong>of</strong>Article 22 may, at the time <strong>of</strong> ratification oraccession or at any time thereafter, declarethat the limit <strong>of</strong> liability <strong>of</strong> the carrier in judicialproceedings in their territories is fixed at asum <strong>of</strong> 125 000 monetary units per passengerwith respect to paragraph 1 <strong>of</strong> Article 22; 250monetary units per kilogramme with respect toparagraph 2 <strong>of</strong> Article 22; and 5,000 monetaryunits per passenger with respect to paragraph3 <strong>of</strong> Article 22. The monetary unit correspondsto sixty-five and a half milligrammes <strong>of</strong> gold <strong>of</strong>millesimal fineness nine hundred. These sumsmay be converted into the national currencyconcerned in round figures. The conversion <strong>of</strong>these sums into national currency shall bemade according to the law <strong>of</strong> the Stateconcerned.”CHAPTER IISCOPE OF APPLICATION OFTHE CONVENTION ASAMENDEDArticle IIIThe Warsaw Convention as amended bythis Protocol shall apply to internationalcarriage as defined in Article 1 <strong>of</strong> theConvention, provided that the place <strong>of</strong>departure and destination referred to in thatArticle are situated either in the territories <strong>of</strong>two Parties to this Protocol, or within theterritory <strong>of</strong> a single Party to this Protocol withan agreed stopping place in the territory <strong>of</strong>another State.CHAPTER IIIFINAL CLAUSESArticle IVAs between the Parties to this Protocol, theConvention and the Protocol shall be read andinterpreted together as one single instrumentand shall be known as the Warsaw Conventionas amended by Additional Protocol No. 1 <strong>of</strong>Montreal, 1975.Article VUntil the date on which this Protocol comesinto force in accordance with the provisions <strong>of</strong>Article VII, it shall remain open for signatureby any State.Article VI1. This Protocol shall be subject toratification by the signatory States.2. Ratification <strong>of</strong> this Protocol by any Statewhich is not a Party to the Warsaw Conventionshall have the effect <strong>of</strong> accession to theConvention as amended by this Protocol.3. The instruments <strong>of</strong> ratification shall bedeposited with the Government <strong>of</strong> the PolishPeople’s Republic.Article VII1. As soon as thirty signatory States havedeposited their instruments <strong>of</strong> ratification <strong>of</strong>this Protocol, it shall come into force betweenthem on the ninetieth day after the deposit <strong>of</strong>the thirtieth instrument <strong>of</strong> ratification. It shallcome into force for each State ratifyingthereafter on the ninetieth day after the deposit<strong>of</strong> its instrument <strong>of</strong> ratification.2. As soon as this Protocol comes int<strong>of</strong>orce it shall be registered with the UnitedNations by the Government <strong>of</strong> the PolishPeople’s Republic.
Article VIII1. This Protocol, after it has come int<strong>of</strong>orce, shall be open for accession by any nonsignatoryState.2. Accession to this Protocol by any Statewhich is not a Party to the Convention shallhave the effect <strong>of</strong> accession to the Conventionas amended by this Protocol.3. Accession shall be effected by thedeposit <strong>of</strong> an instrument <strong>of</strong> accession with theGovernment <strong>of</strong> the Polish People’s Republicand shall take effect on the ninetieth day afterthe deposit.Article IX1. Any Party to this Protocol may denouncethe Protocol by notification addressed to theGovernment <strong>of</strong> the Polish People’s Republic.2. Denunciation shall take effect sixmonths after the receipt by the Government <strong>of</strong>the Polish People’s Republic <strong>of</strong> the notification<strong>of</strong> denunciation.3. As between the Parties to this Protocol,denunciation by any <strong>of</strong> them <strong>of</strong> the Conventionin accordance with Article 39 there<strong>of</strong> shall notbe construed in any way as a denunciation <strong>of</strong>the Convention as amended by this Protocol.Article XNo reservation may be made to this Protocol.Article XIThe Government <strong>of</strong> the Polish People’sRepublic shall promptly inform all States Partiesto the Warsaw Convention or <strong>of</strong> thatConvention as amended, all signatory oracceding States to the present Protocol, aswell as the International <strong>Civil</strong> <strong>Aviation</strong>Organization, <strong>of</strong> the date <strong>of</strong> each signature,the date <strong>of</strong> deposit <strong>of</strong> each instrument <strong>of</strong>ratification or accession, the date <strong>of</strong> cominginto force <strong>of</strong> this Protocol, and other relevantinformation.81ADDITIONAL PROTOCOL NO. 1, 1975Article XIIAs between the Parties to this Protocolwhich are also Parties to the Convention,Supplementary to the Warsaw Convention, forthe Unification <strong>of</strong> Certain Rules Relating toInternational Carriage by Air performed by aperson other than the contracting Carrier,signed at Guadalajara on 18 September 1961(hereinafter referred to as the “GuadalajaraConvention”) any reference to the “WarsawConvention” contained in the GuadalajaraConvention shall include reference to theWarsaw Convention as amended by AdditionalProtocol No. 1 <strong>of</strong> Montreal, 1975, in caseswhere the carriage under the agreement referredto in Article 1, paragraph b) <strong>of</strong> the GuadalajaraConvention is governed by this Protocol.Article XIIICHAP. IXThis Protocol shall remain open forsignature until 1 January 1976 at theHeadquarters <strong>of</strong> the International <strong>Civil</strong> <strong>Aviation</strong>Organization and thereafter until it comes int<strong>of</strong>orce in accordance with Article VII at theMinistry for Foreign Affairs <strong>of</strong> the PolishPeople’s Republic. The International <strong>Civil</strong><strong>Aviation</strong> Organization shall promptly informthe Government <strong>of</strong> the Polish People’s Republic<strong>of</strong> any signature and the date there<strong>of</strong> duringthe time that the Protocol shall be open forsignature at the Headquarters <strong>of</strong> theInternational <strong>Civil</strong> <strong>Aviation</strong> Organization.IN WITNESS WHEREOF the undersignedPlenipotentiaries, having been duly authorized,have signed this Protocol.DONE at Montreal on the twenty fifth day<strong>of</strong> the month <strong>of</strong> September <strong>of</strong> the year OneThousand Nine Hundred and Seventy five infour authentic text in the English, French,Russian and Spanish languages. In the case <strong>of</strong>any inconsistency, the text in the Frenchlanguage, in which language the WarsawConvention <strong>of</strong> 12 October 1929 was drawn up,shall prevail.
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83CHAPTER XADDITIONAL PROTOCOL NO. 2, 1975SIGNED AT MONTREAL ON 25TH SEPTEMBER, 1975TO AMEND THE CONVENTION FOR THE UNIFICATIONOF CERTAIN RULES RELATING TO INTERNATIONALCARRIAGE BY AIR SIGNED AT WARSAW ON 12OCTOBER, 1929 AS AMENDED BY THE PROTOCOLDONE AT THE HAGUE ON 28 SEPTEMBER, 1955
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85ADDITIONAL PROTOCOL NO. 2, 1975CHAP. XCHAPTER XADDITIONAL PROTOCOL NO. 2, 1975SIGNED AT MONTREAL ON 25TH SEPTEMBER, 1975TO AMEND THE CONVENTION FOR THE UNIFICATIONOF CERTAIN RULES RELATING TO INTERNATIONALCARRIAGE BY AIR SIGNED AT WARSAW ON 12OCTOBER, 1929 AS AMENDED BY THE PROTOCOLDONE AT THE HAGUE ON 28 SEPTEMBER, 1955 *THE GOVERNMENTS UNDERSIGNEDConsidering that it is desirable to amendthe Convention for the Unification <strong>of</strong> CertainRules Relating to International Carriage byAir signed at Warsaw on 12 October 1929 asamended by the Protocol done at The Hagueon 28 September 1955,Have agreed as follows:CHAPTER IAMENDMENTS TO THECONVENTIONArticle IThe Convention which the provisions <strong>of</strong>the present Chapter modify if the WarsawConvention as amended at The Hague in 1955.Article IIArticle 22 <strong>of</strong> the Convention shall be deletedand replaced by the following:—“Article 221. In the carriage <strong>of</strong> persons the liability <strong>of</strong>the carrier for each passenger is limited to thesum <strong>of</strong> 16 600 Special Drawing Rights. Where,in accordance with the law <strong>of</strong> the court seised<strong>of</strong> the case, damages may be awarded in theform <strong>of</strong> periodic payments, the equivalentcapital value <strong>of</strong> the said payments shall notexceed this limit. Nevertheless, by specialcontract, the carrier and the passenger mayagree to a higher limit <strong>of</strong> liability.2. (a) In the carriage <strong>of</strong> registered baggageand <strong>of</strong> cargo, the liability <strong>of</strong> the carrier islimited to a sum <strong>of</strong> 17 Special Drawing Rightsper kilogramme, unless the passenger orconsignor has made, at the time when thepackage was handed over to the carrier, aspecial declaration <strong>of</strong> interest in delivery atdestination and has paid a supplementary sumif the case so requires. In that case the carrierwill be liable to pay a sum not exceeding thedeclared sum, unless he proves that, that sumis greater than the passenger’s or consignor’sactual interest in delivery at destination.(b) In the case <strong>of</strong> loss, damage or delay <strong>of</strong>part <strong>of</strong> registered baggage or cargo, or <strong>of</strong> anyobject contained therein, the weight to be takeninto consideration in determining the amountto which the carrier’s liability is limited shallbe only the total weight <strong>of</strong> the package orpackages concerned. Nevertheless , when theloss, damage or delay <strong>of</strong> a part <strong>of</strong> the registeredbaggage or cargo, or <strong>of</strong> an object contained* Entered into force on 15 February, 1996.As on 30 June, 2003 there are 49 contracting States party to it.India has not ratified it
CHAP. X ADDITIONAL PROTOCOL NO. 2, 197586therein, affects the value <strong>of</strong> other packagescovered by the same baggage check or thesame air way bill, the total weight <strong>of</strong> suchpackage or packages shall also be taken intoconsideration in determining the limit <strong>of</strong>liability.3. As regards objects <strong>of</strong> which thepassenger takes charge himself the liability <strong>of</strong>the carrier is limited to 332 Special DrawingRights per passenger.4. The limit prescribed in this Article shallnot prevent the court from awarding, inaccordance with its own law, in addition, thewhole or part <strong>of</strong> the court costs and <strong>of</strong> theother expenses <strong>of</strong> the litigation incurred bythe plaintiff. The foregoing provision shall notapply if the amount <strong>of</strong> the damages awarded,excluding court costs and other expenses <strong>of</strong>the litigation, does not exceed the sum whichthe carrier has <strong>of</strong>fered in writing to the plaintiffwithin a period <strong>of</strong> six months from the date <strong>of</strong>the occurrence causing the damage, or beforethe commencement <strong>of</strong> the action, if that islater.5. The sums mentioned in terms <strong>of</strong> theSpecial Drawing Right in this Article shall bedeemed to refer to the Special Drawing Rightas defined by the International Monetary Fund.Conversion <strong>of</strong> the sums into national currenciesshall, in case <strong>of</strong> judicial proceedings, be madeaccording to the value <strong>of</strong> such currencies interms <strong>of</strong> the Special Drawing Right at the date<strong>of</strong> the judgment. The value <strong>of</strong> a nationalcurrency, in terms <strong>of</strong> the Special Drawing Right,<strong>of</strong> a High Contracting Party which is a Member<strong>of</strong> the International Monetary Fund, shall becalculated in accordance with the method <strong>of</strong>valuation applied by the International MonetaryFund, in effect at the date <strong>of</strong> the judgment, forits operations and transactions. The value <strong>of</strong> anational currency, in terms <strong>of</strong> the SpecialDrawing Right, <strong>of</strong> a High Contracting partywhich is not a Member <strong>of</strong> the InternationalMonetary Fund, shall be calculated in a mannerdetermined by that High Contracting Party.Nevertheless, those States which are notMembers <strong>of</strong> the International Monetary Fundand whose law does not permit the application<strong>of</strong> the provisions <strong>of</strong> paragraphs 1, 2 (a) and 3<strong>of</strong> Article 22 may at the time <strong>of</strong> ratification oraccession or at any time thereafter, declarethat the limit <strong>of</strong> liability <strong>of</strong> the carrier injudicial proceedings in their territories is fixedat a sum <strong>of</strong> 250 000 monetary units perpassenger with respect to paragraph 1 <strong>of</strong> Article22; 250 monetary units per kilogramme withrespect to paragraph 2 (a) <strong>of</strong> Article 22; and 5000 monetary units per passenger with respectto paragraph 3 <strong>of</strong> Article 22. This monetaryunit corresponds to sixty-five and a halfmilligrammes <strong>of</strong> gold <strong>of</strong> millesimal finenessnine hundred. These sums may be convertedinto the national currency concerned in roundfigures. The convention <strong>of</strong> these sums intonational currency shall be made according tothe law <strong>of</strong> the State concerned.”CHAPTER IISCOPE OF APPLICATION OFTHE CONVENTION ASAMENDEDArticle IIIThe Warsaw Convention as amended atThe Hague in 1955 and by this Protocol shallapply to international carriage as defined inArticle 1 <strong>of</strong> the Convention, provided that theplaces <strong>of</strong> departure and destination referred toin that Article are situated either in theterritories <strong>of</strong> two Parties to this Protocol orwithin the territory <strong>of</strong> a single party to thisProtocol with an agreed stopping place interritory <strong>of</strong> another State.CHAPTER IIIFINAL CLAUSESArticle IVAs between the Parties to this Protocol, theWarsaw Convention as amended at The Haguein 1955 and this Protocol shall be read and
87ADDITIONAL PROTOCOL NO. 2, 1975CHAP. Xinterpreted together as one single instrumentand shall be known as the Warsaw Conventionas amended at The Hague, 1955, and byAdditional Protocol No.. 2 <strong>of</strong> Montreal, 1975.Article VUntil the date on which this Protocol comesinto force in accordance with the provisions <strong>of</strong>Article VII, it shall remain open for signatureby any State.Article VI1. The Protocol shall be subject toratification by the signatory States.2. Ratification <strong>of</strong> this Protocol by anyState which is not a party to the WarsawConvention or by any state which is not a Partyto the Warsaw Convention as amended at TheHague, 1955, shall have the effect <strong>of</strong> accessionto the Warsaw Convention as amended at TheHague, 1955, and by Additional Protocol No.2 <strong>of</strong> Montreal, 1975.3. The instruments <strong>of</strong> ratification shall bedeposited with the Government <strong>of</strong> the PolishPeople’s Republic.Article VII1. As soon as thirty signatory States havedeposited their instruments <strong>of</strong> ratification <strong>of</strong>this protocol, it shall come into force betweenthem on the ninetieth day after the deposit <strong>of</strong>the thirtieth instrument <strong>of</strong> ratification. It shallcome into force for each State ratifyingthereafter on the ninetieth day after the deposit<strong>of</strong> its instrument <strong>of</strong> ratification.2. As soon as this Protocol comes int<strong>of</strong>orce it shall be registered with the UnitedNations by the Government <strong>of</strong> the PolishPeople’s Republic.Article VIII1. This Protocol, after it has come int<strong>of</strong>orce, shall be open for accession by any nonsignatoryState.2. Accession to this Protocol by any statewhich is not a Party to the Warsaw Conventionor by any State which is not a Party to theWarsaw Convention as amended at The Hague,1955, shall have the effect <strong>of</strong> accession to theWarsaw Convention as amended at The Hague,1955, and by Additional Protocol No. 2 <strong>of</strong>Montreal, 1975.3. Accession shall be effected by thedeposit <strong>of</strong> an instrument <strong>of</strong> accession with theGovernment <strong>of</strong> the Polish People’s Republicand shall take effect on the ninetieth day afterthe deposit.Article IX1. Any Party to this Protocol may denouncethe Protocol by notification addressed to theGovernment <strong>of</strong> the Polish People’s Republic.2. Denunciation shall take effect sixmonths after the date <strong>of</strong> receipt by theGovernment <strong>of</strong> the Polish People’s Republic<strong>of</strong> the notification <strong>of</strong> denunciation.3. As between the Parties to this Protocol,denunciation by any <strong>of</strong> them <strong>of</strong> the WarsawConvention in accordance with Article 39there<strong>of</strong> or <strong>of</strong> the Hague Protocol in accordancewith Article XXIV there<strong>of</strong> shall not beconstrued in any way as a denunciation <strong>of</strong> theWarsaw Convention as amended at The Hague,1955, and by Additional protocol No. 2 <strong>of</strong>Montreal, 1975.Article XNo reservation may be made to this Protocolexcept that a State may at any time declare bya notification addressed to the Government <strong>of</strong>the Polish People’s Republic that theConvention as amended by this Protocol shallnot apply to the carriage <strong>of</strong> persons, cargo andbaggage for its military authorities on aircraft,registered in that State, the whole capacity <strong>of</strong>which has been reserved by or on behalf <strong>of</strong>such authorities.Article XIThe Government <strong>of</strong> the Polish People’sRepublic shall promptly inform all State Partiesto the Warsaw Convention or to that
CHAP. X ADDITIONAL PROTOCOL NO. 2, 1975Convention as amended, all signatory oracceding States to the present protocol, as wellas the International <strong>Civil</strong> <strong>Aviation</strong>Organization, <strong>of</strong> the date <strong>of</strong> each signature,the date <strong>of</strong> deposit <strong>of</strong> each instrument <strong>of</strong>ratification or accession, the date <strong>of</strong> cominginto force <strong>of</strong> this Protocol, and other relevantinformation.Article XIIAs between the Parties to this Protocolwhich are also Parties to the Convention,Supplementary to the Warsaw Convention, forthe Unification <strong>of</strong> Certain Rules Relating toInternational Carriage by Air performed by aperson other than the Contracting Carrier,signed at Guadalajara on 18 September 1961(hereinafter referred to as the “GuadalajaraConvention”) any reference to the WarsawConvention” contained in the GuadalajaraConvention shall include reference to theWarsaw Convention as amended at The Hague,1955, and by Additional Protocol No. 2 <strong>of</strong>Montreal, 1975, in cases where the carriageunder the agreement referred to in Article 1,paragraph b) <strong>of</strong> the Guadalajara Convention isgoverned by this Protocol.88Article XIIIThis Protocol shall remain open forsignature until 1 January 1976 at theHeadquarters <strong>of</strong> the International <strong>Civil</strong> <strong>Aviation</strong>Organization and thereafter until it comes int<strong>of</strong>orce in accordance with Article VII at theMinistry for Foreign Affairs <strong>of</strong> the PolishPeople’s Republic. The International <strong>Civil</strong><strong>Aviation</strong> Organization shall promptly informthe Government <strong>of</strong> the Polish People’s Republic<strong>of</strong> any signature and the date there<strong>of</strong> duringthe time that the Protocol shall be open forsignature at the Headquarters <strong>of</strong> theInternational <strong>Civil</strong> <strong>Aviation</strong> Organization.IN WITNESS WHEREOF the undersignedPlenipotentiaries, having been duly authorized,have signed this Protocol.DONE at Montreal on the twenty fifth day<strong>of</strong> the month <strong>of</strong> September <strong>of</strong> the year OneThousand Nine Hundred and seventy five infour authentic texts in the English, French,Russian and Spanish languages. In the case <strong>of</strong>any inconsistency, the text in the Frenchlanguage, in which language the WarsawConvention <strong>of</strong> 12 October 1929 was drawn up,shall prevail.
89CHAPTER XIADDITIONAL PROTOCOL NO. 3, 1975SIGNED AT MONTREAL ON 25TH SEPTEMBER, 1975TO AMEND THE CONVENTION FOR THE UNIFICATIONOF CERTAIN RULES RELATING TO INTERNATIONALCARRIAGE BY AIR SIGNED AT WARSAW ON12 OCTOBER, 1929 AS AMENDED BY THE PROTOCOLSDONE AT THE HAGUE ON 28 SEPTEMBER, 1955 ANDAT GUATEMALA CITY ON 8 MARCH, 1971
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91ADDITIONAL PROTOCOL NO. 3, 1975CHAP. XICHAPTER XIADDITIONAL PROTOCOL NO. 3, 1975SIGNED AT MONTREAL ON 25TH SEPTEMBER, 1975TO AMEND THE CONVENTION FOR THE UNIFICATIONOF CERTAIN RULES RELATING TO INTERNATIONALCARRIAGE BY AIR SIGNED AT WARSAW ON12 OCTOBER, 1929 AS AMENDED BY THE PROTOCOLSDONE AT THE HAGUE ON 28 SEPTEMBER, 1955 ANDAT GUATEMALA CITY ON 8 MARCH, 1971 *THE GOVERNMENTS UNDERSIGNEDConsidering that it is desirable to amendthe Convention for the Unification <strong>of</strong> CertainRules Relating to International Carriage byAir signed at Warsaw on 12 October 1929 asamended by the protocols done at The Hagueon 28 September 1955, and at Guatemala Cityon 8 March 1971.Have agreed as follows:CHAPTER IAMENDMENTS TO THECONVENTIONArticle IThe Convention which the provisions <strong>of</strong>the present Chapter modify is the WarsawConvention as amended at The Hague in1955, and at Guatemala City in 1971.Article IIArticle 22 <strong>of</strong> the Convention shall be deletedand replaced by the following:—“Article 221. (a) In the carriage <strong>of</strong> persons the liability <strong>of</strong> thecarrier is limited to the sum <strong>of</strong> 100 000 SpecialDrawing Rights for the aggregate <strong>of</strong> the claims, howeverfounded, in respect <strong>of</strong> damage suffered as a result <strong>of</strong>the death or personal injury <strong>of</strong> each passenger. Where,in accordance with the law <strong>of</strong> the court seised <strong>of</strong> thecase, damages may be awarded in the form <strong>of</strong> periodicpayments, the equivalent capital value <strong>of</strong> the saidpayments shall not exceed 100 000 Special DrawingRights.(b) In the case <strong>of</strong> delay in the carriage <strong>of</strong> personsthe liability <strong>of</strong> the carrier for each passenger is limitedto 4 150 Special Drawing Rights.(c) In the carriage <strong>of</strong> baggage <strong>of</strong> liability <strong>of</strong> thecarrier in the case <strong>of</strong> destruction, loss, damage ordelay is limited to 1 000 Special Drawing Rights foreach passenger.2. (a) In the carriage <strong>of</strong> cargo, the liability <strong>of</strong> thecarrier is limited to a sum <strong>of</strong> 17 Special DrawingRights per kilogramme, unless the consignor has made,at the time when the package was handed over to thecarrier, a special declaration <strong>of</strong> interest in delivery atdestination and has paid a supplementary sum if thecase so requires. In that case the carrier will be liable topay a sum not exceeding the declared sum, unless heproves that, that sum is greater than the consignor’sactual interest in delivery at destination.(b) In the case <strong>of</strong> loss, damage or delay <strong>of</strong> part <strong>of</strong>the cargo, or <strong>of</strong> any object contained therein, theweight to be taken into consideration in determining theamount to which the carrier’s liability is limited shallbe only the total weight <strong>of</strong> the package or packagesconcerned. Nevertheless, when the loss, damage ordelay <strong>of</strong> a part <strong>of</strong> the cargo, or <strong>of</strong> an object containedtherein, affects the value <strong>of</strong> other packages covered bythe same air waybill, the total weight <strong>of</strong> such package* Has not entered into force.As on 30 June, 2003 there are only 23 contracting States party to it.India has not ratified it
CHAP. XI ADDITIONAL PROTOCOL NO. 3, 197592or packages shall also be taken into consideration indetermining the limit <strong>of</strong> liability.3. (a) The courts <strong>of</strong> the High Contracting Partieswhich are not authorized under their law to award thecosts <strong>of</strong> the action, including lawyers’ fees, shall, inactions to which this Convention applies, have thepower to award, in their discretion, to the claimant thewhole or part <strong>of</strong> the costs <strong>of</strong> the action, includinglawyers’ fees which the court considers reasonable.(b) The costs <strong>of</strong> the action including lawyers’ feesshall be awarded in accordance with sub paragraph (a)only if the claimant gives a written notice to the carrier<strong>of</strong> the amount claimed including the particulars <strong>of</strong> thecalculation <strong>of</strong> that amount and the carrier does notmake, within a period <strong>of</strong> six months after his receipt <strong>of</strong>such notice, a written <strong>of</strong>fer <strong>of</strong> settlement in an amountat least equal to the compensation awarded within theapplicable limit. This period will be extended until thetime <strong>of</strong> commencement <strong>of</strong> the action if that is later.(c) The costs <strong>of</strong> the action including lawyers’ feesshall not be taken into account in applying the limitsunder this Article.4. The sums mentioned in terms <strong>of</strong> SpecialDrawing Rights in this Article and Article 42 shall bedeemed to refer to the Special Drawing Rights asdefined by the International Monetary Fund. Conversion<strong>of</strong> the sums into national currencies shall, in case <strong>of</strong>judicial proceedings, be made according to the value <strong>of</strong>such currencies in terms <strong>of</strong> the Special Drawing Rightsat the date <strong>of</strong> the judgment. The value <strong>of</strong> a nationalcurrency, in terms <strong>of</strong> the Special Drawing Right, <strong>of</strong> aHigh Contracting Party which is a Member <strong>of</strong> theInternational Monetary Fund, shall be calculated inaccordance with the method <strong>of</strong> valuation applied bythe International Monetary Fund, in effect at the date<strong>of</strong> the judgment, for its operations and transactions.The value <strong>of</strong> a national currency, in terms <strong>of</strong> theSpecial Drawing Rights, <strong>of</strong> a High Contracting Partywhich is not a Member <strong>of</strong> the International MonetaryFund, shall be calculated in a manner determined bythat High Contracting Party.Nevertheless, those States which are not Members <strong>of</strong>the International Monetary Fund and whose law does notpermit the application <strong>of</strong> the provisions <strong>of</strong> paragraphs 1and 2 (a) <strong>of</strong> Article 22 may, at the time <strong>of</strong> ratification oraccession or at any time thereafter, declare that the limit<strong>of</strong> liability <strong>of</strong> the carrier in judicial proceedings in theirterritories is fixed at a sum <strong>of</strong> 1500000 monetary unitsper passenger with respect to paragraph 1 (a) <strong>of</strong> Article22;62 500 monetary units per passenger with respect toparagraph 1 (b) <strong>of</strong> Article 22; 15 000 monetary units perpassenger with respect to paragraph 1 (c) <strong>of</strong> Article 22;and 250 monetary units per kilogramme with respect toparagraph 2 (a) <strong>of</strong> Article 22. a State applying theprovisions <strong>of</strong> this paragraph may also declare that thesum referred to in paragraphs 2 and 3 <strong>of</strong> Article 42 shallbe the sum <strong>of</strong> 187 500 monetary units. This monetaryunit corresponds to sixty-five and a half milligrammes <strong>of</strong>gold <strong>of</strong> millesimal fineness nine hundred. These sumsmay be converted into the national currency concerned inround figures. The conversion <strong>of</strong> these sums into nationalcurrency shall be made according to the law <strong>of</strong> the Stateconcerned.”Article IIIIn Article 42 <strong>of</strong> the Convention –paragraphs 2 and 3 shall be deleted andreplaced by the following:–“2. At each <strong>of</strong> the Conferences mentioned inparagraph 1 <strong>of</strong> this Article the limit <strong>of</strong> liability inArticle 22, paragraph 1 (a) in force at the respectivedates <strong>of</strong> these Conferences shall not be increased by anamount exceeding 12 500 Special Drawing Rights.3. Subject to paragraph 2 <strong>of</strong> this Article, unlessbefore the thirty first December <strong>of</strong> the fifth and tenthyear after the date <strong>of</strong> entry into force <strong>of</strong> the Protocolreferred to in paragraph 1 <strong>of</strong> this Article the aforesaidConferences decide otherwise by a two thirds majorityvote <strong>of</strong> the Parties present and voting, the limit <strong>of</strong>liability in article 22, paragraph 1(a) in force at therespective dates <strong>of</strong> these Conferences shall on thosedates be increased by 12 500 Special Drawing Rights.”CHAPTER IISCOPE OF APPLICATION OFTHE CONVENTION ASAMENDEDArticle IVThe Warsaw Convention as amended atThe Hague in 1955, and at Guatemala City in1971 and by the protocol shall apply tointernational carriage as defined in Article 1 <strong>of</strong>the Convention provided that the places <strong>of</strong>departure and destination referred to in thatArticle are situated either in the territories <strong>of</strong>two Parties to this Protocol or within theterritory <strong>of</strong> a single Party to this Protocol withan agreed stopping place in the territory <strong>of</strong>another State.
93ADDITIONAL PROTOCOL NO. 3, 1975CHAP. XICHAPTER IIIFINAL CLAUSESArticle VAs between the Parties to this Protocol, theWarsaw Convention as amended at The Haguein 1955 and at Guatemala City in 1971, andthis Protocol shall be read and interpretedtogether as one single instrument and shall beknown as the Warsaw Convention as amendedat The Hague, 1955, at Guatemala City, 1971,and by the Additional Protocol No. 3 <strong>of</strong>Montreal, 1975.Article VIUntil the date on which this protocol comesinto force in accordance with the provisions <strong>of</strong>Article VIII, it shall remain open for signatureby any State.Article VII1. This Protocol shall be subject toratification by the signatory States.2. Ratification <strong>of</strong> this Protocol by anyState which is not a Party to the WarsawConvention or by any State which is not aParty to the Warsaw Convention as amendedat The Hague, 1955, or by any State which isnot a Party to the Warsaw Convention asamended at The Hague, 1955, and at GuatemalaCity, 1971, shall have effect <strong>of</strong> accession tothe Warsaw Convention as amended at TheHague, 1955, at Guatemala City, 1971, and bythe Additional Protocol No. 3 <strong>of</strong> Montreal,1975.3. The instruments <strong>of</strong> ratification shall bedeposited with the Government <strong>of</strong> the PolishPeople’s Republic.Article VIII1. As soon as thirty signatory States havedeposited their instruments <strong>of</strong> ratification <strong>of</strong>this Protocol, it shall come into force betweenthem on the ninetieth day after the deposit <strong>of</strong>the thirtieth instrument <strong>of</strong> ratification. It shallcome into force for each State ratifyingthereafter on the ninetieth day after the deposit<strong>of</strong> its instrument <strong>of</strong> ratification.2. As soon as this Protocol comes int<strong>of</strong>orce it shall be registered with the UnitedNations by the Government <strong>of</strong> the PolishPeople’s Republic.Article IX1. This Protocol, after it has come int<strong>of</strong>orce, shall be open for accession by any nonsignatoryState.2. Accession to this Protocol by any Statewhich is not a Party to the Warsaw Conventionor by any State which is not a Party to theWarsaw Convention as amended at The Hague,1955, or by any State not a Party to the WarsawConvention as amended at The Hague, 1955,and at Guatemala City, 1971, shall have theeffect <strong>of</strong> accession to the Warsaw Conventionas amended at The Hague, 1955, at GuatemalaCity, 1971, and by the additional Protocol No.3 <strong>of</strong> Montreal, 1975.3. Accession shall be effected by the deposit<strong>of</strong> an instrument <strong>of</strong> accession with theGovernment <strong>of</strong> the Polish People’s Republicand shall take effect on the ninetieth day afterthe deposit.Article X1. Any Party to this Protocol may denouncethe protocol by notification addressed to theGovernment <strong>of</strong> the Polish People’s Republic2. Denunciation shall take effect sixmonths after the date <strong>of</strong> receipt by theGovernment <strong>of</strong> the Polish People’s Republic<strong>of</strong> the notification <strong>of</strong> denunciation.3. As between the Parties to this protocol,denunciation by any <strong>of</strong> them <strong>of</strong> the WarsawConvention in accordance with Article 39there<strong>of</strong> or <strong>of</strong> The Hague Protocol in accordancewith Article XXIV there<strong>of</strong> or <strong>of</strong> the GuatemalaCity Protocol in accordance with Article XXIIthere<strong>of</strong> shall not be construed in any way as adenunciation <strong>of</strong> the Warsaw Convention asamended at The Hague, 1955, at GuatemalaCity, 1971, and by the Additional protocol No.3 <strong>of</strong> Montreal, 1975.Article XI1. Only the following reservations may bemade to this Protocol:–
CHAP. XI ADDITIONAL PROTOCOL NO. 3, 197594(a) any State whose courts are not authorizedunder its law to award the costs <strong>of</strong> theaction including lawyers’ fees may atany time by a notification addressed tothe Government <strong>of</strong> the Polish People’sRepublic declare that Article 22,paragraph 3 (a) shall not apply to itscourts;(b) any State may at any time declare by anotification addressed to theGovernment <strong>of</strong> the Polish People’sRepublic that the Warsaw Conventionas amended at The Hague, 1955, atGuatemala City, 1971, and by theAdditional Protocol No. 3 <strong>of</strong> Montreal,1975, shall not apply to the carriage <strong>of</strong>persons, baggage and cargo for itsmilitary authorities on aircraft,registered in that State, the wholecapacity <strong>of</strong> which has been reserved byor on behalf <strong>of</strong> such authorities; and(c) any State may declare at the time <strong>of</strong>ratification <strong>of</strong> or accession to theMontreal Protocol No. 4 <strong>of</strong> 1975, or atany time thereafter, that it is not boundby the provisions <strong>of</strong> the WarsawConvention as amended at The Hague,1955, at Guatemala City, 1971, and bythe Additional Protocol No. 3 <strong>of</strong>Montreal, 1975, in so far as they relateto the carriage <strong>of</strong> cargo, mail and postalpackages. Such declaration shall haveeffect ninety days after the date <strong>of</strong> receiptby the Government <strong>of</strong> the PolishPeople’s Republic <strong>of</strong> the declaration.2. Any State having made a reservation inaccordance with the preceding paragraph mayat any time withdraw such reservation bynotification to the Government <strong>of</strong> the PolishPeople’s Republic.Article XIIThe Government <strong>of</strong> the Polish People’sRepublic shall promptly inform all States Partiesto the Warsaw Convention or to thatConvention as amended, all signatory oracceding States to the present Protocol, as wellas the International <strong>Civil</strong> <strong>Aviation</strong>Organization, <strong>of</strong> the date <strong>of</strong> each signature, thedate <strong>of</strong> deposit <strong>of</strong> each instrument <strong>of</strong> ratificationor accession, the date <strong>of</strong> coming into force <strong>of</strong>this Protocol, and other relevant information.Article XIIIAs between the Parties to this Protocolwhich are also Parties to the Convention,Supplementary to the Warsaw Convention, forthe Unification <strong>of</strong> Certain Rules Relating toInternational Carriage by Air Performed by aperson other than the Contracting Carrier,signed at Guadalajara on 18 September 1961(hereinafter referred to as the “GuadalajaraConvention”) any reference to the “WarsawConvention” contained in the GuadalajaraConvention shall include reference to theWarsaw Convention as amended at The Hague,1955, at Guatemala City, 1971, and by theAdditional protocol No. 3 <strong>of</strong> Montreal, 1975,in cases where the carriage under the agreementreferred to in Article 1, paragraph (b) <strong>of</strong> theGuadalajara Convention is governed by thisProtocol.Article XIVThis Protocol shall remain open forsignature until 1 January 1976 at theHeadquarters <strong>of</strong> the International <strong>Civil</strong> <strong>Aviation</strong>Organization and thereafter until it comes int<strong>of</strong>orce in accordance with Article VIII at theMinistry for Foreign Affairs <strong>of</strong> the PolishPeople’s Republic. The International <strong>Civil</strong><strong>Aviation</strong> Organization shall promptly informthe Government <strong>of</strong> the Polish People’s Republic<strong>of</strong> any signature and the date there<strong>of</strong> duringthe time that the Protocol shall be open forsignature at the Headquarters <strong>of</strong> theInternational <strong>Civil</strong> <strong>Aviation</strong> Organization.IN WITNESS WHEREOF the undersignedPlenipotentiaries, having been dulyauthorized, have signed this Protocol.DONE at Montreal on the twenty-fifth day<strong>of</strong> September <strong>of</strong> the year One Thousand NineHundred and Seventy five in four authentictexts in the English, French, Russian andSpanish languages. In the case <strong>of</strong> anyinconsistency, the text in the French language,in which language the Warsaw Convention <strong>of</strong>12 October 1929 was drawn up, shall prevail.
95CHAPTER XIIADDITIONAL PROTOCOL NO. 4, 1975SIGNED AT MONTREAL ON 25TH SEPTEMBER, 1975 TOAMEND THE CONVENTION FOR THE UNIFICATION OFCERTAIN RULES RELATING TO INTERNATIONALCARRIAGE BY AIR SIGNED AT WARSAW ON 12OCTOBER, 1929 AS AMENDED BY THE PROTOCOLDONE AT THE HAGUE ON 28 SEPTEMBER, 1955(THE MONTREAL PROTOCOL NO. 4, 1975)
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97THE MONTREAL PROTOCOL NO. 4, 1975CHAP. XIICHAPTER XIIADDITIONAL PROTOCOL NO. 4, 1975SIGNED AT MONTREAL ON 25TH SEPTEMBER, 1975 TOAMEND THE CONVENTION FOR THE UNIFICATION OFCERTAIN RULES RELATING TO INTERNATIONALCARRIAGE BY AIR SIGNED AT WARSAW ON 12OCTOBER, 1929 AS AMENDED BY THE PROTOCOLDONE AT THE HAGUE ON 28 SEPTEMBER, 1955 *(THE MONTREAL PROTOCOL NO. 4, 1975)THE GOVERNMENTS UNDERSIGNEDConsidering that it is desirable to amendthe Convention for the Unification <strong>of</strong> CertainRules Relating to International Carriage by Airsigned at Warsaw on 12 October 1929 asamended by the Protocol done at The Hagueon 28 September 1955.Have agreed as follows:CHAPTER IAMENDMENTS TO THECONVENTIONArticle IThe Convention which the provisions <strong>of</strong>the present Chapter modify is the WarsawConvention as amended at The Hague in 1955.Article IIIn Article 2 <strong>of</strong> the Convention —Paragraph 2 shall be deleted and replacedby the following :—“2. In the carriage <strong>of</strong> postal items the carriershall be liable only to the relevant postaladministration in accordance with the rulesapplicable to the relationship between thecarriers and the postal administrations.3. Except as provided in paragraph 2 <strong>of</strong> thisArticle, the provisions <strong>of</strong> this Convention shallnot apply to the carriage <strong>of</strong> postal items.”Article IIIIn Chapter II <strong>of</strong> the Convention —Section III (Articles 5 to 16) shall be deletedand replaced by the following :—“ Section III.— Documentation relating to cargoARTICLE 51. In respect <strong>of</strong> the carriage <strong>of</strong> cargo an airway bill shall be delivered.2. Any other means which would preservea record <strong>of</strong> the carriage to be performed may,with the consent <strong>of</strong> the consignor, be substitutedfor the delivery <strong>of</strong> an air way bill. If such othermeans are used, the carrier shall, if so requestedby the consignor, deliver to the consignor areceipt for the cargo permitting identification<strong>of</strong> the consignment and access to theinformation contained in the record preservedby such other means.* Entered into force.on 14 June, 1998.As on 30 June, 2003 there are only 52 contracting States party to it.India has not ratified it.
CHAP. XII THE MONTREAL PROTOCOL NO. 4, 1975983. The impossibility <strong>of</strong> using, at points <strong>of</strong>transit and destination, the other means whichwould preserve the record <strong>of</strong> the carriagereferred to in paragraph 2 <strong>of</strong> this Article doesnot entitle the carrier to refuse to accept thecargo for carriage.Article 61. The air way bill shall be made out by theconsignor in three original parts.2. The first part shall be marked “for thecarrier”; it shall be signed by the consignor.The second part shall be marked “for theconsignee”; it shall be signed by the consignorand by the carrier. The third part shall besigned by the carrier and handed by him to theconsignor after the cargo has been accepted.3. The signature <strong>of</strong> the carrier and that <strong>of</strong>the consignor may be printed or stamped.4. If, at the request <strong>of</strong> the consignor, thecarrier makes out the air waybill, he shall bedeemed, subject to pro<strong>of</strong> to the contrary, tohave done so on behalf <strong>of</strong> the consignor.Article 7When there is more than one package:(a) the carrier <strong>of</strong> cargo has the right torequire the consignor to make outseparate air waybills;(b) the consignor has the right to requirethe carrier to deliver separate receiptswhen the other means referred to inparagraph 2 <strong>of</strong> Article 5 are used.Article 8The air waybill and the receipt for the cargoshall contain:(a) an indication <strong>of</strong> the places <strong>of</strong> departureand destination;(b) if the places <strong>of</strong> departure and destinationare within the territory <strong>of</strong> a single HighContracting Party, one or more agreedstopping places being within the territory<strong>of</strong> another State, an indication <strong>of</strong> atleast one such stopping place; and(c) an indication <strong>of</strong> the weight <strong>of</strong> theconsignment.Article 9Non-compliance with the provisions <strong>of</strong>Article 5 to 8 shall not affect the existence orthe validity <strong>of</strong> the contract <strong>of</strong> carriage, whichshall, none the less, be subject to the rules <strong>of</strong>this Convention including those relating tolimitation <strong>of</strong> liability.Article 101. The consignor is responsible for thecorrectness <strong>of</strong> the particulars and statementsrelating to the cargo inserted by him or on hisbehalf in the air waybill or furnished by him oron his behalf to the carrier for insertion in thereceipt for the cargo or for insertion in therecord preserved by the other means referredto in paragraph 2 <strong>of</strong> Article 5.2. The consignor shall indemnify thecarrier against all damage suffered by him, orby any other person to whom the carrier isliable, by reason <strong>of</strong> the irregularity,incorrectness or incompleteness <strong>of</strong> theparticulars and statements furnished by theconsignor or on his behalf.3. Subject to the provisions <strong>of</strong> paragraphs1 and 2 <strong>of</strong> this Article, the carrier shallindemnify the consignor against all damagesuffered by him, or by any other person towhom the consignor is liable, by reason <strong>of</strong> theirregularity, incorrectness or incompleteness<strong>of</strong> the particulars and statements inserted bythe carrier or on his behalf in the receipt for thecargo or in the record preserved by the othermeans referred to in paragraph 2 <strong>of</strong> Article 5.Article 111. The air waybill or the receipt for thecargo is prima facie evidence <strong>of</strong> the conclusion<strong>of</strong> the contract, <strong>of</strong> the acceptance <strong>of</strong> the cargoand <strong>of</strong> the conditions <strong>of</strong> carriage mentionedtherein.2. Any statement in the air waybill or thereceipt for the cargo relating to the weight,
99THE MONTREAL PROTOCOL NO. 4, 1975CHAP. XIIdimensions and packing <strong>of</strong> the cargo, as wellas those relating to the number <strong>of</strong> packages,are prima facie evidence <strong>of</strong> the facts stated;those relating to the quantity, volume andcondition <strong>of</strong> the cargo do not constituteevidence against the carrier except so far asthey both have been , and stated in the airwaybill to have been, checked by him in thepresence <strong>of</strong> the consignor, or relate to theapparent condition <strong>of</strong> the cargo.Article 121. Subject to his liability to carry out allhis obligations under the contract <strong>of</strong> carriage,the consignor has the right to dispose <strong>of</strong> thecargo by withdrawing it at the airport <strong>of</strong>departure or destination, or by stoping it in thecourse <strong>of</strong> the journey on any landing, or bycalling for it to be delivered at the place <strong>of</strong>destination or in the course <strong>of</strong> the journey to aperson other than the consignee originallydesignated, or by requiring it to be returned tothe airport <strong>of</strong> departure. He must not exercisethis right <strong>of</strong> disposition in such a way as toprejudice the carrier or other consignors andhe must repay any expenses occasioned by theexercise <strong>of</strong> this right.2. If it is impossible to carry out the orders<strong>of</strong> the consignor the carrier must so inform himforthwith.3. If the carrier obeys the orders <strong>of</strong> theconsignor for the disposition <strong>of</strong> the cargowithout requiring the production <strong>of</strong> the part <strong>of</strong>the air waybill or the receipt for the cargodelivered to the latter, he will be liable, withoutprejudice to his right <strong>of</strong> recovery from theconsignor, for any damage which may be causedthereby to any person who is lawfully inpossession <strong>of</strong> that part <strong>of</strong> the air waybill or thereceipt for the cargo.4. The right conferred on the consignorceases at the moment when that <strong>of</strong> the consigneebegins in accordance with Article 13.Nevertheless, if the consignee declines to acceptthe cargo, or if he cannot be communicatedwith, the consignor resumes his right <strong>of</strong>disposition.Article 131. Except when the consignor has exercisedhis right under Article 12, the consignee isentitled, on arrival <strong>of</strong> the cargo at the place <strong>of</strong>destination, to require the carrier to deliver thecargo to him, on payment <strong>of</strong> the charges dueand on complying with the conditions <strong>of</strong>carriage.2. Unless it is otherwise agreed, it is theduty <strong>of</strong> the carrier to give notice to the consigneeas soon as the cargo arrives.3. If the carrier admits the loss <strong>of</strong> the cargo,or if the cargo has not arrived at the expiration<strong>of</strong> seven days after the date on which it oughtto have arrived, the consignee is entitled toenforce against the carrier the rights whichflow from the contract <strong>of</strong> carriage.Article 14The consignor and the consignee canrespectively enforce all the rights given themby Articles 12 and 13, each in his own name,whether he is acting in his own interest or inthe interest <strong>of</strong> another, provided that he carriesout the obligations imposed by the contract <strong>of</strong>carriage.Article 151. Articles 12, 13 and 14 do not affecteither the relations <strong>of</strong> the consignor and theconsignee with each other or the mutualrelations <strong>of</strong> third parties whose rights arederived either from the consignor or from theconsignee.2. The provisions <strong>of</strong> Articles 12, 13 and 14can only be varied by express provision in theair waybill or the receipt for the cargo.Article 161. The consignor must furnish suchinformation and such documents as arenecessary to meet the formalities <strong>of</strong> customs,octroi or police before the cargo can bedelivered to the consignee. The consignor isliable to the carrier for any damage occasionedby the absence, insufficiency or irregularity <strong>of</strong>any such information or documents, unless the
100CHAP. XII THE MONTREAL PROTOCOL NO. 4, 1975damage is due to the fault <strong>of</strong> the carrier, hisservants or agents.2. The carrier is under no obligation toenquire into the correctness or sufficiency <strong>of</strong>such information or documents.”Article IVArticle 18 <strong>of</strong> the Convention shall be deletedand replaced by the following :—“Article 181. The carrier is liable for damage sustainedin the event <strong>of</strong> the destruction or loss <strong>of</strong>, ordamage to, any registered baggage, if theoccurrence which caused the damage sosustained took place during the carriage byair.2. The carrier is liable for damage sustainedin the event <strong>of</strong> the destruction or loss <strong>of</strong>, ordamage to, cargo upon condition only that theoccurrence which caused the damage sosustained took place during the carriage by air.3. However, the carrier is not liable if heproves that the destruction, loss <strong>of</strong>, or damageto, the cargo resulted solely from one or more<strong>of</strong> the following :(a) inherent defect, quality or vice <strong>of</strong> thatcargo;(b) defective packing <strong>of</strong> that cargoperformed by a person other than thecarrier or his servants or agents;(c) an act <strong>of</strong> war or an armed conflict;(d) an act <strong>of</strong> public authority carried out inconnection with the entry, exit or transit<strong>of</strong> the cargo.4. The carriage by air within the meaning<strong>of</strong> the preceding paragraphs <strong>of</strong> this Articlecomprises the period during which the baggageor cargo is in the charge <strong>of</strong> the carrier, whetherin an airport or on board an aircraft, or in thecase <strong>of</strong> a landing outside an airport, in anyplace whatsoever.5. The period <strong>of</strong> the carriage by air doesnot extend to any carriage by land, by sea or byriver performed outside an airport. If, however,such carriage takes place in the performance<strong>of</strong> a contract for carriage by air, for the purpose<strong>of</strong> loading, delivery or transhipment, anydamage is presumed, subject to pro<strong>of</strong> to thecontrary, to have been the result <strong>of</strong> an eventwhich took place during the carriage by air.”Article VArticle 20 <strong>of</strong> the Convention shall be deletedand replaced by the following:–“Article 20In the carriage <strong>of</strong> passengers and baggage,and in the case <strong>of</strong> damage occasioned by delayin the carriage <strong>of</strong> cargo, the carrier shall not beliable if he proves that he and his servants andagents have taken all necessary measures toavoid the damage or that it was impossible forthem to take such measures.”Article VIArticle 21 <strong>of</strong> the Convention shall be deletedand replaced by the following:–“Article 211. In the carriage <strong>of</strong> passengers and baggage,if the carrier proves that the damage wascaused by or contributed to by the negligence<strong>of</strong> the person suffering the damage the Courtmay, in accordance with the provisions <strong>of</strong> itsown law, exonerate the carrier wholly or partlyfrom his liability.2. In the carriage <strong>of</strong> cargo, if the carrierproves that the damage was caused by orcontributed to by the negligence or otherwrongful act or omission <strong>of</strong> the person claimingcompensation, or the person from whom hederives his rights, the carrier shall be wholly orpartly exonerated from his liability to theclaimant to the extent that such negligence orwrongful act or omission caused or contributedto the damage.”Article VIIIn Article 22 <strong>of</strong> the Convention –(a) in paragraph 2 a) the words “and <strong>of</strong>cargo” shall be deleted.
101THE MONTREAL PROTOCOL NO. 4, 1975CHAP. XII(b) after paragraph 2 a) the followingparagraph shall be inserted:–“b) In the carriage <strong>of</strong> cargo, the liability<strong>of</strong> the carrier is limited to a sum <strong>of</strong>17 Special Drawing Rights perkilogramme, unless the consignorhas made, at the time when thepackage was handed over to thecarrier, a special declaration <strong>of</strong>interest in delivery at destinationand has paid a supplementary sumif the case so requires. In that casethe carrier will be liable to pay asum not exceeding the declared sum,unless he proves that the sum isgreater than the consignor’s actualinterest in delivery at destination.”(c) paragraph 2 b) shall be designated asparagraph 2c).(d) after paragraph 5 the followingparagraph shall be inserted:–“6. The sums mentioned in terms <strong>of</strong>the Special Drawing Right in thisArticle shall be deemed to refer tothe Special Drawing Right asdefined by the InternationalMonetary Fund. Conversion <strong>of</strong> thesums into national currencies shall,in case <strong>of</strong> judicial proceedings, bemade according to the value <strong>of</strong>such currencies in terms <strong>of</strong> theSpecial Drawing Right at the date<strong>of</strong> the judgment. The value <strong>of</strong> anational currency, in terms <strong>of</strong> theSpecial Drawing Right, <strong>of</strong> a HighContracting Party which is aMember <strong>of</strong> the InternationalMonetary Fund, shall be calculatedin accordance with the method <strong>of</strong>valuation applied by theInternational Monetary Fund, ineffect at the date <strong>of</strong> the judgment,for its operations and transactions.The value <strong>of</strong> a national currency, interms <strong>of</strong> the Special Drawing Right,<strong>of</strong> a High Contracting Party whichis not a Member <strong>of</strong> the InternationalMonetary Fund, shall be calculatedin a manner determined by that HighContracting Party.Nevertheless, those States which are notMembers <strong>of</strong> the International Monetary Fundand whose law does not permit the application<strong>of</strong> the provisions <strong>of</strong> paragraph 2 b) <strong>of</strong> Article22 may, at the time <strong>of</strong> ratification or accessionor at any time thereafter, declare that the limit<strong>of</strong> liability <strong>of</strong> the carrier in judicial proceedingsin their territories is fixed at a sum <strong>of</strong> twohundred and fifty monetary units perkilogramme. This monetary unit correspondsto sixty-five and a half milligrammes <strong>of</strong> gold <strong>of</strong>millesimal fineness nine hundred. This summay be converted into the national currencyconcerned in round figures. The conversion <strong>of</strong>this sum into the national currency shall bemade according to the law <strong>of</strong> the Stateconcerned.”Article VIIIArticle 24 <strong>of</strong> the Convention shall be deletedand replaced by the following:–“Article 241. In the carriage <strong>of</strong> passengers and baggage,any action for damages, however founded, canonly be brought subject to the conditions andlimits set out in this Convention, withoutprejudice to the questions as to who are thepersons who have the right to bring suit andwhat are their respective rights.2. In the carriage <strong>of</strong> cargo, any action fordamages, however founded, whether under thisConvention or in contract or in tort or otherwise,can only be brought subject to the conditionsand limits <strong>of</strong> liability set out in this Conventionwithout prejudice to the question as to who arethe persons who have the right to bring suitand what are their respective rights. Such limits<strong>of</strong> liability constitute maximum limits and maymot be exceeded whatever the circumstanceswhich gave rise to the liability.”
102CHAP. XII THE MONTREAL PROTOCOL NO. 4, 1975Article IXArticle 25 <strong>of</strong> the Convention shall be deletedand replaced by the following:–“Article 25In the carriage <strong>of</strong> passengers and baggage,the limits <strong>of</strong> liability specified in Article 22shall not apply if it is proved that the damageresulted from an act or omission <strong>of</strong> the carrier,his servants or agents, done with intent tocause damage or recklessly and with knowledgethat damage would probably result; providedthat, in the case <strong>of</strong> such act or omission <strong>of</strong> aservant or agent, it is also proved that he wasacting within the scope <strong>of</strong> his employment.”Article XIn Article 25 A <strong>of</strong> the Convention —paragraph 3 shall be deleted and replacedby the following:–“3. In the carriage <strong>of</strong> passengers andbaggage, the provisions <strong>of</strong> paragraphs 1 and 2<strong>of</strong> this Article shall not apply if it is provedthat the damage resulted from an act or omission<strong>of</strong> the servant or agent done with intent tocause damage or recklessly and with knowledgethat damage would probably result.”Article XIAfter Article 30 <strong>of</strong> the Convention, thefollowing Article shall be inserted:–“Article 30 ANothing in this Convention shall prejudicethe question whether a person liable for damagein accordance with its provisions has a right <strong>of</strong>recourse against any other person.”Article XIIArticle 33 <strong>of</strong> the Convention shall be deletedand replaced by the following:–“Article 33Except as provided in paragraph 3 <strong>of</strong> Article5, nothing in this Convention shall prevent thecarrier either from refusing to enter into anycontract <strong>of</strong> carriage or from making regulationswhich do not conflict with the provisions <strong>of</strong>this Convention.”Article XIIIArticle 34 <strong>of</strong> the Convention shall be deletedand replaced by the following:–“Article 34The provisions <strong>of</strong> Article 3 to 8 inclusiverelating to documents <strong>of</strong> carriage shall notapply in the case <strong>of</strong> carriage performed inextraordinary circumstances outside the normalscope <strong>of</strong> an air carrier’s business.”CHAPTER IISCOPE OF APPLICATION OFTHE CONVENTION ASAMENDEDArticle XIVThe Warsaw Convention as amended atThe Hague in 1955 and by this Protocol shallapply to international carriage as defined inArticle 1 <strong>of</strong> the Convention, provided that theplaces <strong>of</strong> departure and destination referred toin that Article are situated either in theterritories <strong>of</strong> two Parties to this Protocol orwithin the territory <strong>of</strong> a single Party to thisProtocol with an agreed stopping place in theterritory <strong>of</strong> another State.CHAPTER IIIFINAL CLAUSESArticle XVAs between the Parties to this Protocol, theWarsaw Convention as amended at The Haguein 1955 and this Protocol shall be read andinterpreted together as one single instrumentand shall be known as the Warsaw Conventionas amended at The Hague, 1955, and byProtocol No. 4 <strong>of</strong> Montreal, 1975.Article XVIUntil the date on which this Protocol comesinto force in accordance with the provisions <strong>of</strong>Article XVIII, it shall remain open for signatureby any State.
Article XVII1. This Protocol shall be subject toratification by the signatory States.2. Ratification <strong>of</strong> this Protocol by any Statewhich is not a Party to the Warsaw Conventionor by any State which is not a Party to theWarsaw Convention as amended at The Hague,1955, shall have the effect <strong>of</strong> accession to theWarsaw Convention as amended at The Hague,1955, and by Protocol No. 4 <strong>of</strong> Montreal,1975.3. The instruments <strong>of</strong> ratification shall bedeposited with the Government <strong>of</strong> the PolishPeople’s Republic.ARTICLE XVIII1. As soon as thirty signatory States havedeposited their instruments <strong>of</strong> ratification <strong>of</strong>this Protocol, it shall come into force betweenthem on the ninetieth day after the deposit <strong>of</strong>the thirtieth instrument <strong>of</strong> ratification. It shallcome into force for each State ratifyingthereafter on the ninetieth day after the deposit<strong>of</strong> its instrument <strong>of</strong> ratification.2. As soon as this protocol comes int<strong>of</strong>orce it shall be registered with the UnitedNations by the Government <strong>of</strong> the PolishPeople’s Republic.Article XIX1. This Protocol, after it has come int<strong>of</strong>orce, shall be open for accession by any nonsignatoryState.2. Accession to this Protocol by any Statewhich is not a Party to the Warsaw Conventionor by any State which is not a Party to theWarsaw Convention as amended at The Hague,1955, shall have the effect <strong>of</strong> accession to theWarsaw Convention as amended at The Hague,1955, and by Protocol No. 4 <strong>of</strong> Montreal,1975.3. Accession shall be effected by the deposit<strong>of</strong> an instrument <strong>of</strong> accession with theGovernment <strong>of</strong> the Polish People’s Republic103MONTREAL PROTOCOL NO. 4, 1975and shall take effect on the ninetieth day afterthe deposit.Article XX1. Any Party to this Protocol may denouncethe protocol by notification addressed to theGovernment <strong>of</strong> the Polish People’s Republic.2. Denunciation shall take effect six monthsafter the date <strong>of</strong> receipt by the Government <strong>of</strong>the Polish people’s Republic <strong>of</strong> the notification<strong>of</strong> denunciation.3. As between the Parties to this protocol,denunciation by any <strong>of</strong> them <strong>of</strong> the WarsawConvention in accordance with Article 39there<strong>of</strong> or <strong>of</strong> The Hague Protocol in accordancewith Article XXIV there<strong>of</strong> shall not beconstrued in any way as a denunciation <strong>of</strong> theWarsaw Convention as amended at The Hague,1955, and by Protocol No. 4 <strong>of</strong> Montreal,1975.Article XXICHAP. XII1. Only the following reservations may bemade to this Protocol:—(a) a State may at any time declare by anotification addressed to theGovernment <strong>of</strong> the Polish People’sRepublic that the Warsaw Conventionas amended at The Hague, 1955, andby Protocol No. 4 <strong>of</strong> Montreal, 1975,shall not apply to the carriage <strong>of</strong> persons,baggage and cargo for its militaryauthorities on aircraft, registered in thatState, the whole capacity <strong>of</strong> which hasbeen reserved by or on behalf <strong>of</strong> suchauthorities; and(b) any State may declare at the time <strong>of</strong>ratification <strong>of</strong> or accession to theAdditional Protocol No. 3 <strong>of</strong> Montreal,1975, or at any time thereafter, that it isnot bound by the provisions <strong>of</strong> theWarsaw Convention as amended atThe Hague, 1955, and by Protocol No.4 <strong>of</strong> Montreal, 1975, in so far as theyrelate to the carriage <strong>of</strong> passengers and
104CHAP. XII THE MONTREAL PROTOCOL NO. 4, 1975baggage. Such declaration shal haveeffect ninety days after the date <strong>of</strong> receipt<strong>of</strong> the declaration by the Government <strong>of</strong>the Polish People’s Republic.2. Any State having made a reservation inaccordance with the preceding paragraph mayat any time withdraw such reservation bynotification to the Government <strong>of</strong> the PolishPeople’s Republic.Article XXIIThe Government <strong>of</strong> the Polish People’sRepublic shall promptly inform all States Partiesto the Warsaw Convention or to thatConvention as amended, all signatory oracceding States to the present Protocol, as wellas the International <strong>Civil</strong> <strong>Aviation</strong>Organization, <strong>of</strong> the date <strong>of</strong> each signature, thedate <strong>of</strong> deposit <strong>of</strong> each instrument <strong>of</strong> ratificationor accession, the date <strong>of</strong> coming into force <strong>of</strong>this Protocol, and other relevant information.Article XXIIIAs between the Parties to this Protocolwhich are also Parties to the Convention,Supplementary to the Warsaw Convention, forthe Unification <strong>of</strong> Certain Rules relating toInternational Carriage by Air performed by aperson other than the Contracting Carrier,signed at Guadalajara on 18 September 1961(hereinafter referred to as the “GuadalajaraConvention”) any reference to the “WarsawConvention” contained in the GuadalajaraConvention shall include reference to theWarsaw Convention as amended at The Hague,1955, and by Protocol No. 4 <strong>of</strong> Montreal,1975, in cases where the carriage under theagreement referred to in Article 1, paragraphb) <strong>of</strong> the Guadalajara Convention is governedby this Protocol.Article XXIVIf two or more States are Parties both to thisProtocol and to the Guatemala City Protocol,1971, or to the Additional Protocol No. 3 <strong>of</strong>Montreal, 1975, the following rules shall applybetween them:(a) the provisions resulting from the systemestablished by this Protocol, concerningcargo and postal items, shall prevailover the provisions resulting from thesystem established by the GuatemalaCity Protocol, 1971, or by the AdditionalProtocol No. 3 <strong>of</strong> Montreal, 1975;(b) the provisions resulting from the systemestablished by the Guatemala CityProtocol, 1971, or by the AdditionalProtocol No. 3 <strong>of</strong> Montreal, 1975,concerning passengers and baggage,shall prevail over the provisionsresulting from the system establishedby this protocol.Article XXVThis Protocol shall remain open forsignature until 1 January 1976 at theHeadquarters <strong>of</strong> the International <strong>Civil</strong> <strong>Aviation</strong>Organization and thereafter until it comes int<strong>of</strong>orce in accordance with Article XVIII at theMinistry for Foreign Affairs <strong>of</strong> the PolishPeople’s Republic. The International <strong>Civil</strong><strong>Aviation</strong> Organization shall promptly informthe Government <strong>of</strong> the Polish People’s Republic<strong>of</strong> any signature and the date there<strong>of</strong> duringthe time that the Protocol shall be open forsignature at the Headquarters <strong>of</strong> theInternational <strong>Civil</strong> <strong>Aviation</strong> Organization.IN WITNESS WHEREOF the undersignedPlenipotentiaries, having been duly authorized,have signed this Protocol.DONE AT MONTREAL on the twentyfifthday <strong>of</strong> September <strong>of</strong> the year One ThousandNine Hundred and Seventy-five in fourauthentic texts in the English, French, Russianand Spanish languages. In the case <strong>of</strong> anyinconsistency, the text in the French language,in which language the Warsaw Convention <strong>of</strong>12 October 1929 was drawn up, shall prevail.
105CHAPTER XIIICONVENTION SIGNED AT GUADALAJARA ON 18THSEPTEMBER, 1961, SUPPLEMENTARY TO THE WARSAWCONVENTION FOR THE UNIFICATION OF CERTAINRULES RELATING TO INTERNATIONAL CARRIAGE BYAIR PERFORMED BY A PERSON OTHER THANTHE CONTRACTING CARRIER(THE GUADALAJARA CONVENTION, 1961)
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107THE GUADALAJARA CONVENTION, 1961CHAP. XIIICHAPTER XIIICONVENTION SIGNED AT GUADALAJARA ON 18THSEPTEMBER, 1961, SUPPLEMENTARY TO THE WARSAWCONVENTION, FOR THE UNIFICATION OF CERTAINRULES RELATING TO INTERNATIONAL CARRIAGE BYAIR PERFORMED BY A PERSON OTHER THANTHE CONTRACTING CARRIER *(THE GUADALAJARA CONVENTION, 1961)THE STATES SIGNATORY TO THEPRESENT CONVENTIONNothing that the Warsaw Convention doesnot contain particular rules relating tointernational carriage by air performed by aperson who is not a party to the agreement forcarriage.CONSIDERING that it is thereforedesirable to formulate rules to apply in suchcircumstances.Have agreed as follows :Article IIn this Convention :(a) “Warsaw Convention “means theConvention for the Unification <strong>of</strong>Certain Rules Relating to InternationalCarriage by Air signed at Warsaw on 12October 1929, or the warsawConvention as amended at The Hague,1955, according to whether the carriageunder the agreement referred to inparagraph (b) is governed by the one orby the other;(b) “contracting carrier” means a personwho as a principal makes an agreementfor carriage governed by the WarsawConvention with a passenger orconsignor or with a person acting onbehalf <strong>of</strong> the passenger or consignor;(c) “actual carrier” means a person, otherthan the contracting carrier, who, byvirtue <strong>of</strong> authority from the contractingcarrier, performs the whole or part <strong>of</strong>the carriage contemplated in paragraph(b) but who is not with respect to suchpart a successive carrier within themeaning <strong>of</strong> the Warsaw Convention.Such authority is presumed in theabsence <strong>of</strong> pro<strong>of</strong> to the contrary.Article IIIf an actual carrier performs the whole orpart <strong>of</strong> carriage which, according to theagreement referred to in Article I, paragraph(b), is governed by the Warsaw Convention,both the contracting carrier and the actualcarrier shall except, otherwise provided in thisConvention, be subject to the rules <strong>of</strong> theWarsaw Convention, the former for the whole<strong>of</strong> the carriage contemplated in the agreement,the latter solely for the carriage which heperforms.* Entered into force.on 1 May, 1964.As on 30 June, 2003 there are only 82 contracting States party to it.India has not ratified it.
Article III1. The acts and omissions <strong>of</strong> the actualcarrier and <strong>of</strong> his servants and agents actingwithin the scope <strong>of</strong> their employment shall, inrelation to the carriage performed by the actualcarrier, be deemed to be also those <strong>of</strong> thecontracting carrier.2. The acts and omissions <strong>of</strong> thecontracting carrier and <strong>of</strong> his servants andagents acting within the scope <strong>of</strong> theiremployment shall, in relation to the carriageperformed by the actual carrier, be deemed tobe also those <strong>of</strong> the actual carrier. Nevertheless,no such act or omission shall subject the actualcarrier to liability exceeding the limits specifiedin Article 22 <strong>of</strong> the Warsaw Convention. Anyspecial agreement under which the contractingcarrier assumes obligations not imposed bythe Warsaw Convention or any waiver <strong>of</strong> rightsconferred by that Convention or any specialdeclaration <strong>of</strong> interest in delivery at destinationcontemplated in Article 22 <strong>of</strong> the saidConvention, shall not affect the actual carrierunless agreed to by him.Article IVAny complaint to be made or order to begiven under the Warsaw Convention to thecarrier shall have the same effect whetheraddressed to the contracting carrier or to theactual carrier. Nevertheless, orders referred toin Article 12 <strong>of</strong> the Warsaw Convention shallonly be effective if addressed to the contractingcarrier.Article VIn relation to the carriage performed by theactual carrier, any servant or agent <strong>of</strong> thatcarrier or <strong>of</strong> the contracting carrier shall, if heproves that he acted within the scope <strong>of</strong> hisemployment, be entitled to avail himself <strong>of</strong> thelimits <strong>of</strong> liability which are applicable underthis Convention to the carrier whose servant oragent he is unless it is proved that he acted ina manner which under the Warsaw Convention,prevents the limits <strong>of</strong> liability from beinginvoked.108CHAP. XIII THE GUADALAJARA CONVENTION, 1961Article VIIn relation to the carriage performed by theactual carrier the aggregate <strong>of</strong> amountsrecoverable from that carrier and the contractingcarrier, and from their servants and agentsacting within the scope <strong>of</strong> their employment,shall not exceed the highest amount whichcould be awarded against either the contractingcarrier or the actual carrier under thisConvention, but none <strong>of</strong> the persons mentionedshall be liable for a sum in excess <strong>of</strong> the limitapplicable to him.Article VIIIn relation to the carriage performed by theactual carrier, an action for damages may bebrought, at the option <strong>of</strong> the plaintiff, againstthat carrier or the contracing carrier, or againstboth together or separately. If the action isbrought against only one <strong>of</strong> those carriers, thatcarrier shall have the right to require the othercarrier to be joined in the proceedings, theprocedure and effects being governed by thelaw <strong>of</strong> the court seized <strong>of</strong> the case.Article VIIIAny action for damages contemplated inArticle VII <strong>of</strong> this Convention must be brought,at the option <strong>of</strong> the plaintiff, either before acourt in which an action may be brought againstthe contracting carrier, as provided in Article28 <strong>of</strong> the Warsaw Convention, or before thecourt having jurisdiction at the place wherethe actual carrier is ordinarily resident or hashis principal place <strong>of</strong> business.Article IX1. Any contractual provision tending torelieve the contracting carrier or the actualcarrier <strong>of</strong> liability under this Convention or t<strong>of</strong>ix a lower limit than that which is applicableaccording to this Convention shall be null andvoid, but the nullity <strong>of</strong> any such provisiondoes not involve the nullity <strong>of</strong> the wholeagreement, which shall remain subject to theprovisions <strong>of</strong> this Convention.
109GUADALAJARA CONVENTION, 1961CHAP. XIII2. In respect <strong>of</strong> the carriage performed bythe actual carrier, the preceding paragraph shallnot apply to contractual provisions governingloss or damage resulting from the inherentdefect, quality or vice <strong>of</strong> the cargo carried.3. Any clause contained in an agreementfor carriage and all special agreements enteredinto before the damage occurred by which theparties purport to infringe the rules laid downby this Convention, whether by deciding thelaw to be applied, or by altering the rules as tojurisdiction, shall be null and void.Nevertheless, for the carriage <strong>of</strong> cargoarbitration clauses are allowed, subject to thisConvention, if the arbitration is to take placein one <strong>of</strong> the jurisdictions referred to in ArticleVIII.Article XExcept as provided in Article VII, nothingin this Convention shall affect the rights andobligations <strong>of</strong> the two carriers betweenthemselves.Article XIUntil the date on which this Conventioncomes into force in accordance with theprovisions <strong>of</strong> Article XIII, it shall remain openfor signature on behalf <strong>of</strong> any State which atthat date is a Member <strong>of</strong> the United Nations or<strong>of</strong> any <strong>of</strong> the Specialized Agencies.Article XII1. This Convention shall be subject toratification by the signatory States.2. The instruments <strong>of</strong> ratification shall bedeposited with the Government <strong>of</strong> the UnitedStates <strong>of</strong> Mexico.Article XIII1. As soon as five <strong>of</strong> the signatory Stateshave deposited their instruments <strong>of</strong> ratification<strong>of</strong> this Convention, it shall come into forcebetween them on the ninetieth day after thedate <strong>of</strong> the deposit <strong>of</strong> the fifth instrument <strong>of</strong>ratification. It shall come into force for eachState ratifying thereafter on the ninetieth dayafter the deposit <strong>of</strong> its instrument <strong>of</strong> ratification.2. As soon as this Convention comes int<strong>of</strong>orce, it shall be registered with the UnitedNations and the International <strong>Civil</strong> <strong>Aviation</strong>Organization by the Government <strong>of</strong> the UnitedStates <strong>of</strong> Mexico.Article XIV1. This Convention shall, after it has comeinto force, be open for accession by any StateMember <strong>of</strong> the United Nations or <strong>of</strong> any <strong>of</strong> theSpecialized Agencies.2. The accession <strong>of</strong> a State shall be effectedby the deposit <strong>of</strong> an instrument <strong>of</strong> accessionwith the Government <strong>of</strong> the United States <strong>of</strong>Mexico and shall take effect as from theninetieth day after the date <strong>of</strong> such deposit.Article XV1. Any Contracting State may denouncethis Covention by notification addressed toGovernment <strong>of</strong> the United States <strong>of</strong> Mexico.2. Denunciation shall take effect sixmonths after the date <strong>of</strong> receipt by theGovernment <strong>of</strong> the United States <strong>of</strong> Mexico <strong>of</strong>the notification <strong>of</strong> denunciation.Article XVI1. Any Contracting State may at the time<strong>of</strong> its ratification <strong>of</strong> or accession to thisConvention or at any time thereafter declareby notification to the Government <strong>of</strong> the UnitedStates <strong>of</strong> Mexico that the Convention shallextend to any <strong>of</strong> the territories for whoseinternational relations it is responsible.2. The Convention shall, ninety days afterthe date <strong>of</strong> the receipt <strong>of</strong> such notification bythe Government <strong>of</strong> the United States <strong>of</strong> Mexico,extend to the territories names herein.3. Any Contracting State may denouncethis Convention, in accordance with theprovisions <strong>of</strong> Article XV, separately for any orall <strong>of</strong> the territories for the internationalrelations <strong>of</strong> which such State is responsible.
Article XVIINo reservation may be made to thisConvention.Article XVIIIThe Government <strong>of</strong> the United States <strong>of</strong>Mexico shall give notice to the International<strong>Civil</strong> <strong>Aviation</strong> Organization and to all StatesMembers <strong>of</strong> the United Nations or <strong>of</strong> any <strong>of</strong> theSpecialized Agencies :(a) <strong>of</strong> any signature <strong>of</strong> this convention andthe date there<strong>of</strong>;(b) <strong>of</strong> the deposit <strong>of</strong> any instrument <strong>of</strong>ratification or accession and the datethere<strong>of</strong>;(c) <strong>of</strong> the date on which this Conventioncomes into force in accordance withArticle XIII, paragraph 1;(d) <strong>of</strong> the receipt <strong>of</strong> any notification <strong>of</strong>denunciation and the date there<strong>of</strong>;(e) <strong>of</strong> the receipt <strong>of</strong> any declaration or110CHAP. XIII GUADALAJARA CONVENTION, 1961notification made under Article XVI andthe date there<strong>of</strong>.IN WITNESS WHEREOF the undersignedPlenipotentiaries, having been duly authorizedhave signed this Convention.DONE at Gaudalajara on the eighteenthday <strong>of</strong> September, One Thousand Nine Hundredand Sixty-one in three authentic texts drawnup in the English, French and Spanishlanguages. In case <strong>of</strong> any inconsistency, thetext in the French language, in which languagethe Warsaw Convention <strong>of</strong> 12 October 1929was drawn up, shall prevail. The Government<strong>of</strong> the United States <strong>of</strong> Mexico will establishan <strong>of</strong>ficial translation <strong>of</strong> the text <strong>of</strong> theConvention in the Russian language.The Convention shall be deposited withthe Government <strong>of</strong> the United States <strong>of</strong> Mexicowith which, in accordance with Article XI, itshall remain open for signature, and thatGovernment shall send certified copies there<strong>of</strong>to the International <strong>Civil</strong> <strong>Aviation</strong> Organizationand to all States Members <strong>of</strong> the United Nationsor <strong>of</strong> any Specialized Agency.
111CHAPTER XIVCONVENTION ON THE INTERNATIONALRECOGNITION OF RIGHTS IN <strong>AIRCRAFT</strong>SIGNED AT GENEVA ON 19TH JUNE, 1948(THE GENEVA CONVENTION, 1948)
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113THE GENEVA CONVENTION, 1948CHAP. XIVCHAPTER XIVCONVENTION ON THE INTERNATIONALRECOGNITION OF RIGHTS IN <strong>AIRCRAFT</strong>SIGNED AT GENEVA ON 19TH JUNE, 1948 *(THE GENEVA CONVENTION, 1948)Whereas the International <strong>Civil</strong> <strong>Aviation</strong>Conference, held at Chicago in November-December 1944, recommended the earlyadoption <strong>of</strong> a Convention dealing with thetransfer <strong>of</strong> title to aircraft.Whereas it is highly desirable in the interest<strong>of</strong> the future expansion <strong>of</strong> International <strong>Civil</strong><strong>Aviation</strong> that rights in aircraft be recognisedinternationally.The undersigned, duly authorized, HaveAgreed, on behalf <strong>of</strong> their respectiveGovernments, As follows :Article I1. The Contracting States undertake torecognise :(a) rights <strong>of</strong> property in aircraft;(b) rights to acquire aircraft by purchasecoupled with possession <strong>of</strong> the aircraft;(c) rights to possession <strong>of</strong> aircraft underleases <strong>of</strong> six months or more;(d) mortgages, hypotheques and similarrights in aircraft which are contractuallycreated as security for payment <strong>of</strong> anindebtedness:Provided that such rights(i) have been constituted in accordancewith the law <strong>of</strong> the Contracting State inwhich the aircraft was registered as tonationality at the time <strong>of</strong> theirconstitution, and(ii) are regularly recorded in a public record<strong>of</strong> the Contracting State in which theaircraft is registered as to nationality.The regularity <strong>of</strong> successive recordings indifferent Contracting States shall be determinedin accordance with the law <strong>of</strong> the State wherethe aircraft was registered as to nationality atthe time <strong>of</strong> each recording.2. Nothing in this Convention shall preventthe recognition <strong>of</strong> any rights in aircraft underthe law <strong>of</strong> any Contracting State; butContracting States shall not admit or recogniseany right as taking priority over the rightsmentioned in paragraph (1) <strong>of</strong> this Article.Article II1. All recording relating to a given aircraftmust appear in the same record.2. Except as otherwise provided in thisConvention, the effects <strong>of</strong> the recording <strong>of</strong> anyright mentioned in Article I, paragraph (1)with regard to third parties shall be determinedaccording to the law <strong>of</strong> the Contracting Statewhere it is recorded.3. A Contracting State may prohibit therecording <strong>of</strong> any right which cannot validly beconstituted according to its national law.* Entered into force.on 17 September, 1953.As on 30 June, 2003 there are only 87 contracting States party to it.India has not ratified it.
Article III1. The address <strong>of</strong> the authority responsiblefor maintaining the record must be shown onevery aircraft’s certificate <strong>of</strong> registration as tonationality.2. Any person shall be entitled to receivefrom the authority duly certified copies orextracts <strong>of</strong> the particulars recorded. Such copiesor extracts shall constitute prima facie evidence<strong>of</strong> the contents <strong>of</strong> the record.3. If the law <strong>of</strong> a Contracting State providesthat the filling <strong>of</strong> a document for recordingshall have the same effect as the recording, itshall have same effect for the purposes <strong>of</strong> thisConvention. In that case adequate provisionshall be made to ensue that such document isopen to the public.4. Reasonable charges may be made forservices performed by the authority maintainingthe record.Article IV1. In the event that any claims in respect<strong>of</strong>:(a) compensation due for salvage <strong>of</strong> theaircraft, or(b) extraordinary expensesindispensable for the preservation<strong>of</strong> the aircraft give rise, under thelaw <strong>of</strong> the Contracting State wherethe operations <strong>of</strong> salvage orpreservation were terminated, to aright conferring a charge againstthe aircraft, such right shall berecognised by Contracting Statesand shall take priority over all otherrights in the aircraft.2. The rights enumerated in paragraph (1)shall be satisfied in the inverse order <strong>of</strong> thedates <strong>of</strong> the incidents in connexion with whichthey have arisen.3. Any <strong>of</strong> the said rights may, within threemonths from the date <strong>of</strong> the termination <strong>of</strong> thesalvage or preservation operations, be notedon the record.114CHAP. XIV THE GENEVA CONVENTION, 19484. The said rights shall not be recognisedin other Contracting States after expiration <strong>of</strong>the three months mentioned in paragraph (3)unless, within this period;(a) the right has been noted on the recordin conformity with paragraph (3), and(b) the amount has been agreed upon orjudicial action on the right has beencommenced. As far as judicial action isconcerned, the law <strong>of</strong> the forum shalldetermine the contingencies upon whichthe three months period may beinterrupted or suspended.5. This article shall apply notwithstandingthe provisions <strong>of</strong> Article I, paragraph (2).Article VThe priority <strong>of</strong> a right mentioned in Article1, paragraph (1) (d), extends to all sums therebysecured. However, the amount <strong>of</strong> interestincluded shall not exceed that accrued duringthe three years prior to the executionproceedings together with that accrued duringthe execution proceedings.Article VIIn case <strong>of</strong> attachment or sale <strong>of</strong> an aircraftin execution, or <strong>of</strong> any right therein, theContracting States shall not be obliged torecognise, as against the attaching or executingcreditor or against the purchaser, any rightmentioned in Article I, paragraph (1), or thetransfer <strong>of</strong> any such right, if constituted oreffected with knowledge <strong>of</strong> the sale or executionproceedings by the person against whom theproceedings are directed.Article VII1. The proceedings <strong>of</strong> a sale <strong>of</strong> an aircraftin execution shall be determined by the law <strong>of</strong>the Contracting State where the sale takes place.2. The following provisions shall howeverbe observed:(a) The date and place <strong>of</strong> the sale shall befixed at least six weeks in advance.
115THE GENEVA CONVENTION, 1948CHAP. XIV(b) The executing creditor shall supply tothe Court or other competent authoritya certified extract <strong>of</strong> the recordingsconcerning the aircraft. He shall givepublic notice <strong>of</strong> the sale at the placewhere the aircraft is registered as tonationality, in accordance with the lawthere applicable, at least one monthbefore, the day fixed, and shallconcurrently notify by registered letter,if possible by air mail, the recordedowner and the holders <strong>of</strong> recorded rightsin the aircraft and <strong>of</strong> rights noted on therecord under Article IV, paragraph (3),according to their addresses as shownon the record.3. The consequences <strong>of</strong> failure to observethe requirements <strong>of</strong> paragraph (2) shall be asprovided by the law <strong>of</strong> the Contracting Statewhere the sale takes place. However, any saletaking place in contravention <strong>of</strong> therequirements <strong>of</strong> that paragraph may be annulledupon demand made, within six months fromthe date <strong>of</strong> the sale by any person sufferingdamage as the result <strong>of</strong> such contravention.4. No sale in execution can be effectedunless all rights having priority over the claim<strong>of</strong> the executing creditor in accordance withthis Convention which are established beforethe competent authority, are covered by theproceeds <strong>of</strong> sale or assumed by the purchaser.5. When injury or damage is caused topersons or property on the surface <strong>of</strong> theContracting State where the execution saletakes place by any aircraft subject to any rightreferred to in Article I held as security for anindebtedness, unless adequate and effectiveinsurance by a State or an insurance undertakingin any State has been provided by or on behalf<strong>of</strong> the operator to cover such injury or damage,the national law <strong>of</strong> such Contracting State mayprovide in case <strong>of</strong> the seizure <strong>of</strong> such aircraftor any other aircraft owned by the same personand encumbered with any similar right held bythe same creditor :(a) that the provisions <strong>of</strong> paragraph (4)above shall have no effects with regardto the person suffering such injury ordamage or his representative if he is anexecuting creditor;(b) that any right referred to in Article Iheld as security for an indebtednessencumbering the aircraft may not be setup against any person suffering suchinjury or damage or his representativein excess <strong>of</strong> an amount equal to 80% <strong>of</strong>the sale price.In the absence <strong>of</strong> other limit established bythe law <strong>of</strong> the Contracting State where theexecution sale takes place, the insurance shallbe considered adequate within the meaning <strong>of</strong>the present paragraph if the amount <strong>of</strong> theinsurance corresponds to the value when new<strong>of</strong> the aircraft seized in execution.6. Costs legally chargeable under the law<strong>of</strong> the Contracting State where the sale takesplace, which are incurred in the commoninterest <strong>of</strong> creditors in the course <strong>of</strong> executionproceedings leading to sale, shall be paid out<strong>of</strong> the proceeds <strong>of</strong> sale before any claims,including those given preference by ArticleIV.Article VIIISale <strong>of</strong> an aircraft in execution in conformitywith the provisions <strong>of</strong> Article VII shall effectthe transfer <strong>of</strong> the property in such aircraft freefrom all rights which are not assumed by thepurchaser.Article IXExcept in the case <strong>of</strong> a sale in execution inconformity with the provisions <strong>of</strong> Article VII,no transfer <strong>of</strong> an aircraft from the nationalityregister or the record <strong>of</strong> a Contracting State tothat <strong>of</strong> another Contracting State shall be made,unless all holders <strong>of</strong> recorded rights have beensatisfied or consent to the transfer.
Article X1. If a recorded right in an aircraft <strong>of</strong> thenature specified in Article 1, and held as securityfor the payment <strong>of</strong> an indebtedness, extends,in conformity with the law <strong>of</strong> the ContractingState where the aircraft is registered, to spareparts stored in a specified place or places, suchright shall be recognised by all ContractingStates, as long as the spare parts remain in theplace or places specified, provided that anappropriate public notice, specifying thedescription <strong>of</strong> the right, the name and address<strong>of</strong> the holder <strong>of</strong> this right, and the record inwhich such right is recorded is exhibited at theplace where the spare parts are located , so asto give due notification to third parties thatsuch spare parts are encumbered.2. A statement indicating the character andthe approximate number <strong>of</strong> such spare partsshall be annexed to or included in the recordeddocument. Such parts may be replaced bysimilar parts without affecting the right <strong>of</strong> thecreditor.3. The provisions <strong>of</strong> Article VII, paragraphs(1) and (4), and <strong>of</strong> Article VIII shall apply to asale <strong>of</strong> spare parts in execution. However, wherethe executing creditor is an unsecured creditor,paragraph 4 <strong>of</strong> Article VII in its application tosuch a sale shall be construed so as to permitthe sale to take place if a bid is received in anamount not less than two-third <strong>of</strong> the value <strong>of</strong>the spare parts as determined by expertsappointed by the authority responsible for thesale. Further, in the distribution <strong>of</strong> the proceeds<strong>of</strong> sale, the competent authority may, in orderto provide for the claim <strong>of</strong> the executingcreditor, limit the amount payable to holders <strong>of</strong>prior rights to two- thirds <strong>of</strong> such proceeds <strong>of</strong>sale after payment <strong>of</strong> the costs referred to inArticle VII, paragraph (6).4. For the purpose <strong>of</strong> this Article the term“spare parts” means parts <strong>of</strong> aircraft, engines,propellers radio apparatus instruments,appliances, furnishings, parts <strong>of</strong> any <strong>of</strong> theforegoing, and generally any other articles <strong>of</strong>whatever description maintained for installation116CHAP. XIV THE GENEVA CONVENTION, 1948in aircraft in substitution for parts articlesremoved.Article XI1. The provisions <strong>of</strong> this Convention shallin each Contracting State apply to all aircraftregistered as to nationality in anotherContracting State.2. Each Contracting State shall also applyto aircraft there registered as to nationality :(a) The provisions <strong>of</strong> Article II, III, IX and(b) The provisions <strong>of</strong> Article IV, unless thesalvage or preservation operations havebeen terminated within its own territory.Article XIINothing in this Convention shall prejudicethe right <strong>of</strong> any Contracting State to enforceagainst an aircraft its national laws relating toimmigration, customs or air navigation.Article XIIIThis Convention shall not apply to aircraftused in military, customs or police services.Article XIVFor the purpose <strong>of</strong> this Convention, thecompetent judicial and administrativeauthorities <strong>of</strong> the Contracting States may,subject to any contrary provision in theirnational law, correspond directly with eachother.Article XVThe Contracting States shall take suchmeasures as are necessary for the fulfilment <strong>of</strong>the provisions <strong>of</strong> this Convention and shallforthwith inform the Secretary <strong>General</strong> <strong>of</strong> theInternational <strong>Civil</strong> <strong>Aviation</strong> Organization <strong>of</strong>these measures.Article XVIFor the purposes <strong>of</strong> this Convention theterm “air-craft” shall include the airframe,engines, propellers, radio apparatus, and allother articles intended for use in the aircraft
whether installed therein or temporarilyseparated therefrom.Article XVIIIf a separate resister <strong>of</strong> aircraft for purposes<strong>of</strong> nationality is maintained in any territory forwhose foreign relations a Contracting State isresponsible, references in this Convention tothe law <strong>of</strong> the Contracting State shall beconstrued as references to the law <strong>of</strong> thatterritory.Article XVIIIThis Convention shall remain open forsignature until it comes into force in accordancewith the provisions <strong>of</strong> Article XX.Article XIX1. This Convention shall be subject toratification by the signatory States.2. The instruments <strong>of</strong> ratification shall bedeposited in the archives <strong>of</strong> the International<strong>Civil</strong> <strong>Aviation</strong> Organization, which shall givenotice <strong>of</strong> the date <strong>of</strong> deposit to each <strong>of</strong> thesignatory and adhering States.Article XX1. As soon as two <strong>of</strong> the signatory Stateshave deposited their instruments <strong>of</strong> ratification<strong>of</strong> this Convention, it shall come into forcebetween them on the ninetieth day after thedate <strong>of</strong> the deposit <strong>of</strong> the second instrument <strong>of</strong>ratification. It shall come into force, for eachState which deposit its instrument <strong>of</strong> ratificationafter that date on the ninetieth day after thedeposit <strong>of</strong> its instrument <strong>of</strong> ratification.2. The International <strong>Civil</strong> <strong>Aviation</strong>Organization shall give notice to each signatoryState <strong>of</strong> the date on which this Conventioncomes into force.3. As soon as this Convention comes int<strong>of</strong>orce it shall be registered with the UnitedNations by the Secretary <strong>General</strong> <strong>of</strong> theInternational <strong>Civil</strong> <strong>Aviation</strong> Organization.117THE GENEVA CONVENTION, 1948Article XXI1. This Convention shall, after it has comeinto force, be open for adherence by nonsignatoryStates.2. Adherence shall be effected by thedeposit <strong>of</strong> an instrument <strong>of</strong> adherence in thearchives <strong>of</strong> the International <strong>Civil</strong> <strong>Aviation</strong>Organization, which shall give notice <strong>of</strong> thedate <strong>of</strong> the deposit to each signatory andadhering State.3. Adherence shall take effect as from theninetieth day after the date <strong>of</strong> the deposit <strong>of</strong>the instrument <strong>of</strong> adherence in the archives <strong>of</strong>the International <strong>Civil</strong> <strong>Aviation</strong> Organization.Article XXII1. Any Contracting State may denouncethis Convention by notification <strong>of</strong> denunciationto the International <strong>Civil</strong> <strong>Aviation</strong> Organization,which shall give notice <strong>of</strong> the date <strong>of</strong> receipt <strong>of</strong>such notification to each signatory and adheringState.2. Denunciation shall take effect sixmonths after the date <strong>of</strong> receipt by theInternational <strong>Civil</strong> <strong>Aviation</strong> Organization <strong>of</strong>the notification <strong>of</strong> denunciation.Article XXIIICHAP. XIV1. Any State may at the time <strong>of</strong> deposit <strong>of</strong>its instrument <strong>of</strong> ratification <strong>of</strong> adherence,declare that its acceptance <strong>of</strong> this Conventiondoes not apply to any one or more <strong>of</strong> theterritories for the foreign relations <strong>of</strong> whichsuch State is responsible.2. The International <strong>Civil</strong> <strong>Aviation</strong>Organization shall give notice <strong>of</strong> any suchdeclaration to each signatory and adheringState.3. With the exception <strong>of</strong> territories inrespect <strong>of</strong> which a declaration has been madein accordance with paragraph (1) <strong>of</strong> this Article,this Convention shall apply to all territories forthe foreign relations <strong>of</strong> which a ContractingState is responsible.
118CHAP. XIV THE GENEVA CONVENTION, 19484. Any State may adhere to thisConvention separately on behalf <strong>of</strong> all or any<strong>of</strong> the territories regarding which it has made adeclaration in accordance with paragraph (1)<strong>of</strong> this Article and the provisions <strong>of</strong> paragraphs(2) and (3) <strong>of</strong> Article XXI shall apply to suchadherence.5. Any Contracting State may denouncethis Convention, in accordance with theprovisions <strong>of</strong> Article XXII, separately for all orany <strong>of</strong> the territories for the foreign relations<strong>of</strong> which such State is responsible.IN WITNESS WHEREOF the undersignedPlenipotentiaries, having been duly authorizedhave signed this Convention.DONE at Geneva, on the nineteenth day <strong>of</strong>the month <strong>of</strong> June <strong>of</strong> the year one thousandnine hundred and forty-eight in the English,French and Spanish languages, each text being<strong>of</strong> equal authenticity.This Convention shall be deposited in thearchives <strong>of</strong> the International <strong>Civil</strong> <strong>Aviation</strong>Organization where in accordance with ArticleXVIII, it shall remain open for signature.
119CHAPTER XVCONVENTION ON DAMAGE CAUSED BY FOREIGN<strong>AIRCRAFT</strong> TO THIRD PARTIES ON THE SURFACESIGNED AT ROME ON 7 OCTOBER, 1952(THE ROME CONVENTION, 1952)
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121THE ROME CONVENTION, 1952CHAP. XVCHAPTER XVCONVENTION ON DAMAGE CAUSED BY FOREIGN<strong>AIRCRAFT</strong> TO THIRD PARTIES ON THE SURFACESIGNED AT ROME ON 7 OCTOBER, 1952 *(THE ROME CONVENTION, 1952)THE STATES SIGNATORY to thisConvention :MOVED by a desire to ensure adequatecompensation for persons who suffer damagecaused on the surface by foreign aircraft, whilelimiting in a reasonable manner the extent <strong>of</strong>the liabilities incurred for such damage in ordernot to hinder the development <strong>of</strong> internationalcivil air transport, and alsoCONVINCED <strong>of</strong> the need for unifying tothe greater extent possible, through aninternational convention, the rules applying inthe various countries <strong>of</strong> the world to theliabilities incurred for such damage.HAVE APPOINTED to such effect theundersigned Plenipotentiaries who, dulyauthorised,HAVE AGREED AS FOLLOWS :CHAPTER IPRINCIPLES OF LIABILITYArticle 11. Any person who suffers damage on thesurface shall, upon pro<strong>of</strong> only that the damagewas caused by an aircraft in flight or by anyperson or thing falling therefrom, be entitled tocompensation as provided by this Convention.Nevertheless there shall be no right tocompensation if the damage is not a directconsequence <strong>of</strong> the incident giving rise thereto,or if the damage results from the mere fact <strong>of</strong>passage <strong>of</strong> the aircraft through the airspace inconformity with existing air traffic regulations.2. For the purpose <strong>of</strong> this Convention, anaircraft is considered to be in flight from themoment when power is applied for the purpose<strong>of</strong> actual take-<strong>of</strong>f until the moment when thelanding run ends. In the case <strong>of</strong> an aircraftlighter than air, the expression “in flight” relatesto the period from the moment when it becomesdetached from the surface until it becomesagain attached thereto.Article 21. The liability for compensationcontemplated by Article 1 <strong>of</strong> this Conventionshall attach to the operator <strong>of</strong> the aircraft.2. (a) For the purposes <strong>of</strong> this Conventionthe term “operator” shall mean the person,who was making use <strong>of</strong> the aircraft at the timethe damage was caused, provided that if control<strong>of</strong> the navigation <strong>of</strong> the aircraft was retainedby the person from whom the right to make use<strong>of</strong> the aircraft was derived, whether directly orindirectly, that person shall be considered theoperator.(b) A person shall be considered to bemaking use <strong>of</strong> an aircraft when he is using itpersonally or when his servants or agents areusing the aircraft in the course <strong>of</strong> theiremployment, whether or not within the scope<strong>of</strong> their authority.3. The registered owner <strong>of</strong> the aircraft shallbe presumed to be the operator and shall beliable as such unless, in the proceedings for thedetermination <strong>of</strong> his liability, he proves that* Entered into force.on 4 February, 1958.As on 30 June, 2003 there are only 45 contracting States party to it.India has not ratified it.
122CHAP. XV THE ROME CONVENTION, 1952some other person was the operator and, in s<strong>of</strong>ar as legal procedures permit, takes appropriatemeasures to make that other person a party inthe proceedings.Article 3If the person who was the operator at thetime the damage was caused had not theexclusive right to use the aircraft for a period<strong>of</strong> more than fourteen days dating from themoment when the right to use commenced, theperson from whom such right was derivedshall be liable jointly and severally with theoperator, each <strong>of</strong> them being bound under theprovisions and within the limits <strong>of</strong> liability <strong>of</strong>this Convention.Article 4If a person makes use <strong>of</strong> an aircraft withoutthe consent <strong>of</strong> the person entitled to itsnavigational control, the latter, unless he provesthat he has exercised due care to prevent suchuse, shall be jointly and serverally liable withthe unlawful user for damage giving right tocompensation under Article 1, each <strong>of</strong> thembeing bound under the provisions and withinthe limits <strong>of</strong> liability <strong>of</strong> this Convention.Article 5Any person who would otherwise be liableunder the provisions <strong>of</strong> this Convention shallnot be liable if the damage is the directconsequence <strong>of</strong> armed conflict or civildisturbance, or if such person has been deprived<strong>of</strong> the use <strong>of</strong> the aircraft by act <strong>of</strong> publicauthority.Article 61. Any person who would otherwise be liableunder the provisions <strong>of</strong> the Convention shallnot be liable for damage if he proves that thedamage was caused solely through thenegligence or other wrongful act or omission <strong>of</strong>the person who suffers the damage or <strong>of</strong> thelatter’s servants or agents. If the person liableproves that the damage was contributed to bythe negligence or other wrongful act or omission<strong>of</strong> the person who suffers the damage, or <strong>of</strong> hisservants or agents, the compensation shall bereduced to the extent to which such negligenceor wrongful act or omission contributed to thedamage. Nevertheless there shall be no suchexoneration or reduction if, in the case <strong>of</strong> thenegligence or other wrongful act or omission <strong>of</strong>a servant or agent, the person who suffers thedamage proves that his servant or agent wasacting outside the scope <strong>of</strong> his authority.2. When an action is brought by one personto recover damages arising from the death orinjury <strong>of</strong> another person, the negligence orother wrongful act or omission <strong>of</strong> such otherperson, or <strong>of</strong> his servants or agents, shall alsohave the effect provided in the precedingparagraph.Article 7When two or more aircraft have collided orinterfered with each other in flight and damagefor which a right to compensation ascontemplated in Article 1 results, or when twoor more aircraft have jointly caused suchdamage, each <strong>of</strong> the aircraft concerned shall beconsidered to have caused the damage and theoperator <strong>of</strong> each aircraft shall be liable, each<strong>of</strong> them being bound under the provisions andwithin the limits <strong>of</strong> liability <strong>of</strong> this Convention.Article 8The persons referred to in paragraph 3 <strong>of</strong>Article 2 and in Article 3 and 4 shall be entitlesto all defences which are available to anoperator under the provisions <strong>of</strong> thisConvention.Article 9Neither the operator, the owner, any personliable under Article 3 or Article 4, nor theirrespective servants or agents, shall be liablefor damage on the surface caused by an aircraftin flight or any person or thing falling therefromotherwise than as expressly provided in thisConvention. This rule shall not apply to anysuch person who is guilty <strong>of</strong> a deliberate act oromission done with intent to cause damage.Article 10Nothing in this Convention shall prejudicethe question whether a person liable for damage
123THE ROME CONVENTION, 1952CHAP. XVin accordance with its provisions has a right <strong>of</strong>recourse against any other person.CHAPTER IIEXTENT OF LIABILITYArticle 111. Subject to the provisions <strong>of</strong> Article 12,the liability for damage giving a right tocompensation under Article 1, for each aircraftand incident, in respect <strong>of</strong> all persons liableunder this Convention, shall not exceed :(a) 500,000 francs for aircraft weighing1000 Kilograms or less ;(b) 500,000 francs plus 400 francs perKilogram over 1000 Kilograms foraircraft weighing more than 1000 butnot exceeding 6000 Kilograms;(c) 2,500,000 francs plus 250 francs perKilogram over 6000 Kilograms foraircraft weighing more than 6000 butnot exceeding 20,000 Kilograms;(d) 6,000,000 francs plus 150 francs perKilogram over 20,000 Kilograms foraircraft weighing more than 20,000 butnot exceeding 50,000 Kilograms;(e) 10,500,000 francs plus 100 francs perKilogram over 50,000 Kilograms foraircraft weighing more than 50,000Kilograms.2. The liability in respect <strong>of</strong> loss <strong>of</strong> life orpersonal injury shall not exceed 500,000 francsper person killed or injured.3. “Weight” means the maximum weight <strong>of</strong>the aircraft authorised by the certificate <strong>of</strong>airworthiness for take-<strong>of</strong>f, excluding the effect<strong>of</strong> lifting gas when used.4. The sums mentioned in francs in thisArticle refer to a currency until consisting <strong>of</strong>65½ milligrams <strong>of</strong> gold <strong>of</strong> millesimal fineness900. These sums may be converted into nationalcurrencies in round figures. Conversion <strong>of</strong> thesums into national currencies other than goldshall, in case <strong>of</strong> judicial proceeding, be madeaccording to the gold value such currencies atthe date <strong>of</strong> the judgment, or, in cases cover byArticle 14, at the date <strong>of</strong> the allocation.Article 121. If the person who suffers damage provesthat it was caused by a deliberate act or omission<strong>of</strong> the operator, his servants or agents, donewith intent to cause, damage, the liability <strong>of</strong>the operator shall be unlimited; provided thatin the case <strong>of</strong> such act or omission <strong>of</strong> suchservant or agent, it is also proved that he wasacting in the course <strong>of</strong> his employment andwithin the scope <strong>of</strong> his authority.2. If a person wrongfully takes and makesuse <strong>of</strong> an aircraft without the consent <strong>of</strong> theperson entitled to used it, his liability shall beunlimited.Article 131. Whenever, under the provisions <strong>of</strong> Article3 or Article 4, two or more persons are liablefor damage or a registered owner who was notthe operator is made liable as such as providedin paragraph 3 <strong>of</strong> Article 2, the persons whosuffer damage shall not be entitled to totalcompensation greater than the highestindemnity which may be awarded under theprovisions <strong>of</strong> this Convention against any one<strong>of</strong> the persons liable.2. When the provisions <strong>of</strong> Article 7 areapplicable, the person who suffers the damageshall be entitled to be compensated up to theaggregate <strong>of</strong> the limits applicable with respectto each <strong>of</strong> the aircraft involved, but no operatorshall be liable for a sum in excess <strong>of</strong> the limitapplicable to his aircraft unless his liability isunlimited under the terms <strong>of</strong> Article 12.Article 14If the total amount <strong>of</strong> the claims establishedexceeds the limit <strong>of</strong> lability applicable underthe provisions <strong>of</strong> this Convention, the followingrules shall apply, taking into account theprovisions <strong>of</strong> paragraph 2 <strong>of</strong> Article 11.(a) If the claims are exclusively in respect<strong>of</strong> loss <strong>of</strong> life or personal injury orexclusively in respect <strong>of</strong> damage to
124CHAP. XV THE ROME CONVENTION, 1952property, such claims shall be reducedin proportion to their respectiveamounts.(b) If the claims are both in respect <strong>of</strong> loss<strong>of</strong> life or personal injury and in respect<strong>of</strong> damage to property, one half <strong>of</strong> thetotal sum distributable shall beappropriated preferentially to meetclaims in respect <strong>of</strong> loss <strong>of</strong> life andpersonal injury and, if insufficient, shallbe distributed proportionately, betweenthe claims concerned. The remainder <strong>of</strong>the total sum distributable shall bedistributed proportionately among theclaims in respect <strong>of</strong> damage to propertyand the portion not already covered <strong>of</strong>the claims in respect <strong>of</strong> loss <strong>of</strong> life andpersonal injury.CHAPTER IIISECURITY FOR OPERATOR’SLIABILITYArticle 151. Any Contracting State may require thatthe operator <strong>of</strong> an aircraft registered inanother Contracting State shall be insured inrespect <strong>of</strong> his liability for damage sustained inits territory for which a right to compensationexists under Article 1 by means <strong>of</strong> insuranceup to the limits applicable according to theprovisions <strong>of</strong> Article 11.2. (a) The insurance shall be accepted assatisfactory if it conforms to the provisions <strong>of</strong>this Convention and has been effected by aninsurer authorised to effect such insuranceunder the laws <strong>of</strong> the State where the aircraft isregistered or <strong>of</strong> the State where the insurer hashis residence or principal place <strong>of</strong> business,and whose financial responsibility has beenverified by either <strong>of</strong> those States.(b) If insurance has been required by anyState under paragraph 1 <strong>of</strong> this Article, and afinal judgment in that State, is not satisfied bypayment in the currency <strong>of</strong> that State anyContracting State may refuse to accept theinsurer as financially responsible until suchpayment, if demanded, has been made.3. Notwithstanding the last precedingparagraph the State overflown may refuse toaccept as satisfactory insurance effected by aninsurer who is not authorised for that purposein a Contracting State.4. Instead <strong>of</strong> insurance, any <strong>of</strong> the followingsecurities shall be deemed satisfactory if thesecurity conforms to Article 17.(a) a cash deposit in a depository maintainedby the Contracting State where theaircraft is registered or with a bankauthorised to act as a depository by thatState;(b) a guarantee given by a bank authorisedto do so by the Contracting State wherethe aircraft is registered, and whosefinancial responsibility has been verifiedby that State;(c) a guarantee given by the ContractingState where the aircraft is registered, ifthe State undertakes that it will not claimimmunity from suit in respect <strong>of</strong> thatguarantee.5. Subject to paragraph 6 <strong>of</strong> this Article, theState overflown may also require that theaircraft shall carry a certificate issued by theinsurer certifying that insurance has beeneffected in accordance with the provisions <strong>of</strong>this Convention, and specifying the person orpersons whose liability is secured thereby,together with a certificate or endorsementissued by the appropriate authority in the Statewhere the aircraft is registered or in the Statewhere the insurer has his residence or principalplace <strong>of</strong> business certifying the financialresponsibility <strong>of</strong> the insurer. If other securityis furnished in accordance with the provisions<strong>of</strong> paragraph 4 <strong>of</strong> this Article a certificate tothat effect shall be issued by the appropriateauthority in the State where the aircraft isregistered.6. The certificate referred to in paragraph 5<strong>of</strong> this Article need not be carried in the aircraftif a certified copy has been filed with theappropriate authority designated by the Stateoverflown or, if the International <strong>Civil</strong> <strong>Aviation</strong>
125THE ROME CONVENTION, 1952CHAP. XVOrganization agrees, with that organization,which shall furnish a copy <strong>of</strong> the certificate toeach contracting State.7. (a) Where the State overflown hasreasonable grounds for doubting the financialresponsibility <strong>of</strong> the insurer, or <strong>of</strong> the bankwhich issues a guarantee under paragraph 4 <strong>of</strong>this Article, that State may request additionalevidence <strong>of</strong> financial responsibility, and if anyquestion arises as to the adequacy <strong>of</strong> thatevidence, the dispute affecting the Statesconcerned shall at the request <strong>of</strong> one <strong>of</strong> thoseStates, be submitted to an arbitral tribunalwhich shall be either the Council <strong>of</strong> theInternational <strong>Civil</strong> <strong>Aviation</strong> Organization or aperson or body mutually agreed by the parties.(b) Until this tribunal has given its decisionthe insurance or guarantee shall be consideredprovisionally valid by the State overflown.8. Any requirements imposed in accordancewith this Article shall be notified to theSecretary <strong>General</strong> to the International <strong>Civil</strong><strong>Aviation</strong> Organization who shall inform eachContracting State there<strong>of</strong>.9. For the purpose <strong>of</strong> this Article, the term“insurer” includes a group <strong>of</strong> insurers, and forthe purpose <strong>of</strong> paragraph 5 <strong>of</strong> this Article, thephrase “appropriate authority in a State”includes the appropriate authority in the highestpolitical sub-division there<strong>of</strong> which regulatesthe conduct <strong>of</strong> business by the insurer.Article 161. The insurer or other person providingsecurity required under Article 15 for theliability <strong>of</strong> the operator may, in addition to thedefences available to the operator, and thedefence <strong>of</strong> forgery, set up only the followingdefences against claims based on theapplication <strong>of</strong> this Convention:(a) that the damage occurred after thesecurity ceased to be effective. However,if the security expires during a flight, itshall be continued in force until thenext landing specified in the flight plan,but no longer than twenty four hours;and if the security ceases to be effectivefor any reason other than the expiration<strong>of</strong> its term, or a change <strong>of</strong> operator itshall be continued until fifteen daysafter notification to the appropriateauthority <strong>of</strong> the State which certifiesthe financial responsibility <strong>of</strong> the insureror the guarantor that the security hasceased to be effective, or until effectivewithdrawal <strong>of</strong> the certificate <strong>of</strong> theinsurer or the certificate <strong>of</strong> guarantee ifsuch a certificate has been requiredunder paragraph 5 <strong>of</strong> Article 15, whichever is the earlier;(b) that the damage occurred outside theterritorial limit provided for by thesecurity, unless flight outside <strong>of</strong> suchlimits was caused by force majeure,assistance justified by thecircumstances, or an error in piloting,operation or navigation.2. The State which has issued or endorsed acertificate pursuant to paragraph 5 <strong>of</strong> Article15 shall notify the termination or cessation,otherwise than by the expiration <strong>of</strong> its term, <strong>of</strong>the insurance or other security to the interestedcontracting States as soon as possible.3. Where a certificate <strong>of</strong> insurance or othersecurity is required under paragraph 5 <strong>of</strong> Article15 and, the operator is changed during theperiod <strong>of</strong> the validity <strong>of</strong> the security, the securityshall apply to the liability under this Convention<strong>of</strong> the new operator, unless he is alreadycovered by other insurance or security or is anunlawful user, but not beyond fifteen daysfrom the time when the insurer or guarantornotifies the appropriate authority <strong>of</strong> the Statewhere the certificate was issued that the securityhas become ineffective or until the effectivewithdrawal <strong>of</strong> the certificate <strong>of</strong> the insurer ifsuch a certificate has been required underparagraph 5 <strong>of</strong> Article 15, whichever is theshorter period.4. The continuation in force <strong>of</strong> the securityunder the provisions <strong>of</strong> paragraph 1 <strong>of</strong> thisArticle shall apply only for the benefit <strong>of</strong> theperson suffering damage.
126CHAP. XV THE ROME CONVENTION, 19525. Without prejudice to any right <strong>of</strong> directaction which he may have under the lawgoverning the contract <strong>of</strong> insurance orguarantee, the person suffering damage maybring a direct action against the insurer orguarantor only in the following cases :(a) where the security is continued in forceunder the provisions <strong>of</strong> paragraph 1 (a)and (b) <strong>of</strong> this Article;(b) the bankruptcy <strong>of</strong> the operator.6. Excepting the defences specified inparagraph 1 <strong>of</strong> this Article, the insurer or otherperson providing security may not, with respectto direct actions brought by the person sufferingdamage based upon application <strong>of</strong> thisConvention, avail himself <strong>of</strong> any grounds <strong>of</strong>nullity or any right or retroactive cancellation.7. The provisions <strong>of</strong> this Article shall notprejudice the question whether the insurer orguarantor has a right <strong>of</strong> recourse against anyother person.Article 171. If security is furnished in accordancewith paragraph 4 <strong>of</strong> Article 15, it shall bespecifically and preferentially assigned topayment <strong>of</strong> claims under the provisions <strong>of</strong> thisConvention.2. The security shall be deemed sufficientif, in the case <strong>of</strong> an operator <strong>of</strong> one aircraft, itis for an amount equal to the limit applicableaccording to the provisions <strong>of</strong> Article 11, andin the case <strong>of</strong> an operator <strong>of</strong> several aircraft, ifit is for an amount not less than the aggregate<strong>of</strong> the limits <strong>of</strong> liability applicable to the twoaircraft subject to the highest limits.3. As soon as notice <strong>of</strong> a claim has beengiven to the operator, the amount <strong>of</strong> the securityshall be increased up to a total sum equivalentto the aggregate <strong>of</strong> :(a) the amount <strong>of</strong> the security then requiredby paragraph 2 <strong>of</strong> this Article, and(b) the amount <strong>of</strong> the claim not exceedingthe applicable limit <strong>of</strong> lability.This increased security shall be maintaineduntil every claim has been disposed <strong>of</strong>.Article 18Any sums due to an operator from aninsurer shall be exempt from seizure andexecution by creditors <strong>of</strong> the operator untilclaims <strong>of</strong> third parties under this Conventionhave been satisfied.CHAPTER IVRULES OF PROCEDURE ANDLIMITATION OF ACTIONArticle 19If a claimant has not brought an action toenforce his claim or if notification <strong>of</strong> suchclaim has not been given to the operator withina period <strong>of</strong> six months from the date <strong>of</strong> theincident which gave rise to the damage, theclaimant shall only be entitled to compensationout <strong>of</strong> the amount for which the operatorremains liable after all claims made withinthat period have been met in full.Article 201. Actions under the provisions <strong>of</strong> thisConvention may be brought only before thecourts <strong>of</strong> the Contracting State where thedamage occurred. Nevertheless, by agreementbetween any one or more claimants and anyone or more defendants, such claimants maytake action before the courts <strong>of</strong> any otherContracting State, but no such proceedingsshall have the effect <strong>of</strong> prejudicing in any waythe rights <strong>of</strong> persons who brings actions in theState where the damage occurred. The partiesmay also agree to submit disputes to arbitrationin any Contracting State.2. Each Contracting State shall take allnecessary measures to ensure that the defendantand all other parties interested are notified <strong>of</strong>any proceedings concerning them and have afair and adequate opportunity to defend theirinterests.3. Each Contracting State shall so far aspossible ensure that all actions arising from a
127THE ROME CONVENTION, 1952CHAP. XVsingle incident and brought in accordance withparagraph 1 <strong>of</strong> this Article are consolidated fordisposal in a single proceeding before the samecourt.4. Where any final judgment, includingjudgement by default, is pronounced by a courtcompetent in conformity with this Convention,on which execution can be issued according tothe procedural law <strong>of</strong> the court, the judgmentshall be enforceable upon compliance with theformalities prescribed by the laws <strong>of</strong> theContracting State, or <strong>of</strong> any territory, State orprovince there<strong>of</strong>, where execution is appliedfor;(a) in the Contracting State where thejudgment debtor has his residence orprincipal place <strong>of</strong> business, or(b) if the assets available in that State andin the State where the judgment waspronounced are insufficient to satisfythe judgment, in any other ContractingState where the judgment debtor hasassets.5. Notwithstanding the provisions <strong>of</strong>paragraph 4 <strong>of</strong> this Article, the court to whichapplication is made for execution may refuseto issue execution if it is proved that any <strong>of</strong> thefollowing circumstances exist :(a) the judgment was given by default andthe defendant did not acquire knowledge<strong>of</strong> the proceedings in sufficient time toact upon it;(b) the defendant was not given a fair andadequate opportunity to defend hisinterests;(c) the judgment is in respect <strong>of</strong> a cause <strong>of</strong>action which has already, as betweenthe same parties, formed the subject <strong>of</strong>a judgment or an arbitral award which,under the law <strong>of</strong> the State whereexecution is sought, is recognised asfinal and conclusive;(d) the judgment has been obtained byfraud <strong>of</strong> any <strong>of</strong> the parties;(e) the right to enforce the judgment is notvested in the person by whom theapplication for execution is made.6. The merits <strong>of</strong> the case may not bereopened in proceedings for execution underparagraph 4 <strong>of</strong> this Article.7. The court to which application forexecution is made may also refuse to issueexecution if the judgment concerned is contraryto the public policy <strong>of</strong> the State in whichexecution is requested.8. If, in proceedings brought according toparagraph 4 <strong>of</strong> this Article execution <strong>of</strong> anyjudgment is refused on any <strong>of</strong> the groundsreferred to in sub-paragraphs (a), (b) or (d) <strong>of</strong>paragraph 5 or paragraph 7 <strong>of</strong> this Article, theclaimant shall be entitled to bring a new actionbefore the courts <strong>of</strong> the State where executionhas been refused. The judgement rendered insuch new action may not result in the totalcompensation awarded exceeding the limitsapplicable under the provisions <strong>of</strong> thisConvention. In such new action the previousjudgment shall be a defence only to the extentto which it has been satisfied. The previousjudgment shall cease to be enforceable as soonas the new action has been started.The judgment rendered in such new actionmay not result in the total compensationawarded exceeding the limits applicable underthe provisions <strong>of</strong> this Convention. In such newaction the previous judgment shall be a defenceonly to the extent to which it has been satisfied.The previous judgment shall cease to beenforceable as soon as the new action has beenstarted.The right to bring a new action under thisparagraph shall, notwithstanding the provisions<strong>of</strong> Article 21, be subject to a period <strong>of</strong> limitation<strong>of</strong> one year from the date on which the claimanthas received notification <strong>of</strong> the refusal toexecute the judgment.9. Notwithstanding the provisions <strong>of</strong>paragraph 4 <strong>of</strong> this Article, the court to whichapplication for execution is made shall refuse
128CHAP. XV THE ROME CONVENTION, 1952execution <strong>of</strong> any judgment rendered by a court<strong>of</strong> a State other than that in which the damageoccurred until all the judgments rendered inthat State have been satisfied.The court applied to shall also refuse toissue execution until final judgment has beengiven on all action filed in the State where thedamage occurred by those persons who havecomplied with the time limit referred to inArticle 19, if the judgment debtor proves thatthe total amount <strong>of</strong> compensation which mightbe awarded by such judgements might exceedthe applicable limit <strong>of</strong> liability under theprovisions <strong>of</strong> this Convention.Similarly such court shall not grantexecution when in the case <strong>of</strong> actions broughtin the State where the damage occurred bythose persons who have complied with thetime limit referred to in Article 19, the aggregate<strong>of</strong> the judgment exceeds the applicable limit <strong>of</strong>liability, until such judgments have beenreduced in accordance with Article 14.10.Where a judgment is renderedenforceable under this Article, payment <strong>of</strong> costsrecoverable under the judgement shall also beenforceable. Nevertheless the court applied t<strong>of</strong>or execution may, on the application <strong>of</strong> thejudgment debtor, limit the amount <strong>of</strong> suchcosts to a sum equal to ten per centum <strong>of</strong> theamount for which the judgment is renderedenforceable. The limits <strong>of</strong> liability prescribedby this Convention shall be exclusive <strong>of</strong> costs.11.Interest not exceeding four per centumper annum may be allowed on the judgmentdebt from the date <strong>of</strong> the judgement in respect<strong>of</strong> which execution in granted.12.An application for execution <strong>of</strong> ajudement to which paragraph 4 <strong>of</strong> this Articleapplies must be made within five years fromthe date when such judgment became final.Article 211. Actions under this Convention shall besubject to a period <strong>of</strong> limitation <strong>of</strong> two yearsfrom the date <strong>of</strong> the incident which caused thedamage.2. The grounds for suspension orinterruption <strong>of</strong> the period referred to inparagraph 1 <strong>of</strong> this Article shall be determinedby the law <strong>of</strong> the court trying the action; but inany case the right to institute an action shall beextinguished on the expiration <strong>of</strong> three yearsfrom the date <strong>of</strong> the incident which caused thedamage.Article 22In event <strong>of</strong> the death <strong>of</strong> the person liable, anaction in respect <strong>of</strong> liability under the provisions<strong>of</strong> this Convention shall lie against those legallyresponsible for his obligations.CHAPTER VAPPLICATION OF THECONVENTION AND GENERALPROVISIONSArticle 231. This Convention applies to damagecontemplated in Article 1 caused in the territory<strong>of</strong> Contracting State by an aircraft registeredin the territory <strong>of</strong> another Contracting State.2. For the purpose <strong>of</strong> this Convention aship or aircraft on the high seas shall be regardedas part <strong>of</strong> the territory <strong>of</strong> the State in which it isregistered.Article 24This Convention shall not apply to damagecaused to an aircraft in flight, or to persons orgoods on board such aircraft.Article 25This Convention shall not apply to damageon the surface if liability for such damage isregulated either by a contract between theperson who suffers such damage and theoperator or the person entitled to use theaircraft at the time the damage occurred, or bythe law relating to workmen’s compensationapplicable to a contract <strong>of</strong> employment betweensuch persons.Article 26This Convention shall not apply to damagecaused by military, customs or police aircraft.
Article 27Contracting States will, as far as possiblefacilitate payment <strong>of</strong> compensation under theprovisions <strong>of</strong> this Convention in the currency<strong>of</strong> the State where the damage occurred.Article 28If legislative measures are necessary in anyContracting State to give effect to thisConvention, the Secretary <strong>General</strong> <strong>of</strong> theInternational <strong>Civil</strong> <strong>Aviation</strong> Organization shallbe informed forthwith <strong>of</strong> the measures so taken.Article 29As between Contracting States which havealso ratified the International Convention forthe Unification <strong>of</strong> Certain Rules relating toDamage caused by Air craft to Third Parties onthe Surface opened for signature at Rome onthe 29th May, 1933, the present Conventionupon its entry into force shall supersede thesaid Convention <strong>of</strong> Rome.Article 30For the purposes <strong>of</strong> this Convention :– “Person” means any natural or legalperson including a State.– “Contracting State” means any Statewhich has ratified or adhered to thisConvention and whose denunciationthere<strong>of</strong> has not become effective.– “Territory <strong>of</strong> a State” means themetropolitan territory <strong>of</strong> a State and allterritories for the foreign relations <strong>of</strong>which that State is responsible, subjectto the provisions <strong>of</strong> Article 36.CHAPTER VIFINAL PROVISIONSArticle 31This Convention shall remain open forsignature on behalf <strong>of</strong> any State until it comesinto force in accordance with the provisions <strong>of</strong>Article 33.129THE ROME CONVENTION, 1952Article 321. This Convention shall be subject toratification by the signatory States,2. The instruments <strong>of</strong> ratification shall bedeposited with the International <strong>Civil</strong> <strong>Aviation</strong>Organization.Article 331. As soon as five <strong>of</strong> the signatory Stateshave deposited their instruments <strong>of</strong> ratification<strong>of</strong> this Convention, it shall come into forcebetween them on the ninetieth day after thedate <strong>of</strong> the deposit <strong>of</strong> the fifth instrument <strong>of</strong>ratification. It shall come into force, for eachState which deposits its instrument <strong>of</strong>ratification after that date, on the ninetieth dayafter the deposit <strong>of</strong> its instrument <strong>of</strong> ratification.2. As soon as this Convention comes int<strong>of</strong>orce, it shall be registered with the UnitedNations by the Secretary <strong>General</strong> <strong>of</strong> theInternational <strong>Civil</strong> <strong>Aviation</strong> Organization.Article 341. This Convention shall, after it has comeinto force, be open for adherence by any nonsignatoryState.2. The adherence <strong>of</strong> a State shall be effectedby the deposit <strong>of</strong> an instrument <strong>of</strong> adherencewith the International <strong>Civil</strong> <strong>Aviation</strong>Organization and shall take effect as from theninetieth day after the date <strong>of</strong> the deposit.Article 35CHAP. XV1. Any Contracting State may denouncethis convention by notification <strong>of</strong> denunciationto the International <strong>Civil</strong> <strong>Aviation</strong> Organization.2. Denunciation shall take effect six monthsafter the date <strong>of</strong> receipt by the International<strong>Civil</strong> <strong>Aviation</strong> Organization <strong>of</strong> the notification<strong>of</strong> denunciation; nevertheless, in respect <strong>of</strong>damage contemplated in Article 1 arising froman incident which occurred before theexpiration <strong>of</strong> the six months period, theConvention shall continue to apply as if thedenunciation had not been made.
130CHAP. XV ROME CONVENTION, 1952Article 361. This Convention shall apply to allterritories for the foreign relations <strong>of</strong> which aContracting State is responsible, with theexception <strong>of</strong> territories in respect <strong>of</strong> which adeclaration has been made in accordance withparagraph 2 <strong>of</strong> this Article or paragraph 3 <strong>of</strong>Article 37.2. Any State may at the time <strong>of</strong> deposit <strong>of</strong>its instrument <strong>of</strong> ratification or adherence,declare that its acceptance <strong>of</strong> this Conventiondoes not apply to any one or more <strong>of</strong> theterritories for the foreign relations <strong>of</strong> whichsuch State is responsible.3. Any Contracting State may subsequently,by notification to the International <strong>Civil</strong><strong>Aviation</strong> Organization, extend the application<strong>of</strong> this Convention to any or all <strong>of</strong> the territoriesregarding which it has made a declaration inaccordance with paragraph 2 <strong>of</strong> this Article orparagraph 3 <strong>of</strong> Article 37 . The notificationshall take effect as from the ninetieth day afterits receipt by the Organization.4. Any Contracting State may denouncethis Convention, in accordance with theprovisions <strong>of</strong> Article 35, separately for any orall <strong>of</strong> the territories for the foreign relations <strong>of</strong>which such State is responsible.Article 371. When the whole or part <strong>of</strong> the territory <strong>of</strong>a Contracting State is transferred to a noncontractingState, this Convention shall ceaseto apply to the territory so transferred, as fromthe date <strong>of</strong> the transfer.2. When part <strong>of</strong> the territory <strong>of</strong> a ContractingState becomes an independent State responsiblefor its own foreign relations, this Conventionshall cease to apply to the territory whichbecomes an independent State, as from thedate on which it becomes independent.3. When the whole or part <strong>of</strong> the territory <strong>of</strong>another State is transferred to a ContractingState, the Convention shall apply to the territoryso transferred as from the date <strong>of</strong> the transfer;provided that, if the territory transferred doesnot become part <strong>of</strong> the metropolitan territory<strong>of</strong> the Contracting State concerned, thatContracting State may, before or at the time <strong>of</strong>the transfer, declare by notification to theInternational <strong>Civil</strong> <strong>Aviation</strong> Organization thatthe Convention shall not apply to the territorytransferred unless a notification is made underparagraph 3 <strong>of</strong> Article 36.Article 38The Secretary <strong>General</strong> <strong>of</strong> the International<strong>Civil</strong> <strong>Aviation</strong> Organization shall give noticeto all signatory and adhering States and to allStates Members <strong>of</strong> the Organization or <strong>of</strong> theUnited Nations :(a) <strong>of</strong> the deposit <strong>of</strong> any instrument <strong>of</strong>ratification or adherence and the datethere<strong>of</strong>, within thirty days from the date<strong>of</strong> the deposit, and(b) <strong>of</strong> the receipt <strong>of</strong> any denunciation or <strong>of</strong>any declaration or notification madeunder Article 36 or 37 and the datethere<strong>of</strong>, within thirty days from the date<strong>of</strong> the deposit, andThe Secretary <strong>General</strong> <strong>of</strong> the Organizationshall also notify these States <strong>of</strong> the date onwhich the convention comes into force inaccordance with paragraph 1 <strong>of</strong> Article 33.Article 39No reservations may be made to thisConventionIN WITNESS WHEREOF the undersignedPlenipotentiaries, having been duly authorised,have signed this ConventionDONE at Rome on the Seventh day <strong>of</strong> themonth <strong>of</strong> October <strong>of</strong> the year One ThousandNine Hundred and Fifty Two in the English,French and Spanish languages, each text being<strong>of</strong> equal authenticity.The Convention shall be deposited withthe International <strong>Civil</strong> <strong>Aviation</strong> Organizationwhere in accordance with Article 31, it shallremain open for signature, and the Secretary<strong>General</strong> <strong>of</strong> the Organization hall send certifiedcopies there<strong>of</strong> to all signatory and adheringStates and to all States Members <strong>of</strong> theOrganization <strong>of</strong> the United Nations.
131CHAPTER XVICONVENTION ON OFFENCES AND CERTAINOTHER ACTS COMMITTED ON BOARD <strong>AIRCRAFT</strong>SIGNED AT TOKYO ON 14 SEPTEMBER, 1963(THE TOKYO CONVENTION, 1963)
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133THE TOKYO CONVENTION, 1963CHAP. XVICHAPTER XVICONVENTION ON OFFENCES AND CERTAINOTHER ACTS COMMITTED ON BOARD <strong>AIRCRAFT</strong>SIGNED AT TOKYO ON 14 SEPTEMBER, 1963 *(THE TOKYO CONVENTION, 1963):THE STATES Parties to this Convention.HAVE AGREED as follows :CHAPTER ISCOPE OF THE CONVENTIONArticle I1. This Convention shall apply in respect <strong>of</strong>(a) <strong>of</strong>fences against penal law;(b) acts which, whether or not they are<strong>of</strong>fences, may or do jeopardize the safety<strong>of</strong> the aircraft or <strong>of</strong> persons <strong>of</strong> propertytherein or which jeopardize good orderand discipline on board.2. Except as provided in Chapter III, thisConvention shall apply in respect <strong>of</strong> <strong>of</strong>fencescommitted or acts done by a person on boardany aircraft registered in a Contracting State,while that aircraft is in flight or on the surface<strong>of</strong> the high seas or <strong>of</strong> any other area outside theterritory <strong>of</strong> any State.3. For the purposes <strong>of</strong> this Convention, anaircraft is considered to be in flight from themoment when power is applied for the purpose<strong>of</strong> take-<strong>of</strong>f until the moment when the landingrun ends.4. This Convention shall not apply toaircraft used in military, customs or policeservices.Article 2Without prejudice to the provisions <strong>of</strong>Article 4 and except when the safety <strong>of</strong> theaircraft or <strong>of</strong> persons or property on board sorequires no provision <strong>of</strong> this Convention shallbe interpreted as authorizing or requiring anyaction in respect <strong>of</strong> <strong>of</strong>fences against penallaws <strong>of</strong> a political nature or those based onracial or religious discrimination.CHAPTER IIJURISDICTIONArticle 31. The State <strong>of</strong> registration <strong>of</strong> the aircraftis competent to exercise jurisdiction over<strong>of</strong>fences and acts committed on board.2. Each Contracting State shall take suchmeasures as may be necessary to establish itsjurisdiction as the State <strong>of</strong> registration over<strong>of</strong>fences committed on board aircraft registeredin such State.3. This Convention does not exclude anycriminal jurisdiction exercised in accordancewith national law.Article 4A Contracting State which is not the State<strong>of</strong> registration may not interfere with an aircraftin flight in order to exercise its criminaljurisdiction over an <strong>of</strong>fence committed on boardexcept in the following cases :* Entered into force.on 4 December, 1969.As on 30 June, 2003 there are only 176 contracting States party to it.India ratified it on 22 July 1975.
(a) the <strong>of</strong>fence has effect on the territory <strong>of</strong>such State;(b) the <strong>of</strong>fence has been committed by oragainst a national or permanent resident<strong>of</strong> such State;(c) the <strong>of</strong>fence is against the security <strong>of</strong>such State;(d) the <strong>of</strong>fence consists <strong>of</strong> a breach <strong>of</strong> anyrules or regulations relating to the flightor manoeuver <strong>of</strong> aircraft in force insuch State;(e) the exercise <strong>of</strong> jurisdiction is necessaryto ensure the observance <strong>of</strong> anyobligation <strong>of</strong> such State under amultilateral international agreement.CHAPTER IIIPOWERS OF THE <strong>AIRCRAFT</strong>COMMANDERArticle 51. The provisions <strong>of</strong> this Chapter shall notapply to <strong>of</strong>fences and acts committed or aboutto be committed by a person on board an aircraftin flight in the air-space <strong>of</strong> the State <strong>of</strong>registration or over the high seas or any otherarea outside the territory <strong>of</strong> any State unlessthe last point <strong>of</strong> take-<strong>of</strong>f or the next point <strong>of</strong>intended landing is situated in a State otherthan that <strong>of</strong> registration, or the aircraftsubsequently flies in the air-space <strong>of</strong> a Stateother than that <strong>of</strong> registration with such personstill on board.2. Notwithstanding the provisions <strong>of</strong>Article 1, paragraph 3, an aircraft shall for thepurposes <strong>of</strong> this Chapter, be considered to bein flight at any time from the moment when allits external doors are closed followingembarkation until the moment when any suchdoor is opened for disembarkation. In the case<strong>of</strong> a forced landing, the provisions <strong>of</strong> thisChapter shall continue to apply with respect to<strong>of</strong>fences and acts committed on board untilcompetent authorities <strong>of</strong> a State take over theresponsibility for the aircraft and for thepersons and property on board.134CHAP. XVI THE TOKYO CONVENTION, 1963Article 61. The aircraft commander may, when hehas reasonable grounds to believe that a personhas committed or is about to commit, on boardthe aircraft an <strong>of</strong>fence or act contemplated inArticle 1 paragraph 1, impose upon such personreasonable measures including restrain whichare necessary :(a) to protect the safety <strong>of</strong> the aircraft or <strong>of</strong>persons <strong>of</strong> property therein; or(b) to maintain good order and disciplineon board; or(c) to enable him to deliver such person tocompetent authorities or to disembarkhim in accordance with the provisions<strong>of</strong> this Chapter.2. The aircraft commander may require orauthorize the assistance <strong>of</strong> other crew membersand may request or authorize, but not require,the assistance <strong>of</strong> passengers to restrain anyperson whom he is entitled to restraint. Anycrew member or passenger may also takereasonable preventive measures without suchauthorization when he has reasonable groundsto believe that such action is immediatelynecessary to protect the safety <strong>of</strong> the aircraft,or <strong>of</strong> persons <strong>of</strong> property therein.Article 71. Measures <strong>of</strong> restraint imposed upon aperson in accordance with Article 6 shall notbe continued beyond any point at which theaircraft lands unless :(a) such point is in the territory <strong>of</strong> a non-Contracting State and its authoritiesrefuse to permit disembarkation <strong>of</strong> thatperson or those measures have beenimposed in accordance with Article 6,paragraph 1(c) in order to enable hisdelivery to competent authorities;(b) the aircraft makes a forced landing andthe aircraft commander is unable todeliver that person to competentauthorities; or
135THE TOKYO CONVENTION, 1963CHAP. XVI(c) that person agrees to onward carriageunder restraint.2. The aircraft commander shall as soonas practicable, and if possible before landingin the territory <strong>of</strong> a State with a person onboard who has been placed under restraint inaccordance with the provisions <strong>of</strong> Article 6,notify the authorities <strong>of</strong> such State <strong>of</strong> the factthat a person on board in under restraint and <strong>of</strong>the reasons for such restraint.Article 81. The aircraft commander may, in so faras its is necessary for the purpose <strong>of</strong>subparagraph (a) or (b) <strong>of</strong> paragraph 1 <strong>of</strong> Article6, disembark in the territory <strong>of</strong> any State inwhich the aircraft lands any person who he hasreasonable grounds to believe has committed,or is about to commit, on board the aircraft anact contemplated in Article 1, paragraph 1(b).2. The aircraft commander shall report tothe authorities <strong>of</strong> the State in which hedisembarks any person pursuant to this Article,the fact <strong>of</strong>, and the reasons for, suchembarkation.Article 91. The aircraft commander may deliver tothe competent authorities <strong>of</strong> any ContractingState in the territory <strong>of</strong> which the aircraft landsany person who he has reasonable grounds tobelieve has committed on board the aircraft anact which, in his opinion, is a serious <strong>of</strong>fenceaccording to the penal law <strong>of</strong> the Stateregistration <strong>of</strong> the aircraft.2. The aircraft commander shall as soonas practiable and if possible before landing inthe territory <strong>of</strong> a Contracting State with a personon board whom the aircraft commander intendsto deliver in accordance with the proceedingparagraph, notify the authorities <strong>of</strong> such State<strong>of</strong> his intention to deliver such person and thereasons therefor.3. The aircraft commander shall furnishthe authorities to whom any suspected <strong>of</strong>fenderis delivered in accordance with the provisions<strong>of</strong> this Article with evidence and informationwhich under the law <strong>of</strong> the State <strong>of</strong> registration<strong>of</strong> the aircraft, are lawfully in his possession.Article 10For actions taken in accordance with thisConvention, neither the aircraft commander,any other member <strong>of</strong> the crew, any passenger,the owner or operator <strong>of</strong> the aircraft, nor theperson on whose behalf the flight was perfomedshall be held responsible in any proceeding onaccount <strong>of</strong> the treatment undergone by theperson against whom the actions were taken.CHAPTER IVUNLAWFUL SEIZURE OF <strong>AIRCRAFT</strong>Article 111. When a person on board has unlawfullycommitted by force <strong>of</strong> threat there<strong>of</strong> an act <strong>of</strong>interference seizure, or other wrongful exercise<strong>of</strong> control <strong>of</strong> an aircraft in flight or when suchan act is about to be committed, ContractingStates shall take all appropriate measures torestore control <strong>of</strong> the aircraft to its lawfulcommander or to preserve his control <strong>of</strong> theaircraft.2. In the cases contemplated in theproceeding paragraph, the Contracting Statein which the aircraft land shall permit itspassengers and crew to continue their journeyas soon as practicable and shall return theaircraft and its cargo to the person lawfullyentitled to possession.CHAPTER VPOWERS AND DUTIES OF STATESArticle 12Any Contracting State shall allow thecommander <strong>of</strong> an aircraft registered in anotherContracting State to disembark any personpursuant to Article 8, paragraph 1.Article 131. Any Contracting State shall take delivery<strong>of</strong> any person whom the aircraft commanderdelivers pursuant to Article 9, paragraph 1.
136CHAP. XVI THE TOKYO CONVENTION, 19632. Upon being satisfied that thecircumstances so warrant, any Contracing Stateshall take custody or other measures to ensurethe presence <strong>of</strong> any person suspected <strong>of</strong> an actcontemplated in Article 11, paragraph 1 and <strong>of</strong>any person <strong>of</strong> whom it has taken delivery. Thecustody and other measures shall be as providedin the law <strong>of</strong> that State but may only becontinued for such time as is reasonablynecessary to enable any criminal or extraditionproceedings to be instituted.3. Any person in custody pursuant to theprevious paragraph shall be assisted incommunicating immediately with the nearestappropriate representative <strong>of</strong> the State <strong>of</strong> whichhe is national.4. Any Contracting State, to which a personis delivered pursuant to Article 9, paragraph 1,or in whose territory an aircraft lands followingthe commission <strong>of</strong> an act contemplated inArticle 11, paragraph 1, shall immediately makea preliminary enquiry into the facts.5. When a State, pursuant to this Article,has taken a person into custody, it shallimmediately notify the State <strong>of</strong> registration <strong>of</strong>the aircraft and the State <strong>of</strong> nationality <strong>of</strong> thedetained person and, if it considers it advisable,any other interested State <strong>of</strong> the fact that suchperson is in custody and <strong>of</strong> the circumstanceswhich warrant his detention. The State whichmakes the preliminary enquiry contemplatedin paragraph 4 <strong>of</strong> this Article shall promptlyreport its findings to the said States and shallindicate whether it intends to exercisejurisdiction.Article 141. When any person has been disembarkedin accordance with Article 8, paragraph 1, ordelivered in accordance with Article 9,paragraph 1, has disembarked after committingan act contemplated in Article 11, paragraph 1,and when such person cannot or does notdesire to continue his journey and the State <strong>of</strong>landing refuses to admit him, that State may, ifthe person in question is not a national orpermanent resident <strong>of</strong> that State, return him tothe territory <strong>of</strong> the State <strong>of</strong> which he is anational or permanent resident or to the territory<strong>of</strong> the State in which he began his journey byair.2. Neither disembarkation, nor delivery,nor the taking <strong>of</strong> custody or other measurescontemplated in Article 13, paragraph 2, norreturn <strong>of</strong> the person concerned, shall beconsidered as admission to the territory <strong>of</strong> theContracting State concerned for the purpose<strong>of</strong> its law relating to entry or admission <strong>of</strong>persons and nothing in this Convention shallaffect the law <strong>of</strong> a Contracting State relating tothe expulsion <strong>of</strong> persons from its territory.Article 151. Without prejudice to Article 14, anyperson who has been disembarked inaccordance with Article 8, paragraph 1, ordelivered in accordance with Article 9,paragraph 1, or delivered in accordance withArticle 9, paragraph 1, or has disembarkedafter committing an act contemplated in Article11, paragraph 1, and who desires to continuehis journey shall be at liberty as soon aspracticable to proceed to any destination <strong>of</strong> hischoice unless his presence is required by thelaw <strong>of</strong> the State <strong>of</strong> landing for the purpose <strong>of</strong>extradition <strong>of</strong> criminal proceedings.2. Without prejudice to its law as to entryand admission to, and extradition and expulsionfrom its territory, a Contracting State in whoseterritory a person has been disembarked inaccordance with Article 8, paragraph 1, ordelivered in accordance with Article 9,paragraph 1 or has disembarked and issuspected <strong>of</strong> having committed an actcontemplated in Article 11, paragraph 1, shallaccord to such person treatment which is noless favourable for his protection and securitythan that accorded to nationals <strong>of</strong> suchContracting State in like circumstances.
137THE TOKYO CONVENTION, 1963CHAP. XVICHAPTER VIOTHER PROVISIONSArticle 161. Offences committed on aircraftregistered in a Contracting State shall be treated,for the purpose <strong>of</strong> extradition, as if they hadbeen committed not only in the place in whichthey have occurred but also in the territory <strong>of</strong>the State <strong>of</strong> registration <strong>of</strong> the aircraft.2. Without prejudice to the provisions <strong>of</strong>the preceding paragraph, nothing in thisConvention shall be deemed to create anobligation to grant extradition.Article 17In taking any measures for investigation orarrest or otherwise exercising jurisdiction inconnection with any <strong>of</strong>fence committed onboard an aircraft the Contracting State shallpay due regard to the safety and other interests<strong>of</strong> air navigation and shall so act as to avoidunnecessary delay <strong>of</strong> the aircraft, passengerscrew or cargo.Article 18If Contracting States establish joint airtransport operating organizations orinternational operating agencies, which operateaircraft not registered in any one State thoseStates shall, according to the circumstances <strong>of</strong>the case, designate the State among them whichfor the purposes <strong>of</strong> this Convention, shall beconsidered as the State <strong>of</strong> registration andshall give notice there<strong>of</strong> to the International<strong>Civil</strong> <strong>Aviation</strong> Organization which shallcommunicate the notice to all States parties tothis Convention.CHAPTER VIIFINAL CLAUSESArticle 19Until the date on which this Conventioncomes into force in accordance with theprovisions <strong>of</strong> Article 21, it shall remain openfor signature on behalf <strong>of</strong> any State which atthat date is a Member <strong>of</strong> the United Nations or<strong>of</strong> any <strong>of</strong> the Specialized Agencies.Article 201. This Convention shall be subject toratification by the signatory States inaccordance with their constitutionalprocedures.2. The instruments <strong>of</strong> ratification shall bedeposited with the International <strong>Civil</strong> <strong>Aviation</strong>Organization.Article 211. As soon as twelve <strong>of</strong> the signatory Stateshave deposited their instruments <strong>of</strong> ratification<strong>of</strong> this Convention, it shall come into forcebetween them on the ninetieth day after thedate <strong>of</strong> the deposit <strong>of</strong> the twelfth instrument <strong>of</strong>ratification. It shall come into force for eachState ratifying thereafter on the ninetieth dayafter the deposit <strong>of</strong> its instrument <strong>of</strong> ratification.2. As soon as this Convention comes int<strong>of</strong>orce, it shall be registered with the Secretary-<strong>General</strong> <strong>of</strong> the United Nations by theInternational <strong>Civil</strong> <strong>Aviation</strong> Organization.Article 221. This Covention shall, after it has comeinto force, be open for accession by any StateMember <strong>of</strong> the United Nations or <strong>of</strong> any <strong>of</strong> thisSpecialized Agencies.2. The accession <strong>of</strong> a State shall be effectedby the deposit <strong>of</strong> an instrument <strong>of</strong> accessionwith the international <strong>Civil</strong> <strong>Aviation</strong>Organization and shall take effect on theninetieth day after the date <strong>of</strong> such deposit.Article 231. Any Contracting state may denouncethis Convention by notification addressed tothe International <strong>Civil</strong> <strong>Aviation</strong> Organization.2. Denunciation shall take effect sixmonths after the date <strong>of</strong> receipt by theInternational <strong>Civil</strong> <strong>Aviation</strong> Organization <strong>of</strong>the notification <strong>of</strong> denunciation.
Article 24138CHAP. XVI THE TOKYO CONVENTION, 1963Article 261. Any dispute between two or moreContracting States concerning theinterpretation or application <strong>of</strong> this Conventionwhich cannot be settled through negotiation,shall at the request <strong>of</strong> one <strong>of</strong> them, be submittedto arbitration. If within six months from thedate <strong>of</strong> the request for arbitration the Partiesare unable to agree on the organization <strong>of</strong> thearbitration, any one <strong>of</strong> those Parties may referthe dispute to the International Court <strong>of</strong> Justiceby request in conformity with the Statute <strong>of</strong> theCourt.2. Each State may at the time <strong>of</strong> signatureor ratification <strong>of</strong> this Convention or accessionthereto declare that its does not consider itselfbound by the preceding paragraph . The otherContracting States shall not be bound by thepreceding paragraph with respect to anyContracting State having made such areservation.3. Any Contracting State having made areservation in accordance with the proceedingparagraph may at any time withdraw thisreservation by notification to the International<strong>Civil</strong> <strong>Aviation</strong> Organization.Article 25Except as provided in Article 24 noreservation may be made to this Convention.The International <strong>Civil</strong> <strong>Aviation</strong>Organization shall give notice to all StatesMembers <strong>of</strong> the United Nations or <strong>of</strong> any <strong>of</strong> theSpecialized Agencies :(a) <strong>of</strong> any signature <strong>of</strong> this Convention andthe date there<strong>of</strong>;(b) <strong>of</strong> the deposit <strong>of</strong> any instrument <strong>of</strong>ratification or accession and the datethere<strong>of</strong>;(c) <strong>of</strong> the date on which this Conventioncomes into force in accordance withArticle 21, para-graph 1;(d) <strong>of</strong> the receipt <strong>of</strong> any notification <strong>of</strong>denunciation and the date there<strong>of</strong>; and(e) <strong>of</strong> the receipt <strong>of</strong> any declaration ornotification made under Article 24 andthe date there<strong>of</strong>.IN WITNESS WHEREOF the undersignedPlenipotentiaries having been duly authorised,have signed this Convention.DONE at Tokyo on the fourteeth day <strong>of</strong>September One Thousand Nine Hundred andSixtythree in three authentic texts drawn up inthe English, French and Spanish languages.This Convention shall be deposited withthe International <strong>Civil</strong> <strong>Aviation</strong> Organizationwith which, in accordance with Article 19, itshall remain open for signature and the saidOrganization shall send certified copies there<strong>of</strong>to all States Members <strong>of</strong> the United Nations or<strong>of</strong> any Specialized Agency.
139CHAPTER XVIICONVENTION FOR THE SUPPRESSION OFUNLAWFUL SEIZURE OF <strong>AIRCRAFT</strong>SIGNED AT THE HAGUE ON 16TH DECEMBER, 1970(THE HAGUE CONVENTION, 1970)
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141THE HAGUE CONVENTION, 1970CHAP. XVIICHAPTER XVIICONVENTION FOR THE SUPPRESSION OFUNLAWFUL SEIZURE OF <strong>AIRCRAFT</strong>SIGNED AT THE HAGUE ON 16TH DECEMBER, 1970 *(THE HAGUE CONVENTION, 1970)PREAMBLETHE STATE PARTIES TO THISCONVENTIONCONSIDERING that unlawful acts <strong>of</strong>seizure or exercise <strong>of</strong> control <strong>of</strong> aircraft inflight jeopardize the safety <strong>of</strong> persons andproperty, seriously affect the operation <strong>of</strong> airservices, and undermine the confidence <strong>of</strong> thepeoples <strong>of</strong> the world in the safety <strong>of</strong> civilaviation;CONSIDERING that the occurrence <strong>of</strong> suchacts is a matter <strong>of</strong> grave concern;CONSIDERING that for the purpose ifdeterring such acts, there is an urgent need toprovide appropriate measures for punishment<strong>of</strong> <strong>of</strong>fenders;HAVE AGREED AS FOLLOWS :Article 1Any person who on board an aircraft inflight:(a) unlawfully, by force or thereat there<strong>of</strong>,or by any other form <strong>of</strong> intimidationseizes, or exercises control <strong>of</strong>, thataircraft, or attempts to perform any suchact, or(b) is an accomplice <strong>of</strong> a person whoperforms or attempts to perform anysuch actcommits an <strong>of</strong>fence (hereinafter referred toas “the <strong>of</strong>fence”).Article 2Each Contracting State undertakes to makethe <strong>of</strong>fence punishable by severe penalties.Article 31. For the purposes <strong>of</strong> this Convention, anaircraft is considered to be in flight at any timefrom the moment when all its external doorsare closed following embarkation until themoment when any such door is opened fordisembarkation. In the case <strong>of</strong> a forced landing,the flight shall be deemed to continue until thecompetent authorities take over theresponsibility for the aircraft and for personsand property on board.2. This Convention shall not apply to aircraftused in military, customs or police services.3. This Convention shall apply only if theplace <strong>of</strong> take <strong>of</strong>f or the place <strong>of</strong> actual landing<strong>of</strong> the aircraft on board which the <strong>of</strong>fence iscommitted is situated outside the territory <strong>of</strong>the State <strong>of</strong> registration <strong>of</strong> that aircraft; it shallbe immaterial whether the aircraft is engagedin an international or domestic flight.4. In the cases mentioned in Article 5, thisConvention shall not apply if the place <strong>of</strong> take-* Entered into force.on 14 October, 1971.As on 30 June, 2003 there are only 177 contracting States party to it.India has ratified it.
<strong>of</strong>f and the place <strong>of</strong> actual landing <strong>of</strong> the aircrafton board which the <strong>of</strong>fence is committed aresituated within the territory <strong>of</strong> the same Statewhere that State is one <strong>of</strong> those referred to inthat Article.5. Notwithstanding paragraph 3 and 4 <strong>of</strong>this Article, Article 6,7,8 and 10 shall applywhatever the place <strong>of</strong> take-<strong>of</strong>f or the place <strong>of</strong>actual landing <strong>of</strong> the aircraft, if the <strong>of</strong>fender orthe alleged <strong>of</strong>fender is found in the territory <strong>of</strong>a State other than the State <strong>of</strong> registration <strong>of</strong>that aircraft.Article 41. Each Contracting State shall take suchmeasures as may be necessary to establish itsjurisdiction over the <strong>of</strong>fence and any other act<strong>of</strong> violence against passengers or crewcommitted by the alleged <strong>of</strong>fender in connectionwith the <strong>of</strong>fence in the following cases :(a) when the <strong>of</strong>fence is committed on boardan aircraft registered in that State;(b) when the aircraft on board which the<strong>of</strong>fence is committed lands in itsterritory with the alleged <strong>of</strong>fender stillon board;(c) when the <strong>of</strong>fence is committed on boardan aircraft leased without crew to alessee who has his principal place <strong>of</strong>business, if the lessee has no such place<strong>of</strong> business or his permanent residence,in that State.2. Each Contracting State shall likewisetake such measures as may be necessary toestablish its jurisdiction over the <strong>of</strong>fence inthe case where the alleged <strong>of</strong>fender is presentin its territory and it does not extradite himpursuant to Article 8 to any <strong>of</strong> the Statesmentioned in paragraph 1 <strong>of</strong> this Article.3. This Convention does not exclude anycriminal jurisdiction exercised in accordancewith national law.142CHAP. XVII THE HAGUE CONVENTION, 1970Article 5The Contracting States which establish jointair transport operating organizations orinternational operating agencies, which operateaircraft which are subject to joint orinternational registration shall, by appropriatemeans, designate for each aircraft the Stateamong them which shall exercise thejurisdiction and have the attributes <strong>of</strong> the State<strong>of</strong> registration for the purpose <strong>of</strong> thisConvention and shall give notice there<strong>of</strong> to theInternational <strong>Civil</strong> <strong>Aviation</strong> Organizationwhich shall communicate the notice to all StatesParties to this Convention.Article 61. Upon being satisfied that thecircumstances so warrant, any ContractingState in the territory <strong>of</strong> which the <strong>of</strong>fender orthe alleged <strong>of</strong>fender is present, shall take himinto custody or take other measures to ensurehis presence. The custody and other measuresshall be as provided in the law <strong>of</strong> that State butmay only be continued for such time as isnecessary to enable any criminal or extraditionproceedings to be instituted.2. Such State shall immediately make apreliminary enquiry into the facts.3. Any person in custody pursuant toparagraph 1 <strong>of</strong> this Article shall be assisted incommunicating immediately with the nearestappropriate representative <strong>of</strong> the State <strong>of</strong> whichhe is a national.4. When a State, pursuant to this Article,has taken a person into custody, it shallimmediately notify the State <strong>of</strong> registration <strong>of</strong>the aircraft, the State mentioned in Article 4,paragraph 1(c), the State <strong>of</strong> nationality <strong>of</strong> thedetained person and, if it considers it advisable,any other interested States <strong>of</strong> the fact that suchperson is in custody and <strong>of</strong> the circumstanceswhich warrant his detention. The State whichmakes the preliminary enquiry contemplated
143THE HAGUE CONVENTION, 1970CHAP. XVIIin paragraph 2 <strong>of</strong> this Article shall promptlyreport its findings to the said States and shallindicate whether it intends to exercisejurisdiction.Article 7The Contracting State in the territory <strong>of</strong>which the alleged <strong>of</strong>fender is found shall, if itdoes not extradite him, be obliged, withoutexception whatsoever and whether or not the<strong>of</strong>fence was committed in its territory, tosubmit the case to its competent authoritiesfor the purpose <strong>of</strong> prosecution. Thoseauthorities shall take their decision in thesame manner as in the case <strong>of</strong> any ordinary<strong>of</strong>fence <strong>of</strong> a serious nature under the law <strong>of</strong>that State.Article 81. The <strong>of</strong>fence shall be deemed to beincluded as an extraditable <strong>of</strong>fence in anyextradition treaty existing between ContractingStates. Contracting States undertake to includethe <strong>of</strong>fence as an extraditable <strong>of</strong>fence in everyextradition treaty to be concluded betweenthem.2. If a Contracting State which makesextradition conditional on the existence <strong>of</strong> atreaty receives a request for extradition fromanother Contracting State with which it has noextradition treaty, it may at its option considerthis Convention as the legal basis for extraditionin respect <strong>of</strong> the <strong>of</strong>fence. Extradition shall besubject to the other conditions provided bythe law <strong>of</strong> the requested State.3. Contracting States which do not makeextradition conditional on the existence <strong>of</strong> atreaty shall recognize the <strong>of</strong>fence as anextraditable <strong>of</strong>fence between themselvessubject to the conditions provided by the law<strong>of</strong> the requested State.4. The <strong>of</strong>fence shall be treated, for thepurpose <strong>of</strong> extradition between ContractingStates, as if it had been committed not only inthe place in which it occurred but also interritories <strong>of</strong> the States required to establishtheir jurisdiction in accordance with Article 4,paragraph 1.Article 91. When any <strong>of</strong> the acts mentioned in Article1(a) has occurred or is about to occur,Contracting States shall take all appropriatemeasures to restore control <strong>of</strong> the aircraft to itslawful commander or to preserve his control <strong>of</strong>the aircraft.2. In the cases contemplated by thepreceding paragraph any Contracting State inwhich the aircraft or its passengers or crew arepresent shall facilitate the continuation <strong>of</strong> thejourney <strong>of</strong> the passengers and crew as soon aspracticable, and shall without delay return theaircraft and its cargo to the persons lawfullyentitled to possession.Article 101. Contracting States shall afford oneanother the greatest measure <strong>of</strong> assistance inconnection with criminal proceedings broughtin respect to the <strong>of</strong>fence and other actsmentioned in Article 4. The law <strong>of</strong> the Staterequested shall apply in all cases.2. The provision <strong>of</strong> paragraph 1 <strong>of</strong> thisArticle shall not affect obligations under anyother treaty, bilateral or multilateral, whichgoverns or will govern in whole or in partmutual assistance in criminal matters.Article 11Each Contracting State shall in accordancewith its national law report to the Council <strong>of</strong>the International <strong>Civil</strong> <strong>Aviation</strong> Organizationas promptly as possible any relevantinformation in its possession concerning :(a) the circumstances <strong>of</strong> the <strong>of</strong>fence;(b) the action taken pursuant to Article 9;(c) the measures taken in relating to the<strong>of</strong>fender or the alleged <strong>of</strong>fender, and inparticular, the results <strong>of</strong> any extraditionproceedings or other legal proceedings.
Article 121. Any dispute between two or moreContracting States concerning theinterpretation or application <strong>of</strong> this Conventionwhich cannot be settled through negotiation,shall at the request <strong>of</strong> one <strong>of</strong> them, be submittedto arbitration. If within six months from thedate <strong>of</strong> the request for arbitration the Partiesare unable to agree on the organization <strong>of</strong> thearbitration, any one <strong>of</strong> those Parties may referthe dispute to the International Court <strong>of</strong> Justiceby request in conformity with the Statute <strong>of</strong> theCourt.2. Each State may at the time <strong>of</strong> signatureor ratification <strong>of</strong> this Convention or accessionthereto, declare that it does not consider itselfbound by the preceding paragraph. The otherContracting States shall not be bound by thepreceding paragraph with respect to anyContracting State having made such areservation.3. Any Contracting State having made areservation in accordance with the precedingparagraph may at any time withdraw thisreservation by notification to the DepositaryGovernments.Article 131. This Convention shall be open forsignature at The Hague on 16 December 1970,by State participating in the InternationalConference on Air Law held at The Hague from1 to 16 December 1970 (herein after referredto as The Hague Conference). After 31December 1970, the Convention shall be opento all States for signature in Moscow, Londonand Washington. Any State which does notsign this Convention before its entry into forcein accordance with paragraph 3 <strong>of</strong> this Articlemay accede to it at any time.2. This Convention shall be subject toratification by the signatory States. Instruments<strong>of</strong> ratification and instruments <strong>of</strong> accessionshall be deposited with the Governments <strong>of</strong>the Union <strong>of</strong> Soviet Socialist Republics, theUnited Kingdom <strong>of</strong> Great Britain and Northern144CHAP. XVII THE HAGUE CONVENTION, 1970Ireland, and the United States <strong>of</strong> America,which are hereby designated the DepositaryGovernments.3. This Convention shall enter into forcethirty days following the date <strong>of</strong> the deposit <strong>of</strong>instruments <strong>of</strong> ratification by ten Statessignatory to this Convention which participatedin The Hague Conference.4. For other States, this Convention shallenter into force on the date <strong>of</strong> entry into force<strong>of</strong> this Convention in accordance withparagraph 3 <strong>of</strong> the this Article, or thirty daysfollowing the date <strong>of</strong> deposit <strong>of</strong> theirinstruments <strong>of</strong> ratification or accession,whichever is later.5. The Depositary Governments shallpromptly inform all signatory and accedingStates <strong>of</strong> the date <strong>of</strong> each signature, the date <strong>of</strong>deposit <strong>of</strong> each instrument <strong>of</strong> ratification oraccession, the date <strong>of</strong> entry into force <strong>of</strong> theConvention, and other notices.6. As soon as this Convention comes int<strong>of</strong>orce, it shall be registered by the DepositaryGovernments pursuant to Article 102 <strong>of</strong> theChapter <strong>of</strong> the United Nations and pursuant toArticle 83 <strong>of</strong> the Convention <strong>of</strong> International<strong>Civil</strong> <strong>Aviation</strong> (Chicago, 1944).Article 141. Any Contracting State may denouncethis Convention by written notification to theDepositary Governments.2. Denunciation shall take effect six monthsfollowing the date on which notification isreceived by the Depositary Governments.IN WITNESS WHEREOF the undersignedPlenipotentiaries, being duly authorised theretoby their Governments have signed thisconvention.DONE at The Hague, this sixteenth day <strong>of</strong>December, one thousand nine hundred andseventy, in three originals, each being drawnup in four authentic texts in the English, French,Russian and Spanish languages.
145CHAPTER XVIIICONVENTION ON THE SUPPRESSION OF UNLAWFULACTS AGAINST THE SAFETY OF CIVIL AVIATIONSIGNED AT MONTREAL ON 23RD SEPTEMBER, 1971.(THE MONTREAL CONVENTION, 1971)
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147THE MONTREAL CONVENTION, 1971CHAP. XVIIICHAPTER XVIIICONVENTION ON THE SUPPRESSION OF UNLAWFULACTS AGAINST THE SAFETY OF CIVIL AVIATIONSIGNED AT MONTREAL ON 23RD SEPTEMBER, 1971 *(THE MONTREAL CONVENTION, 1971)THE STATES PARTIES TO THISCONVENTIONCONSIDERING that unlawful acts againstthe safety <strong>of</strong> civil aviation jeopardize the safety<strong>of</strong> persons and property, seriously affect theoperation <strong>of</strong> air services, and undermine theconfidence <strong>of</strong> the peoples <strong>of</strong> the world in thesafety <strong>of</strong> civil aviation;CONSIDERING that occurrence <strong>of</strong> suchacts is a matter <strong>of</strong> grave concern;CONSIDERING that, for the purpose <strong>of</strong>deterring such acts, there is an urgent need toprovide appropriate measures for punishment<strong>of</strong> <strong>of</strong>fenders;HAVE AGREED AS FOLLOWS:Article 1Any person commits an <strong>of</strong>fence if heunlawfully and intentionally :–(a) performs an act <strong>of</strong> violence against aperson on board an aircraft in flight ifthe act is likely to endanger the safety <strong>of</strong>that aircraft; or(b) destroys an aircraft in service or causesdamage to such an aircraft which rendersit incapable <strong>of</strong> flight or which is likelyto endanger its safety in flight; or(c) places or causes to be placed on anaircraft in service, by any meanswhatsoever, a device or substance whichis likely to destroy that aircraft, or tocause damage to it which renders itincapable <strong>of</strong> flight, or to cause damageto it which is likely to endanger itssafety in flight; or(d) destroys or damages air navigationfacilities or interferes with their operationif any such act is likely to endangerthe safety <strong>of</strong> aircraft in flight; or(e) communicates information which heknows to be false, thereby endangeringsafety <strong>of</strong> an aircraft in flight.Any person also commits an <strong>of</strong>fence if he:(a) attempts to commit any <strong>of</strong> the <strong>of</strong>fencesmentioned in paragraph 1 <strong>of</strong> this Article;or(b) is an accomplice <strong>of</strong> a person whocommits or attempts to commit any such<strong>of</strong>fence.Article 2For the purposes <strong>of</strong> this convention :(a) an aircraft is considered to be in flightat any time from the moment when allthe external doors are closed followingembarkation until the moment when anysuch door is opened for disembarkation;in the case <strong>of</strong> a forced landing, the flight* Entered into force.on 26 January, 1973.As on 30 June, 2002 there were only 179 contracting States party to it.India has ratified it.
148CHAP. XVIII THE MONTREAL CONVENTION, 1971shall be deemed to continue until thecompetent authorities take over theresponsibility for the aircraft and forpersons and property on board;(b) an aircraft is considered to be in servicefrom the beginning <strong>of</strong> the preflightpreparation <strong>of</strong> the aircraft by groundpersonnel or by the crew for a specificflight until twenty four hours after anylanding; the period <strong>of</strong> service shall, inany event, extend for the entire periodduring which the aircraft is in flight asdefined in paragraph (a) <strong>of</strong> this Article.Article 3Each Contracting State undertakes to makethe <strong>of</strong>fences mentioned in Article 1 punishableby severe penalties.Article 41. This Convention shall not apply to aircraftused in military, customs or police services.2. In the case contemplated in subparagraphs(a), (b), (c) and (e) <strong>of</strong> paragraph 1 <strong>of</strong> Article 1,this Convention shall apply, irrespective <strong>of</strong>whether the aircraft is engaged in aninternational or domestic flight, only if:(a) the place <strong>of</strong> take-<strong>of</strong>f or landing, actualor intended, <strong>of</strong> the aircraft is situatedoutside territory <strong>of</strong> the State <strong>of</strong>registration <strong>of</strong> that aircraft; or(b) the <strong>of</strong>fence is committed in the territory<strong>of</strong> a State other than the State <strong>of</strong>registration <strong>of</strong> the aircraft.3. Notwithstanding paragraph 2 <strong>of</strong> thisArticle, in the cases contemplated in subparagraphs(a), (b), (c) and (e) <strong>of</strong> paragraph 1<strong>of</strong> Article 1, this convention shall also apply ifthe <strong>of</strong>fender or the alleged <strong>of</strong>fender is found inthe territory <strong>of</strong> a State other than the State <strong>of</strong>registration <strong>of</strong> the aircraft.4. With respect to the States mentioned inArticle 9 and in cases mentioned in subparagraph(a), (b), (c) and (e) <strong>of</strong> paragraph 1 <strong>of</strong>Article 1, this Convention shall not apply if theplaces referred to in subparagraph (a) <strong>of</strong>paragraph 2 <strong>of</strong> this Article are situated withinthe territory <strong>of</strong> the same State where that Stateis one <strong>of</strong> those referred to in Article 9, unlessthe <strong>of</strong>fence is committed or the <strong>of</strong>fender oralleged <strong>of</strong>fender is found in the territory <strong>of</strong> aState other than that State.5. In the cases contemplated insubparagraph (d) <strong>of</strong> paragraph 1 <strong>of</strong> Article 1,this Convention shall apply only if the airnavigation facilities are used in internationalair navigation.6. The provisions <strong>of</strong> paragraphs 2, 3, 4, and5 <strong>of</strong> this Article shall also apply in the casescontemplated in paragraph 2 <strong>of</strong> Article 1.Article 51. Each Contracting State shall take suchmeasures as may be necessary to establish itsjurisdiction over the <strong>of</strong>fences in the followingcases:(a) when the <strong>of</strong>fence is committed in theterritory <strong>of</strong> that State;(b) when the <strong>of</strong>fence is committed againstor on board an aircraft registered in thatState;(c) when the aircraft on board which the<strong>of</strong>fence is committed lands in itsterritory with the alleged <strong>of</strong>fender stillon board;(d) when the <strong>of</strong>fence is committed againstor on board an aircraft leased withoutcrew to a lessee who has his principalplace <strong>of</strong> business or, if the lessee has nosuch place <strong>of</strong> business, his permanentresidence, in that State.2. Each Contracting State shall likewisetake such measures as may be necessary toestablish its jurisdiction over the <strong>of</strong>fencesmentioned in Article 1, paragraph 1(a), (b) and(c), and in Article 1, paragraph 2, in so far asthat paragraph relates to those <strong>of</strong>fences in thecase where the alleged <strong>of</strong>fender is present inits territory and it does not extradite himpursuant to Article 8 to any <strong>of</strong> the Statesmentioned in paragraph 1 <strong>of</strong> this Article.
3. This Convention does not exclude anycriminal jurisdiction exercised in accordancewith national law.Article 61. Upon being satisfied that thecircumstances so warrant, any Contracting Statein the territory <strong>of</strong> which the <strong>of</strong>fender or thealleged <strong>of</strong>fender is present, shall take him intocustody or take other measures to ensure hispresence. The custody and other measures shallbe as provided in the law <strong>of</strong> that State but mayonly be continued for such time as is necessaryto enable any criminal or extraditionproceedings to be instituted.2. Such State shall immediately make apreliminary enquiry into the facts.3. Any person in custody pursuant toparagraph 1 <strong>of</strong> this Article shall be assisted incommunicating immediately with the nearestappropriate representative <strong>of</strong> the State <strong>of</strong> whichhe is a national.4. When a State, pursuant to this Article,has taken a person into custody, it shallimmediately notify the State mentioned inArticle 5, paragraph 1, the State <strong>of</strong> nationality<strong>of</strong> the detained person and, if it considers itadvisable, any other interested States <strong>of</strong> thefact that such person is in custody and <strong>of</strong> thecircumstances which warrant his detention.The State which makes the preliminary enquirycontemplated in paragraph 2 <strong>of</strong> this Articleshall promptly report its findings to the saidStates and shall indicate whether it intends toexercise jurisdiction.Article 7The Contracting State in the territory <strong>of</strong>which the alleged <strong>of</strong>fender is found shall, if itdoes not extradite him, be obliged, withoutexception whatsoever and whether or not the<strong>of</strong>fence was committed in its territory to submitthe case to its competent authorities for thepurpose <strong>of</strong> prosecution. Those authorities shalltake their decision in the same manner as inthe case <strong>of</strong> any ordinary <strong>of</strong>fence <strong>of</strong> a seriousnature under the law <strong>of</strong> that State.149MONTREAL CONVENTION, 1971Article 81. The <strong>of</strong>fences shall be deemed to beincluded as extraditable <strong>of</strong>fences in anyextradition treaty existing between ContractingStates. Contracting States undertake to includethe <strong>of</strong>fences as extraditable <strong>of</strong>fences in everyextraditions treaty to be concluded betweenthem.2. If a Contracting State which makesextradition conditional on the existence <strong>of</strong> atreaty receives a request for extradition fromanother Contracting State with which it hasno extradition treaty, it may at its optionconsider this Convention as the legal basis forextradition in respect <strong>of</strong> the <strong>of</strong>fences.Extradition shall be subject to the otherconditions provided by the law <strong>of</strong> the requestedState.3. Contracting States which do not makeextradition conditional on the existence <strong>of</strong> atreaty shall recognize the <strong>of</strong>fences asextraditable between themselves subject to theconditions provided by the law <strong>of</strong> the requestedState.4. Each <strong>of</strong> the <strong>of</strong>fences shall be treated, forthe purpose <strong>of</strong> extradition between ContractingStates, as if it has been committed not only inthe place in which it occurred but also in theterritories <strong>of</strong> the States required to establishtheir jurisdiction in accordance with Article 5,paragraph 1(b), (c) and (d).Article 9CHAP. XVIIIThe Contrating States which establish jointair transport operating organizations orinternational operating agencies, which operateaircraft which are subject to joint orinternational registration shall, by appropriatemeans, designate for each aircraft the Stateamong them which shall exercise thejurisdiction and have the attributes <strong>of</strong> the State<strong>of</strong> registration for the purpose <strong>of</strong> thisConvention and shall give notice there<strong>of</strong> to theInternational <strong>Civil</strong> <strong>Aviation</strong> Organizationwhich shall communicate the notice to all StatesParties to this Convention.
Article 101. Contracting States shall, in accordancewith international and national law, endeavourto take all practicable measures for thepurpose <strong>of</strong> preventing the <strong>of</strong>fences mentionedin Article 1.2. When, due to the commission <strong>of</strong> one <strong>of</strong>the <strong>of</strong>fences mentioned in Article 1, a flighthas been delayed or interrupted, anyContracting State in whose territory the aircraftor passengers or crew are present shall facilitatethe continuation <strong>of</strong> the journey <strong>of</strong> thepassengers and crew as soon as practicable,and shall without delay return the aircraft andits cargo to the persons lawfully entitled topossession.Article 111. Contracting States shall afford oneanother the greatest measure <strong>of</strong> assistance inconnection with criminal proceedings broughtin respect <strong>of</strong> the <strong>of</strong>fences. The law <strong>of</strong> the Staterequested shall apply in all cases.2. The provisions <strong>of</strong> paragraph 1 <strong>of</strong> thisArticle shall not affect obligations under anyother treaty, bilateral or multilateral, whichgoverns or will govern, in whole or in part,mutual assistance in criminal matters.Article 12Any Contracting State having reason tobelieve that one <strong>of</strong> the <strong>of</strong>fences mentioned inArticle 1 will be committed shall, in accordancewith its national law, furnish any relevantinformation in its possession to those Stateswhich it believes would be the States mentionedin Article 5, paragraph 1.Article 13Each Contracting State shall in accordancewith its national law report to the Council <strong>of</strong>the International <strong>Civil</strong> <strong>Aviation</strong> Organizationas promptly as possible any relevantinformation in its possession concerning :(a) the circumstances <strong>of</strong> the <strong>of</strong>fence;150CHAP. XVIII THE MONTREAL CONVENTION, 1971(b) the action taken pursuant to Article 10,paragraph 2;(c) the measures taken in relation to the<strong>of</strong>fender or the alleged <strong>of</strong>fender and, inparticular , the results <strong>of</strong> any extraditionproceedings or other legal proceedings.Article 141. Any dispute between two or moreContracting States concerning theinterpretation or application <strong>of</strong> this Conventionwhich cannot be settled through negotiation,shall, at the request <strong>of</strong> one <strong>of</strong> them, be submittedto arbitration. If within six months from thedate <strong>of</strong> the request for arbitration the Partiesare unable to agree on the organization <strong>of</strong> thearbitration, any one <strong>of</strong> those Parties may referthe dispute to the International Court <strong>of</strong> Justiceby request in conformity with the Statute <strong>of</strong>the Court.2. Each State may at the time <strong>of</strong> signatureor ratification <strong>of</strong> this Convention or accessionthereto, declare that it does not consider itselfbound by the preceding paragraph. The otherContracting States shall not be bound by thepreceding paragraph with respect to anyContracting State having made such areservation.3. Any Contracting State having made areservation in accordance with the precedingparagraph may at any time withdraw thisreservation by notification to the DepositaryGovernments.Article 151. This Convention shall be open forsignature at Montreal on 23 September 1971,by States participating in the InternationalConference on Air Law held at Montreal from8 to 23 September 1971(herein after referredto as the Montreal Conference). After 10October 1971, the Convention shall be open toall States for signature in Moscow, Londonand Washington. Any State which does notsign this Convention before its entry into forcein accordance with paragraph 3 <strong>of</strong> this Articlemay accede to it at any time.
151MONTREAL CONVENTION, 1971CHAP. XVIII2. The convention shall be subject toratification by the signatory States. Instruments<strong>of</strong> ratification and instruments <strong>of</strong> accessionshall be deposited with the Governments <strong>of</strong>the Union <strong>of</strong> Soviet Socialist Republics, theUnited Kingdom <strong>of</strong> Great Britain and NorthernIreland, and the United States <strong>of</strong> America,which are hereby designated the DepositaryGovernments.3. This Convention shall enter into forcethirty days following the date <strong>of</strong> deposit <strong>of</strong>instrument <strong>of</strong> ratification by ten states signatorythis convention which participated in theMontreal Conference.4. For other States, this Convention shallenter into force on the date <strong>of</strong> entry into force<strong>of</strong> this Convention in accordance withparagraph 3 <strong>of</strong> this Article, <strong>of</strong> thirty daysfollowing the date <strong>of</strong> deposit <strong>of</strong> theirinstruments <strong>of</strong> ratification or accession,whichever is later.5. The Depositary Governments shallpromptly inform all signatory and accedingStates <strong>of</strong> the date <strong>of</strong> each signature, the date <strong>of</strong>deposit <strong>of</strong> each instrument <strong>of</strong> retification oraccession, the date <strong>of</strong> entry into force <strong>of</strong> thisConvention, and other notices.6. As soon as this Convention comes int<strong>of</strong>orce, it shall be registered by the DepositaryGovernments pursuant to Article 102 <strong>of</strong> theCharter <strong>of</strong> the United Nations and pursuant toArticle 83 <strong>of</strong> the Convention on International<strong>Civil</strong> <strong>Aviation</strong> (Chicago, 1944).Article 161. Any Contracting State may denouncethis Convention by written notification to theDepositary Governments.2. Denunciation shall take effect six monthsfollowing the date on which notification isreceived by the Depositary Governments.IN WITNESS WHEREOF the undersignedPlenipotentiaries, being duly authorized theretoand their Governments, have signed thisConvention.DONE at Montreal, this twenty-third day <strong>of</strong>September, one thousand nine hundred andseventy-one in three originals, each being drawnup in four authentic texts in the English, French,Russian and Spanish languages.
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153CHAPTER XIXPROTOCOL FOR THE SUPPRESSION OF UNLAWFULACTS OF VIOLENCE AT AIRPORTS SERVINGINTERNATIONAL CIVIL AVIATION, SIGNED ATMONTREAL ON 24 FEBRUARY, 1988 SUPPLEMENTARYTO THE CONVENTION FOR THE SUPPRESSIONOF UNLAWFUL ACTS AGAINST THE SAFETYOF CIVIL AVIATION, DONE AT MONTREALON 23 SEPTEMBER, 1971(THE MONTREAL PROTOCOL, 1988)
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155THE MONTREAL PROTOCOL, 1988CHAP. XIXCHAPTER XIXPROTOCOL FOR THE SUPPRESSION OF UNLAWFUL ACTS OFVIOLENCE AT AIRPORTS SERVING INTERNATIONAL CIVILAVIATION, SIGNED AT MONTREAL ON 24 FEBRUARY, 1988SUPPLEMENTARY TO THE CONVENTION FOR THE SUPPRESSIONOF UNLAWFUL ACTS AGAINST THE SAFETY OF CIVIL AVIATION,DONE AT MONTREAL ON 23 SEPTEMBER, 1971*(THE MONTREAL PROTOCOL, 1988)THE STATES PARTIES TO THISPROTOCOLCONSIDERING that unlawful acts <strong>of</strong>violence which endanger or are likely to endangerthe safety <strong>of</strong> persons at airports servinginternational civil aviation or which jeopardizethe safe operation <strong>of</strong> such airports underminethe confidence <strong>of</strong> the peoples <strong>of</strong> the world insafety at such airports and disturb the safe andorderly conduct <strong>of</strong> civil aviation for all States;CONSIDERING that the occurrence <strong>of</strong> suchacts is a matter <strong>of</strong> grave concern to theinternational community and that, for the purpose<strong>of</strong> deterring such acts, there is an urgent need toprovide appropriate measures for punishment <strong>of</strong><strong>of</strong>fenders;CONSIDERING that it is necessary to adoptprovisions supplementary to those <strong>of</strong> theConvention for the Suppression <strong>of</strong> unlawful Actsagainst the safety <strong>of</strong> <strong>Civil</strong> <strong>Aviation</strong>, done atMontreal on 23 September 1971, to deal withsuch unlawful acts <strong>of</strong> violence at airports servinginternational civil aviation;HAVE AGREED AS FOLLOWS:Article IThis Protocol supplements the Conventionfor the Suppression <strong>of</strong> Unlawful Acts against theSafety <strong>of</strong> <strong>Civil</strong> <strong>Aviation</strong>, done at Montreal on 23September 1971 (hereinafter referred to as “theConvention”), and, as between the Parties to thisProtocol, the Convention and the Protocol shallbe read and interpreted together as one singleinstrument.Article II1. In Article 1 <strong>of</strong> the Convention, the followingshall be added as new paragraph 1 bis :“1 bis. Any person commits an <strong>of</strong>fence if heunlawfully and intentionally, using any device,substance or weapon:(a) performs an act <strong>of</strong> violence against aperson at an airport serving internationalcivil aviation which causes or is likely tocause serious injury or death; or(b) destroys or seriously damages the facilities<strong>of</strong> an airport serving international civilaviation or aircraft not in service locatedthereon or disrupts the services <strong>of</strong> theairport,if such an act endangers or is likely toendanger safety at that airport.”2. In paragraph 2(a) <strong>of</strong> Article 1 <strong>of</strong> theConvention, the following words shall be insertedafter the words “paragraph 1”:“or paragraph 1 bis”.Article IIIIn Article 5 <strong>of</strong> the Convention, the followingshall be added as paragraph 2 bis :“2 bis. Each Contracting State shall likewise takesuch measures as may be necessary to establish itsjurisdiction over the <strong>of</strong>fences mentioned in Article 1,paragraph 1 bis, and in Article 1, paragraph 2, in so* Entered into force.on 6 August, 1989.As on 30 June, 2003 there were only 134 contracting States party to it.India has ratified it on 22 March 1995.
156CHAP. XIX MONTREAL PROTOCOL, 1988far as that paragraph relates to those <strong>of</strong>fences, in thecase where the alleged <strong>of</strong>fender is present in itsterritory and it does not extradite him pursuant toArticle 8 to the State mentioned in paragraph 1(a) <strong>of</strong>this Article.”Article IVThis Protocol shall be open for signature atMontreal on 24 February 1988 by Statesparticipating in the International Conference onAir Law held at Montreal form 9 to 24 February1988. After 1 March 1988, the Protocol shall beopen for signature to all States in London,Moscow, Washington and Montreal, until it entersinto force in accordance with Article VI.Article V1. This Protocol shall be subject to ratificationby the signatory States.2. Any State which is not a Contracting Stateto the Convention may ratify this Protocol if atthe same time it ratifies or accedes to theConvention in accordance with Article 15 there<strong>of</strong>.3. Instruments <strong>of</strong> ratification shall bedeposited with the Governments <strong>of</strong> the Union <strong>of</strong>Soviet Socialist Republics, the United Kingdom<strong>of</strong> Great Britain and Northern Ireland and UnitedStates <strong>of</strong> America or with the International <strong>Civil</strong><strong>Aviation</strong> Organization, which are herebydesignated the Depositaries.Article VI1. As soon as ten <strong>of</strong> the signatory States havedeposited their instruments <strong>of</strong> ratification <strong>of</strong> thisProtocol, it shall enter into force between themon the thirtieth day after the date <strong>of</strong> the deposit <strong>of</strong>the tenth instrument <strong>of</strong> ratification. It shall enterinto force for each State which deposits itsinstrument <strong>of</strong> ratification after that date on thethirtieth day after deposit <strong>of</strong> its instrument <strong>of</strong>ratification.2. As soon as this Protocol enters into force,it shall be registered by the Depositaries pursuantto Article 102 <strong>of</strong> the Charter <strong>of</strong> the United Nationsand pursuant to Article 83 <strong>of</strong> the Convention onInternational <strong>Civil</strong> <strong>Aviation</strong> (Chicago, 1944).Article VII1. This Protocol shall, after it has enteredinto force, be open for accession by any nonsignatoryState.2. Any State which is not a Contracting Stateto the Convention may accede to this protocol ifat the same time it ratifies or accedes to theConvention in accordance with Article 15 there<strong>of</strong>.3. Instruments <strong>of</strong> accession shall be depositedwith the Depositaries and accession shall takeeffect on the thirtieth day after the deposit.Article VIII1. Any Party to this Protocol may denounce itby written notification addressed to theDepositaries.2. Denunciation shall take effect six monthsfollowings the date on which notification isreceived by the Depositaries.3. Denunciation <strong>of</strong> this Protocol shall not <strong>of</strong>itself have the effect <strong>of</strong> denunciation <strong>of</strong> theConvention.4. Denunciation <strong>of</strong> the Convention by aContracting State to the Convention assupplemented by the Protocol shall also have theeffect <strong>of</strong> denunciation <strong>of</strong> this Protocol.Article IX1. The Depositaries shall promptly inform allsignatory and acceding States to this Protocoland all signatory and acceding States to theConvention :(a) <strong>of</strong> the date <strong>of</strong> each signature and the date<strong>of</strong> deposit <strong>of</strong> each instrument <strong>of</strong>ratification <strong>of</strong>, or accession to, thisProtocol, and(b) <strong>of</strong> the receipt <strong>of</strong> any notification <strong>of</strong>denunciation <strong>of</strong> this Protocol and the datethere<strong>of</strong>.2. The Depositaries shall also notify the Statesreferred to in paragraph 1 <strong>of</strong> the date on whichthis Protocol enters into force in accordancewith Article VI.IN WITNESS WHEREOF the undersignedPlenipotentiaries, being duly authorized theretoby their Governments, have signed this Protocol.DONE at Montreal on the twenty fourth day<strong>of</strong> February <strong>of</strong> the year One Thousand NineHundred and Eighty-eight, in four originals, eachbeing drawn up in four authentic texts in theEnglish, French, Russian and Spanish languages.
157CHAPTER XXCONVENTION ON THE MARKING OF PLASTICEXPLOSIVES FOR THE PURPOSE OF DETECTIONSIGNED AT MONTREAL ON 1ST MARCH, 1991(THE MONTREAL CONVENTION, 1991)
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159THE MONTREAL CONVENTION, 1991CHAP. XXCHAPTER XXCONVENTION ON THE MARKING OF PLASTICEXPLOSIVES FOR THE PURPOSE OF DETECTIONSIGNED AT MONTREAL ON 1ST MARCH, 1991(THE MONTREAL CONVENTION, 1991)THE STATES PARTIES TO THISCONVENTION,CONSCIOUS <strong>of</strong> the implications <strong>of</strong> acts <strong>of</strong>terrorism <strong>of</strong> international security ;EXPRESSING deep concern regardingterrorist acts aimed at destruction <strong>of</strong> aircraft,other means <strong>of</strong> transportation and other targets;CONCERNED that plastic explosives havebeen used for such terrorist acts;CONSIDERING that the marking <strong>of</strong> suchexplosives for the purpose <strong>of</strong> detection wouldcontribute significantly to the prevention <strong>of</strong>such unlawful acts;RECOGNIZING that for the purpose <strong>of</strong>deterring such unlawful acts there is an urgentneed for an international instrument obligingStates to adopt appropriate measures to ensurethat plastic explosives are duly marked;CONSIDERING United Nations SecurityCouncil Resolution 635 <strong>of</strong> 14 June 1989, andUnited Nations <strong>General</strong> Assembly Resolution44/29 <strong>of</strong> 4 December 1989 urging theInternational <strong>Civil</strong> <strong>Aviation</strong> Organization tointensify its work on devising an internationalregime for the marking <strong>of</strong> plastic or sheetexplosives for the purpose <strong>of</strong> detection;BEARING IN MIND Resolution A-27-8adopted unanimously by the 27th Session <strong>of</strong>the Assembly <strong>of</strong> the International <strong>Civil</strong> <strong>Aviation</strong>Organization which endorsed with the highestand overriding priority the preparation <strong>of</strong> anew international instrument regarding themarking <strong>of</strong> plastic or sheet explosives fordetection;NOTING with satisfaction the role playedby the Council <strong>of</strong> the International <strong>Civil</strong><strong>Aviation</strong> Organization in the preparation <strong>of</strong>the Convention as well as its willingness toassume functions related to its implementation;HAVE AGREED AS FOLLOWS :Article IFor the purpose <strong>of</strong> this Convention :1. “Explosives” means explosive products,commonly known as “plastic explosives”,including explosives in flexible or elastic sheetform, as described in the Technical Annex tothis Convention.2. “Detection agent” means a substance asdescribed in the Technical Annex to thisConvention which is introduced into anexplosive to render it detectable.3. “Marking” means introducing into anexplosive a detection agent in accordance withthe Technical Annex to this Convention.4. “Manufacture” means any process,including reprocessing, that producesexplosives.* Entered into force.on 21 June, 1998.As on 30 June, 2003 there were only 94 contracting States party to it.India has ratified it on 16 November, 1999.
160CHAP. XX THE MONTREAL CONVENTION, 19915. “Duly authorized military devices”include, but are not restricted to, shells, bombs,projectiles, mines, missiles, rockets, shapedcharges, grenades and perforatorsmanufactured exclusively for military or policepurpose according to the laws and regulations<strong>of</strong> the State Party concerned.6. “Producer State” means any State inwhose territory explosives are manufactured.Article IIEach State Party shall take the necessaryand effective measures to prohibit and preventthe manufacture in its territory <strong>of</strong> unmarkedexplosives.Article III1. Each State Party take the necessary andeffective measures to prohibit and prevent themovement into or out <strong>of</strong> its territory <strong>of</strong>unmarked explosives.2. The preceding paragraph shall not applyin respect <strong>of</strong> movements for purposes notinconsistent with the objectives <strong>of</strong> thisConvention, by authorities <strong>of</strong> a State Partyperforming military or police functions, <strong>of</strong>unmarked explosives under the control <strong>of</strong> thatstate Party in accordance with paragraph 1 <strong>of</strong>Article IV.Article IV1. Each State Party shall take the necessarymeasures to exercise strict and effective controlover the possession and transfer <strong>of</strong> possession<strong>of</strong> unmarked explosives which have beenmanufactured in or brought into its territoryprior to the entry into force <strong>of</strong> this Conventionin respect <strong>of</strong> that State, so as to prevent theirdiversion or use for purposes inconsistent withthe objectives <strong>of</strong> this Convention.2. Each State Party shall take the necessarymeasures to ensue that all stocks <strong>of</strong> thoseexplosives referred to in paragraph 1 <strong>of</strong> thisarticle not held by its authorities performingmilitary or police functions are destroyed orconsumed for purposes not inconsistent withthe objectives <strong>of</strong> this Convention, marked orrendered permanently ineffective, within aperiod <strong>of</strong> three years from the entry into force<strong>of</strong> this Convention in respect <strong>of</strong> that State.3. Each State Party shall take the necessarymeasures to ensure that all stocks <strong>of</strong> thoseexplosives referred to in paragraph 1 <strong>of</strong> thisArticle held by its authorities performingmilitary or police functions and that are notincorporated as an integral part <strong>of</strong> dulyauthorized military devices are destroyed orconsumed for purposes not inconsistent withthe objectives <strong>of</strong> this Convention, marked orrendered permanently ineffective, within aperiod <strong>of</strong> fifteen years from the entry int<strong>of</strong>orce <strong>of</strong> this Convention in respect <strong>of</strong> thatState.4. Each State Party shall take the necessarymeasures to ensure the destruction, as soon aspossible, in its territory <strong>of</strong> unmarked explosiveswhich may be discovered therein and whichare not referred to in the precceding paragraphs<strong>of</strong> this Article, other than stocks <strong>of</strong> unmarkedexplosives held by its authorities performingmilitary or police functions and incorporatedas an integral part <strong>of</strong> duly authorized militarydevices at the date <strong>of</strong> the entry into force <strong>of</strong>this Convention in respect <strong>of</strong> that State.5. Each State Party shall take the necessarymeasures to exercise strict and effective controlover the possession and transfer <strong>of</strong> possession<strong>of</strong> the explosives referred to in paragraph II <strong>of</strong>Part 1 <strong>of</strong> the Technical Annex <strong>of</strong> thisConvention so as to prevent their diversion oruse for purposes inconsistent with theobjectives <strong>of</strong> this convention.6. Each State Party shall take the necessarymeasures to ensure the destruction, as soon aspossible, in its territory <strong>of</strong> unmarked explosivesmanufactured since the coming into force <strong>of</strong>this Convention in respect <strong>of</strong> that State that arenot incorporated as specified in paragraph IId) <strong>of</strong> Part 1 <strong>of</strong> the Technical Annex to thisConvention and <strong>of</strong> unmarked explosives whichno longer fall within the scope <strong>of</strong> any othersub-paragraphs <strong>of</strong> the said paragraph II.
Article V1. There is established by this Conventionan International Explosives TechnicalCommission (hereinafter referred to as “ theCommission”) consisting <strong>of</strong> not less than fifteennor more than nineteen members appointed bythe Council <strong>of</strong> the International <strong>Civil</strong> <strong>Aviation</strong>Organization (hereinafter referred to as “theCouncil”) from among persons nominated byStates Parties to this Convention.2. The members <strong>of</strong> the Commission shallbe experts having direct and substantialexperience in matters relating to themanufacture or detection <strong>of</strong>, or research in,explosives.3. Members <strong>of</strong> the Commission shall servefor a period <strong>of</strong> three years and shall be eligiblefor re-appointment.4. Sessions <strong>of</strong> the Commission shall beconvened, at least once a year at theHeadquarters <strong>of</strong> the International <strong>Civil</strong> <strong>Aviation</strong>Organization, or at such places and times asmay be directed or approved by the Council.5. The Commission shall adopt its rules orprocedure, subject to the approval <strong>of</strong> theCouncil.Article VI1. The Commission shall evaluate technicaldevelopments relating to the manufacture,marking and detection <strong>of</strong> explosives.2. The Commission, through the Council,shall report its findings to the States Partiesand international organizations concerned.3. Whenever necessary, the Commissionshall make recommendations to the Councilfor amendments to the Technical Annex to thisConvention. The Commission shall endeavourto take its decisions on such recommendationsby consensus. In the absence <strong>of</strong> consensus theCommission shall take such decisions by a twothirds majority vote <strong>of</strong> its members.4. The Council may, on the recommendation<strong>of</strong> the Commission, propose to States Parties161THE MONTREAL CONVENTION, 1991amendments to the technical Annex to thisConvention.Article VIICHAP. XX1. Any State Party may, within ninety daysfrom the date <strong>of</strong> notification <strong>of</strong> a proposedamendment to the Technical Annex to thisConvention, transmit to the Council itscomments. The Council shall communicatethese comments to the Commission as soon aspossible for its consideration. The Councilshall invite any State Party which commentson or objects to the proposed amendment toconsult the Commission.2. The Commission shall consider the views<strong>of</strong> States Parties made pursuant to the precedingparagraph and report to the Council. TheCouncil, after consideration <strong>of</strong> theCommission’s report, and taking into accountthe nature <strong>of</strong> the amendment and the comments<strong>of</strong> States Parties, including producer States,may propose the amendment to all States Partiesfor adoption.3. If a proposed amendment has not beenobjected to by five or more States Parties bymeans <strong>of</strong> written notification to the Councilwithin ninety days from the date <strong>of</strong> notification<strong>of</strong> the amendment by the Council, it shall bedeemed to have been adopted, and shall enterinto force one hundred and eighty daysthereafter or after such other period as specifiedin the proposed amendment for States Partiesnot having expressly objected thereto.4. States Parties having expressly objectedto the proposed amendment may, subsequently,by means <strong>of</strong> the deposit <strong>of</strong> an instrument <strong>of</strong>acceptance or approval, express their consentto be bound by the provisions <strong>of</strong> the amendment.5. If five or more State Parties have objectedto the proposed amendment, the Council shallrefer it to the Commission for furtherconsideration.6. If the proposed amendment has not beenadopted in accordance with paragraph 3 <strong>of</strong> thisArticle, the Council may also convene aconference <strong>of</strong> all States Parties.
Article VIII1. States Parties shall, if possible, transmitto the Council information that would assistthe Commission in the discharge <strong>of</strong> its functionsunder paragraph 1 <strong>of</strong> Article VI.2. States Parties shall keep the Councilinformed <strong>of</strong> measures they have taken toimplement the provisions <strong>of</strong> this Convention.The Council shall communicate suchinformation to all States Parties andinternational organizations concerned.Article IXThe Council shall, in co-operation withState Parties and international organizationconcerned, take appropriate measures t<strong>of</strong>acilitate the implementation <strong>of</strong> thisConvention, including the provision <strong>of</strong>technical assistance and measures for theexchange <strong>of</strong> information relating to technicaldevelopments in the marking and detection <strong>of</strong>explosives.Article XThe Technical Annex to this Conventionshall form an integral part <strong>of</strong> this Convention.Article XI1. Any dispute between two or more StatesParties concerning the interpretation orapplication <strong>of</strong> this Convention which cannotbe settled through negotiation shall, at therequest <strong>of</strong> one <strong>of</strong> them, be submitted toarbitration. If within six months from the date<strong>of</strong> the request for arbitration the Parties areunable to agree on the organization <strong>of</strong> thearbitration, any one <strong>of</strong> those Parties may referthe dispute to the International Court <strong>of</strong> Justiceby request in conformity with the Statute <strong>of</strong> theCourt.2. Each State Party may, at the time <strong>of</strong>signature, ratification, acceptance or approval<strong>of</strong> this Convention or accession thereto, declarethat its does not consider itself bound by theproceeding paragraph. The other States Partiesshall not be bound by the preceding paragraphwith respect to any State Party having made162CHAP. XX THE MONTREAL CONVENTION, 1991such a reservation.3. Any State Party having made a reservationin accordance with the preceding paragraphmay at any time withdraw this reservation bynotification to the Depositary.Article XIIExcept as provided in Article XI noreservation may be made to this Convention.Article XIII1. This Convention shall be open forsignature in Montreal on 1 March 1991 byStates participating in the InternationalConference on Air Law held at Montreal from12 February to 1 March 1991. After 1 March1991 the Convention shall be open to all Statesfor signature at the Headquarters <strong>of</strong> theInternational <strong>Civil</strong> <strong>Aviation</strong> Organization inMontreal until it enters into force in accordancewith paragraph 3 <strong>of</strong> this Article. Any Statewhich does not sign this Convention mayaccede to it at any time.2. This Convention shall be subject toratification, acceptance, approval or accessionby States. Instruments <strong>of</strong> ratification,acceptance, approval or accession shall bedeposited with the International <strong>Civil</strong> <strong>Aviation</strong>Organization, which is hereby designated theDepositary. When depositing its instrument <strong>of</strong>ratification, acceptance, approval or accession,each State shall declare whether or not it is aproducer state.3. This Convention shall enter into force onthe sixtieth day following the date <strong>of</strong> deposit<strong>of</strong> the thirty-fifth instrument <strong>of</strong> ratification,acceptance, approval or accession with theDepositary, provided that no fewer than fiveStates have declared pursuant to paragraph 2<strong>of</strong> this Article that they are producer States.Should thirty five such instruments be depositedprior to the deposit <strong>of</strong> their instruments by fiveproducer States, this Convention shall enterinto force on the sixtieth day following thedate <strong>of</strong> deposit <strong>of</strong> the instrument <strong>of</strong> ratification,acceptance, approval or accession <strong>of</strong> the fifthproducer State.
163THE MONTREAL CONVENTION, 1991CHAP. XX4. For other States, this Convention shallenter into force sixty days following the date<strong>of</strong> deposit <strong>of</strong> their instrument <strong>of</strong> ratification,acceptance, approval or accession.As soon as this Convention comes int<strong>of</strong>orce, it shall be registered by the Depositarypursuant to Article 102 <strong>of</strong> the Chapter <strong>of</strong> theUnited Nations and pursuant to Article 83 <strong>of</strong>the Convention on International <strong>Civil</strong> <strong>Aviation</strong>(Chicago, 1944).Article XIVThe Depositary shall promptly notify allsignatories and States Parties <strong>of</strong> :1. each signature <strong>of</strong> this Convention anddate there<strong>of</strong>;2. each deposit <strong>of</strong> an instrument <strong>of</strong>ratification, acceptance, approval oraccession and date there<strong>of</strong>, givingspecial reference to whether the Statehas identified itself as a producer State;3. the date <strong>of</strong> entry into force <strong>of</strong> thisConvention;4. the date <strong>of</strong> entry into force <strong>of</strong> anyamendment to this Convention or itsTechnical Annex;5. any denunciation made under ArticleXV; and6. any declaration made under paragraph2 <strong>of</strong> Article XI.Article XV1. Any State Party may denounce thisConvention by written notification to theDepositary.2. Denunciation shall take effect onehundred and eighty days following the date onwhich notification is received by theDepositary.IN WITNESS WHEREOF the undersignedPlenipotentiaries, being duly authorized theretoby their Governments, have signed thisConvention.DONE at Montreal, this first day <strong>of</strong> March,one thousand nine hundred and ninety-one inone original, drawn up in five authentic textsin the English, French. Russian, Spanish andArabic languages.TECHNICAL ANNEXPART 1DESCRIPTION OF EXPLOSIVES1. The explosives referred to in paragraph1 <strong>of</strong> Article 1 <strong>of</strong> this Convention are those that:(a) are formulated with one or more highexplosives which in their pure formhave a vapour pressure less than 10 - 4Pa at a temperature <strong>of</strong> 25 0 C;(b) are formulated with a binder material;and(c) are, as a mixture, malleable or flexibleat normal room temperature.II. The following explosives, even thoughmeeting the description <strong>of</strong> explosives inparagraph I <strong>of</strong> this Part, shall not be consideredto be explosives as long as they continue to beheld or used for the purposes specified belowor remain incorporated as there specified,namely those explosives that :(a) are manufactured, or held, in limitedquantities solely for use in dulyauthorized research, development ortesting <strong>of</strong> new or modified explosives;(b) are manufactured, or held, in limitedquantities solely for use in dulyauthorized training in explosivesdetection and/ or development or testing<strong>of</strong> explosives detection equipment;(c) are manufactured, or held, in limitedquantities solely for duly authorizedforensic science purposes; or(d) are destined to be and are incorporatedas an integral part <strong>of</strong> duly authorizedmilitary devices in the territory <strong>of</strong> theproducer State within the year after the
164CHAP. XX THE MONTREAL CONVENTION, 1991coming into force <strong>of</strong> this Convention inrespect <strong>of</strong> that State. Such devicesproduced in this period <strong>of</strong> three yearsshall be deemed to be duly authorizedmilitary devices within paragraph 4 <strong>of</strong>Article IV <strong>of</strong> this Convention.III. In this Part :“duly authorized” in paragraph II (a), (b)and (c) means permitted according to the lawsand regulations <strong>of</strong> the State Party concerned;and“high explosives” include but are notrestricted to cyclotetramethylenetetranitramine(HMX), pentaerythritol tetranitrate (PETN) andcyclotrimethylenetrinitramine (RDX).TABLEPART 2DETECTION AGENTSA detection agent is any one <strong>of</strong> thosesubstances set out in the following Table.Detection agents described in this Table areintended to be used to enhance the detectability<strong>of</strong> explosives by vapour detection means. Ineach case, the introduction <strong>of</strong> a detection agentinto an explosive shall be done in such a manneras to achieve homogeneous distribution in thefinished product. The minimum concentration<strong>of</strong> a detection agent in the finished product atthe time <strong>of</strong> manufacture shall be as shown inthe said Table.Name <strong>of</strong> detection agent Molecular Molecular Minimumformula weight ConcentrationEthylene glycol dinitrate (EGDN) C 2H 4(NO 3) 2152 0.2% by mass2-3- Dimethy 1-2-3-dinitrobutane (DMNB) C 6H 12(NO 2) 2176 0.1% by masspara-Mononitrotoluene (p-MNT) C 7H 7NO 2137 0.5% by massortho-Mononitrotoluene (o-MNT) C 7H 7NO 2137 0.5% by massAny explosive which, as a result <strong>of</strong> its normalformulation, contains any <strong>of</strong> the designateddetection agents at or above the requiredminimum concentration level shall be deemedto be marked.
165CHAPTER XXICONVENTION FOR THE UNIFICATION OFCERTAIN RULES FOR INTERNATIONAL CARRIAGE BYAIR SIGNED AT MONTREAL ON 28 MAY 1999(THE MONTREAL CONVENTION, 1999)
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167THE MONTREAL CONVENTION, 1999CHAP. XXITHE STATES PARTIES TO THISCONVENTIONRECOGNIZING the significantcontribution <strong>of</strong> the Convention for theUnification <strong>of</strong> Certain Rules Relating toInternational Carriage by Air signed in Warsawon 12 October 1929, hereinafter referred to asthe “Warsaw Convention”, and other relatedinstruments to the harmonization <strong>of</strong> privateinternational air law;RECOGNIZING the need to modernize andconsolidate the Warsaw Convention and relatedinstruments;RECOGNIZING the importance <strong>of</strong> ensuringprotection <strong>of</strong> the interests <strong>of</strong> consumers ininternational carriage by air and the need forequitable compensation based on the principle<strong>of</strong> restitution;REAFFIRMING the desirability <strong>of</strong> anorderly development <strong>of</strong> international airtransport operations and the smooth flow <strong>of</strong>passengers, baggage and cargo in accordancewith the principle and objectives <strong>of</strong> theConvention on International <strong>Civil</strong> <strong>Aviation</strong>,done at Chicago on 7 December 1944;CONVINCED that collective State actionfor further harmonization and codification <strong>of</strong>certain rules governing international carriageby air through a new Convention is the mostadequate means <strong>of</strong> achieving an equitablebalance <strong>of</strong> interests;HAVE AGREED AS FOLLOWS:CHAPTER XXICONVENTION FOR THE UNIFICATION OF CERTAINRULES FOR INTERNATIONAL CARRIAGE BY AIRSIGNED AT MONTREAL ON 28 MAY 1999 *(THE MONTREAL CONVENTION, 1999)* Has not entered into force. It requires 30 ratifications to come into force.As on 30 June, 2003 there are only 29 contracting States party to it.India has not ratified it.CHAPTER 1GENERAL PROVISIONSArticle 1Scope <strong>of</strong> Application1. This Convention applies to allinternational carriage <strong>of</strong> persons, baggage orcargo performed by aircraft for reward. Itapplies equally to gratuitous carriage by aircraftperformed by an air transport undertaking.2. For the purpose <strong>of</strong> this Convention, theexpression international carriage means anycarriage in which, according to the agreementbetween the parties, the place <strong>of</strong> departure andthe place <strong>of</strong> destination, whether or not therebe a break in the carriage or transhipment, aresituated either within the territories <strong>of</strong> twoStates Parties, or within the territory <strong>of</strong> a singleState Party if there is an agreed stopping placewithin the territory <strong>of</strong> another State, even ifthat State is not a State Party. Carriage betweentwo points within the territory <strong>of</strong> a single StateParty without an agreed stapping place withinthe territory <strong>of</strong> another State is not internationalcarriage for the purposes <strong>of</strong> this Convention.3. Carriage to be performed by severalsuccessive carriers is deemed, for the purposesor this Convention, to be one undivided carriageif it has been regarded by the parties as a singleoperation, either it had been agreed upon underthe form <strong>of</strong> a single contract or <strong>of</strong> a series <strong>of</strong>contracts, and it does not loose its internationalcharacter merely because one contract or a
168CHAP. XXI THE MONTREAL CONVENTION, 1999series <strong>of</strong> contracts is to be performed entirelywithin the territory <strong>of</strong> the same State.4. This Convention applies also to carriageas set out in Chapter V, subject to the termscontained therein.Article 2Carriage Performed by State and Carriage <strong>of</strong>Postal Items1. This Convention applies to carriageperformed by the State or by legally constitutedpublic bodies provided it falls within theconditions laid down in Article 1.2. In the carriage <strong>of</strong> postal items, the carriershall be liable only to the relevant postaladministration in accordance with the rulesapplicable to the relationship, between thecarriers and the postal administrations.3. Except as provided in paragraph 2 <strong>of</strong>this Article, the provisions <strong>of</strong> this Conventionshall not apply to the carriage <strong>of</strong> postal items.CHAPTER IIDOCUMENTATION AND DUTIES OF THEPARTIES RELATING TO THE CARRIAGEOF PASSENGERS, BAGGAGE AND CARGOArticle 3Passengers and Baggage1. In respect <strong>of</strong> carriage <strong>of</strong> passengers, anindividual or collective document <strong>of</strong> carriageshall be delivered containing:(a) an indication <strong>of</strong> the places <strong>of</strong> departureand destination;(b) if the places <strong>of</strong> departure and destinationare within the territory <strong>of</strong> a single StateParty, one or more agreed stoppingplaces being within the territory <strong>of</strong>another State, an indication <strong>of</strong> at leastone such stopping place.2. Any other means which preserves theinformation indicated in paragraph 1 may besubstituted for the delivery <strong>of</strong> the documentreferred to in that paragraph. If any such othermeans is used, the carrier shall <strong>of</strong>fer to deliverto the passenger a written statement <strong>of</strong> theinformation so preserved.3. The carrier shall deliver to the passengera baggage identification tag for each piece <strong>of</strong>checked baggage.4. The passenger shall be given writtennotice to the effect that where this Conventionis applicable it governs and may limit theliability <strong>of</strong> carriers in respect <strong>of</strong> death or injuryand for destruction or loss <strong>of</strong>, or damage to,baggage, and for delay.5. Non-compliance with the provisions orthe foregoing paragraphs shall not affect theexistence or the validity <strong>of</strong> the contract <strong>of</strong>carriage, which shall, nonetheless, be subjectto the rules <strong>of</strong> this Convention including thoserelating to limitation <strong>of</strong> liability.Article 4Cargo1. In respect <strong>of</strong> the carriage <strong>of</strong> cargo, anair waybill shall be delivered.2. Any other means which preserves arecord <strong>of</strong> the carriage to be performed may besubstituted for the delivery <strong>of</strong> an air waybill. Ifsuch other means are used, the carrier shall, ifso requested by the consignor, deliver to theconsignor a cargo receipt permittingidentification <strong>of</strong> the consignment and accessto the Information contained, in the recordpreserved by such other means.Article 5Contents <strong>of</strong> Air Waybill or Cargo ReceiptThe air waybill or the cargo receipt shallinclude:(a) an indication <strong>of</strong> the places <strong>of</strong> departureand destination;(b) if the places <strong>of</strong> departure and destinationare within the territory <strong>of</strong> a single State Party,one or more agreed stopping places being withinthe territory <strong>of</strong> another State, an indication <strong>of</strong>at least one such stopping place; and(c) an indication <strong>of</strong> the weight <strong>of</strong> theconsignment.
Article 6Document Relating to the Nature <strong>of</strong> the CargoThe consignor may be required, if necessary,to meet the formalities <strong>of</strong> customs, police andsimilar public authorities to deliver a documentindicating the nature <strong>of</strong> the cargo. Thisprovision creates for the carrier no duty,obligation or liability resulting therefrom.Article 7Description <strong>of</strong> Air Way Bill1. The air way bill shall be made out by theconsignor in three original parts.2. The first part shall be marked “for thecarrier”; it shall be signed by the consignor.The second part shall be marked “For theconsignee”; it shall be signed by the consignorand by the carrier. The third part shall besigned by the carrier who shall hand it to theconsignor after the cargo has been accepted.3. The signature <strong>of</strong> the carrier and that <strong>of</strong>the consignor may be printed or stamped.4. If, at the request <strong>of</strong> the consignor, thecarrier makes out the air waybill, the carriershall be deemed, subject to pro<strong>of</strong> to the contrary,to have done so on behalf <strong>of</strong> the consignor.Article 8Documentation for Multiple PackagesWhen there is more than one package:(a) the carrier <strong>of</strong> cargo has the right torequire the consignor to make out separate airwaybills;(b) the consignor has the right to requirethe carrier to deliver separate cargo receiptswhen the other means referred to in paragraph2 <strong>of</strong> Article 4 are used.Article 9Non-compliance with Documentary RequirementsNon-compliance with the provisions <strong>of</strong>Articles 4 to 8 shall not affect the existence orthe validity <strong>of</strong> the contract <strong>of</strong> carriage, whichshall, nonetheless, be subject to the rules <strong>of</strong>this Convention including those relating tolimitation <strong>of</strong> liability.169THE MONTREAL CONVENTION, 1999Article 10Responsibility for Particulars <strong>of</strong> Documentation1. The consignor is responsible for thecorrectness <strong>of</strong> the particulars and statementsrelating to the cargo inserted by it or on itsbehalf in the air waybill or furnished by it or onits behalf to the carrier for insertion in thecargo receipt or for insertion in the recordpreserved by the other means referred to inparagraph 2 <strong>of</strong> Article 4. The foregoing shallalso apply where the person acting on behalf <strong>of</strong>the consignor is also the agent <strong>of</strong> the carrier.2. The consignor shall indemnify the carrieragainst all damage suffered by it, or by any otherperson to whom the carrier is liable, by reason <strong>of</strong>the irregularity, incorrectness or incompleteness<strong>of</strong> the particulars and statements furnished bythe consignor or on its behalf.3. Subject to the provisions <strong>of</strong> paragraphsI and 2 <strong>of</strong> this Article, the carrier shall indemnifythe consignor against all damage suffered byit, or by any other person to whom the consignoris liable, by reason <strong>of</strong> the irregularity,incorrectness or incompleteness <strong>of</strong> theparticulars and statements inserted by thecarrier or on its behalf in the cargo receipt or inthe record preserved by the other means referredto in paragraph 2 <strong>of</strong> Article 4.Article 11Evidentiary Value <strong>of</strong> DocumentationCHAP. XXI1. The air waybill or the cargo receipt isprima facie evidence <strong>of</strong> the conclusion <strong>of</strong> thecontract, <strong>of</strong> the acceptance <strong>of</strong> the cargo and <strong>of</strong>the conditions <strong>of</strong> carriage mentioned therein.2. Any statements in the air waybill or thecargo receipt relating to the weight, dimensionsand packing <strong>of</strong> the cargo, as well as thoserelating to the number <strong>of</strong> packages, are primafacie evidence <strong>of</strong> the facts stated; those relatingto the quantity, volume and condition <strong>of</strong> thecargo do not constitute evidence against thecarrier except so far as they both have been,and are stated in the air waybill or the cargoreceipt to have been, checked by it in thepresence <strong>of</strong> the consignor, or relate to theapparent condition <strong>of</strong> the cargo.
Article 12Right <strong>of</strong> Disposition <strong>of</strong> Cargo1. Subject to its liability to carry out all itsobligations under the contract <strong>of</strong> carriage, theconsignor has the right to dispose <strong>of</strong> the cargoby withdrawing it at the airport <strong>of</strong> departure ordestination, or by stopping it in the course <strong>of</strong>the journey on any landing, or by calling for itto be delivered at the place <strong>of</strong> destination or inthe course <strong>of</strong> the journey to a person other thanthe consignee originally designated, or byrequiring it to be returned to the airport <strong>of</strong>departure. The consignor must not exercisethis right <strong>of</strong> disposition in such a way as toprejudice the carrier or other consignors andmust reimburse any expenses occasioned bythe exercise <strong>of</strong> this right.2. If it is impossible to carry out theinstructions <strong>of</strong> the consignor, the carrier mustso inform the consignor forthwith.3. If the carrier carries out the instructions<strong>of</strong> the consignor for the disposition <strong>of</strong> thecargo without requiring the production <strong>of</strong> thepart <strong>of</strong> the air waybill or the cargo receiptdelivered to the latter, the carrier will be liable,without prejudice to its right <strong>of</strong> recovery fromthe consignor, for any damage which may becaused thereby to any person who is lawfullyin possession <strong>of</strong> that part <strong>of</strong> the air waybill orthe cargo receipt.4. The right conferred on the consignorceases at the moment when that <strong>of</strong> the consigneebegins in accordance with Article 13.Nevertheless, if the consignee declines to acceptthe cargo, or cannot be communicated with,the consignor resumes its right <strong>of</strong> disposition.Article 13Delivery <strong>of</strong> the Cargo1. Except when the consignor hasexercised its right under Article 12, theconsignee is entitled, on arrival <strong>of</strong> the cargo atthe place <strong>of</strong> destination, to require the carrierto deliver the cargo to it, on payment <strong>of</strong> thecharges due and on complying with theconditions <strong>of</strong> carriage.170CHAP. XXI THE MONTREAL CONVENTION, 19992. Unless it is otherwise agreed, it is theduty <strong>of</strong> the carrier to give notice to the consigneeas soon as the cargo arrives.3. lf the carrier admits the loss <strong>of</strong> the cargo,or if the cargo has not arrived at the expiration<strong>of</strong> seven days after the date on which it oughtto have arrived, the consignee is entitled toenforce against the carrier the rights whichflow from the contract <strong>of</strong> carriage.Article 14Enforcement <strong>of</strong> the Rights <strong>of</strong> Consignor andConsigneeThe consignor and the consignee canrespectively enforce all the rights given tothem by Articles 12 and 13, each in its ownname, whether it is acting in its own interest orin the interest <strong>of</strong> another, provided that it carriesout the obligations imposed by the contract <strong>of</strong>carriage.Article 15Relations <strong>of</strong> Consignor and Consignee orMutual Relations <strong>of</strong> Third Parties1. Articles 12, 13 and 14 do not affect eitherthe relations <strong>of</strong> the consignor and the consigneewith each other or the mutual relations <strong>of</strong> thirdparties whose rights are derived either from theconsignor or from the consignee.2. The provisions <strong>of</strong> Articles 12, 13 and14 can only be varied by express provision inthe air waybill or the cargo receipt.Article 16Formalities <strong>of</strong> Customs, Police or Other PublicAuthorities1. The consignor must furnish suchinformation and such documents as arenecessary to meet the formalities <strong>of</strong> customs,police and any other public authorities beforethe cargo can be delivered to the consignee.The consignor is liable to the carrier for anydamage occasioned by the absence,insufficiency or irregularity <strong>of</strong> any suchinformation or documents, unless the damageis due to the fault <strong>of</strong> the carrier, its servants oragents.
171THE MONTREAL CONVENTION, 1999CHAP. XXI2. The carrier is under no obligation toenquire into the correctness or sufficiency <strong>of</strong>such information or documents.CHAPTER IIILIABILITY OF THE CARRIERAND EXTENT OF COMPENSATIONFOR DAMAGEArticle 17Death and Injury <strong>of</strong> Passengers – Damage toBaggage1. The carrier is liable for damage sustainedin case <strong>of</strong> death or bodily injury <strong>of</strong> a passengerupon condition only that the accident whichcaused the death or injury look place on boardthe aircraft or in the course <strong>of</strong> any <strong>of</strong> theoperations <strong>of</strong> embarking or disembarking.2. The carrier is liable for damage sustainedin case <strong>of</strong> destruction or loss <strong>of</strong>, or <strong>of</strong> damageto, checked baggage upon condition only thatthe event which caused the destruction, loss ordamage look place on board the aircraft orduring any period within which the checkedbaggage was in the charge <strong>of</strong> the carrier.However, the carrier is not liable if and to theextent that the damage resulted from theinherent defect, quality or vice <strong>of</strong> the baggage.In the case <strong>of</strong> unchecked baggage, includingpersonal items, the carrier is liable if the damageresulted from its fault or that <strong>of</strong> its servants oragents.3. If the carrier admits the loss <strong>of</strong> thechecked baggage. or if the checked baggagehas not arrived at the expiration <strong>of</strong> twenty-onedays after the date on which it ought to havearrived, the passenger is entitled to enforceagainst the carrier the rights which flow fromthe contract <strong>of</strong> carriage.4. Unless otherwise specified, in thisConvention the term “baggage” means bothchecked baggage and unchecked baggage.Article 18Damage to Cargo1. The carrier is liable for damage sustainedin the event <strong>of</strong> the destruction or loss <strong>of</strong>, ordamage to, cargo upon condition only that theevent which caused the damage so sustainedtook place during the carriage by air.2. However, the carrier is not liable if andto the extent it proves that the destruction, orloss <strong>of</strong>, or damage to, the cargo resulted fromone or more <strong>of</strong> the following:(a) inherent defect, quality or vice <strong>of</strong> thatcargo:(b) defective packing <strong>of</strong> that cargoperformed by a person other than thecarrier or its servants or agents;(c) an act <strong>of</strong> war or an armed conflict;(d) an act <strong>of</strong> public, authority carried out inconnection with the entry, exit or transit<strong>of</strong> the cargo.3. The carriage by air within the meaning<strong>of</strong> paragraph 1 <strong>of</strong> this Article comprises theperiod during which the cargo is in the charge<strong>of</strong> the carrier.4. The period <strong>of</strong> the carriage by air does notextend to any carriage by land, by sea or by inlandwaterway performed outside an airport. If,however, such carriage takes place in theperformance <strong>of</strong> a contract for carriage by air, forthe purpose <strong>of</strong> loading, delivery or transhipment,any damage is presumed, subject to pro<strong>of</strong> to thecontrary, to have been the result <strong>of</strong> an eventwhich took place during the carriage by air. If acarrier, without the consent <strong>of</strong> the consignor,substitutes carriage by another mode <strong>of</strong> transportfor the whole or part <strong>of</strong> a carriage intended by theagreement between the parties to be carriage byair, such carriage by another mode <strong>of</strong> transport isdeemed to be within the period <strong>of</strong> carriage by air.Article 19DelayThe carrier is liable for damage occasionedby delay in the carriage by air <strong>of</strong> passengers,baggage or cargo. Nevertheless, the carriershall not be liable for damage occasioned bydelay if it proves that it and its servants andagents took all measures that could reasonablybe required to avoid the damage or that it wasimpossible for it or them to take such measures.
ExonerationArticle 20If the carrier proves that the damage wascaused or contributed to by the negligence orother wrongful act or omission <strong>of</strong> the personclaiming compensation, or the person fromwhom he or she derives his or her rights, thecarrier shall be wholly or partly exoneratedfrom its liability to the claimant to the extentthat such negligence or wrongful act or omissioncaused or contributed to the damage. When byreason <strong>of</strong> death or injury <strong>of</strong> a passengercompensation is claimed by a person otherthan the passenger, the carrier shall likewisebe wholly or partly exonerated from its liabilityto the extent that it proves that the damage wascaused or contributed to by the negligence orother wrongful act or omission <strong>of</strong> thatpassenger. This Article applies to all the liabilityprovisions in this Convention, includingparagraph 1 <strong>of</strong> Article 21.Article 21Compemsation in Case <strong>of</strong> Death or Injury <strong>of</strong>Passengers1. For damages arising under paragraph 1<strong>of</strong> Article 17 not exceeding 100000 SpecialDrawing Rights for eash passenger, the carriershall not be able to exclude or limit its liabilily.2. The carrier shall not be liable fordamages arising under paragraph 1 <strong>of</strong> Article17 to the extent that they exceed for eachpassenger 100000 Special Drawing Rights ifthe carrier proves that:(a) such damage was not due to thenegligence or other wrongful act oromission <strong>of</strong> the carrier or its servants oragents; or(b) such damage was solely due to thenegligence or other wrongful act oromission <strong>of</strong> a third party.Article 22Limits <strong>of</strong> Liability in Relation to Delay,Baggage and Cargo1. In the case <strong>of</strong> damage caused by delayas specified in Article 19 in the carriage <strong>of</strong>172CHAP. XXI MONTREAL CONVENTION, 1999persons, the liability <strong>of</strong> the carrier for eachpassenger is limited to 4,150 Special DrawingRights.2. In the carriage <strong>of</strong> baggage, the liability<strong>of</strong> the carrier in the case <strong>of</strong> destruction, loss.damage or delay is limited to 1,000 SpecialDrawing Rights for each passenger unless thepassenger has made, at the time when thechecked baggage was handed over to the carrier,a special declaration <strong>of</strong> interest in delivery atdestination and has paid a supplementary sumif the case so requires. In that case the carrierwill be liable to pay a sum not exceeding thedeclared sum, unless it proves that the sum isgreater than the passenger’s actual interest indelivery at destination.3. In the carriage <strong>of</strong> cargo, the liability <strong>of</strong>the carrier in the case <strong>of</strong> destruction, loss,damage or delay is limited to a sum <strong>of</strong> 17Special Drawing Rights per kilogramme, unlessthe consignor has made, at the time when thepackage was handed over to the carrier, aspecial declaration <strong>of</strong> interest in delivery atdestination and has paid a supplementary sumif the case so requires. In that case the carrierwill be liable to pay a sum not exceeding thedeclared sum, unless it proves that the sum isgreater than the consignor’s actual interest indelivery at destination.4. In the case <strong>of</strong> destruction, loss, damageor delay <strong>of</strong> part <strong>of</strong> the cargo, or <strong>of</strong> any objectcontained therein, the weight to be taken intoconsideration in determining the amount towhich the carrier’s liability is limited shall beonly the total weight <strong>of</strong> the package or packagesconcerned. Nevertheless, when the destruction,loss, damage or delay <strong>of</strong> a part <strong>of</strong> the cargo, or<strong>of</strong> an object contained therein, affects the value<strong>of</strong> other packages covered by the same airwaybill, or the same receipt or, if they were notissued, by the same record preserved by theother means referred to in paragraph 2 <strong>of</strong> Article4, the total weight <strong>of</strong> such package or packagesshall also be taken into consideration indetermining the limit <strong>of</strong> liability.5. The foregoing provisions <strong>of</strong> paragraphs1 and 2 <strong>of</strong> this Article shall not apply if it isproved that the damage resulted from an act or
173THE MONTREAL CONVENTION, 1999CHAP. XXIomission <strong>of</strong> the carrier, its servants or agents,done with intent to cause damage or recklesslyand with knowledge that damage wouldprobably result; provided that, in the case <strong>of</strong>such act or omission <strong>of</strong> a servant or agent, it isalso proved that such servant or agent wasacting within the scope <strong>of</strong> its employment.6. The limits prescribed in Article 21 andin this Article shall not prevent the court fromawarding, in accordance with its own law, inaddition, the whole or part <strong>of</strong> the court costsand <strong>of</strong> the other expenses <strong>of</strong> the litigationincurred by the plaintiff, including interest.The foregoing provision shall not apply if theamount <strong>of</strong> the damages awarded, excludingcourt costs and other expenses <strong>of</strong> the litigation,does not exceed the sum which the carrier has<strong>of</strong>fered in writing to the plaintiff within a period<strong>of</strong> six months from the date <strong>of</strong> the occurrencecausing the damage, or before thecommencement <strong>of</strong> the action, if that is later.Article 23Conversion <strong>of</strong> Monetary Units1. The sums mentioned in terms <strong>of</strong> SpecialDrawing Right in this Convention shall bedeemed to refer to the Special Drawing Rightas defined by the International Monetary Fund.Conversion <strong>of</strong> the sums into national currenciesshall, in case <strong>of</strong> judicial proceedings, be madeaccording to the value <strong>of</strong> such currencies interms <strong>of</strong> the Special Drawing Right at the date<strong>of</strong> the judgement. The value <strong>of</strong> a nationalcurrency, in terms <strong>of</strong> the Special Drawing Right,<strong>of</strong> a State Party which is a Member <strong>of</strong> theInternational Monetary Fund, shall becalculated in accordance with the method <strong>of</strong>valuation applied by the International MonetaryFund, in effect at the date <strong>of</strong> the judgement, forits operations and transactions. The value <strong>of</strong> anational currency, in terms <strong>of</strong> the SpecialDrawing Right, <strong>of</strong> a State Party which is not aMember <strong>of</strong> the International Monetary Fund,shall be calculated in a manner determined bythat State.2. Nevertheless, those States which arenot Members <strong>of</strong> the International MonetaryFund and whose law does not permit theapplication <strong>of</strong> the provisions <strong>of</strong> paragraph 1 <strong>of</strong>this Article may, at International time <strong>of</strong>ratification or accession or at any timethereafter, decline that the limit <strong>of</strong> liability <strong>of</strong>the carrier prescribed in Article 21 is fixed at asum <strong>of</strong> 1,500,000 monetary units per passengerin judicial proceedings in their territories;62,500 monetary units per passenger withrespect to paragraph 1 <strong>of</strong> Article 22; 15,000monetary units per passenger with respect toparagraph 2 <strong>of</strong> Article 22; and 250 monetaryunits per kilogramme with respect paragraph 3<strong>of</strong> Article 22. This monetary unit correspondsto sixty-five and a half milligrammes <strong>of</strong> gold <strong>of</strong>millesimal fineness nine hundred. These sumsmay be converted into the national currencyconcerned in round figures. The conversion <strong>of</strong>these sums into national currency shall be madeaccording to the law <strong>of</strong> the State concerned.3. The calculation mentioned in the lastsentence <strong>of</strong> paragraph 1 <strong>of</strong> this Article and theconversion method mentioned in paragraph 2<strong>of</strong> this Article shall be made in such manner asto express in the national currency <strong>of</strong> the StateParty as far as possible the same real value forthe amounts in Articles 21 and 22 as wouldresult from the application <strong>of</strong> the first threesentences <strong>of</strong> paragraph 1 <strong>of</strong> this Article. StateParties shall communicate to the depositarythe manner <strong>of</strong> calculation pursuant to paragraph1 <strong>of</strong> this Article, or the result <strong>of</strong> the conversionin paragraph 2 <strong>of</strong> this Article as the case maybe, when depositing an instrument <strong>of</strong>ratification, acceptance, approval <strong>of</strong> oraccession to this Convention and wheneverthere is a change in either.Article 24Review <strong>of</strong> Limits1. Without prejudice to the provisions <strong>of</strong>Article 25 <strong>of</strong> this Convention subject toparagraph 2 below, the limits <strong>of</strong> liabilityprescribed in Articles 21, 22 and 23 shall bereviewed by the Depositary at five-yearintervals, the first such review to take place atthe end <strong>of</strong> the fifth year following the date <strong>of</strong>entry into force <strong>of</strong> this convention, or if theConvention does not enter into force withinfive years <strong>of</strong> date it is first open for signature,
174CHAP. XXI THE MONTREAL CONVENTION, 1999within the first year <strong>of</strong> its entry into force, byreference to an inflation factor whichcorresponds to the accumulated rate <strong>of</strong> inflationsince the previous revision or in the firstinstance since the date <strong>of</strong> entry into force <strong>of</strong>the Convention. The measure <strong>of</strong> the rate <strong>of</strong>inflation to be used in determining the inflationfactor shall be the weighted average <strong>of</strong> theannual rates <strong>of</strong> increase or decrease in theConsumer Price Indices <strong>of</strong> the States whosecurrencies comprise the Special Drawing Rightmentioned in paragraph 1 <strong>of</strong> Article 23.2. If the review referred to in the precedingpragraph concludes that the inflation factorhas exceeded 10 percent, the Depositary shallnotify States Parties <strong>of</strong> a revision <strong>of</strong> the limits<strong>of</strong> liability. Any such revision shall becomeeffective six months after its notification to theStates Parties. If within three months after itsnotification to the States Parties a majority <strong>of</strong>the States Parties register their disapproval,the revision shall not become effective and theDepository shall refer the matter to a meeting<strong>of</strong> the States Parties. The Depositary shallimmediately notify all States Parties or thecoming into force <strong>of</strong> any revision.3. Notwithstanding paragraph 1 <strong>of</strong> thisArticle, the procedure referred to in paragraph2 <strong>of</strong> this Article shall be applied at any timeprovided that one-third <strong>of</strong> the States Partiesexpress a desire to that effect and uponcondition that the inflation factor referred to inparagraph 1 has exceeded 30 per cent since theprevious revision or since the date <strong>of</strong> entryinto force <strong>of</strong> this Convention there has been noprevious revision. Subsequent reviews usingthe procedure described in paragraph 1 <strong>of</strong> thisArticle will take place at five-year intervalsstarting at the end <strong>of</strong> the Fifth year followingthe dale <strong>of</strong> the reviews under the presentparagraph.Article 25Stipulation on LimitsA carrier may stipulate that the contract <strong>of</strong>carriage shall be subject to higher limits <strong>of</strong>liability than those provided for in thisConvention or to no limits <strong>of</strong> liabilitywhatsoever.Article 26Invalidity <strong>of</strong> Contractual ProvisionsAny provision tending to relieve the carrier<strong>of</strong> liability or to fix a lower limit than thatwhich is laid down in this Convention shall benull and void, but the nullity <strong>of</strong> any suchprovision does not involve the nullity <strong>of</strong> thewhole contract, which shall remain subject tothe provisions <strong>of</strong> this Convention.Article 27Freedom to ContractNothing contained in this Convention shallprevent the carrier from refusing to enter intoany contract <strong>of</strong> carriage, from waiving anydefences available under the Convention, orfrom laying down conditions which do notconflict with the provisions <strong>of</strong> this Convention.Article 28Advance PaymentsIn the case <strong>of</strong> aircraft accidents resulting indeath or injury <strong>of</strong> passengers, the carrier shall,if required by its national law, make advancepayments without delay to a natural person orpersons who are entitled to claim compensationin order to meet the immediate economic needs<strong>of</strong> such persons. Such advance payments shallnot constitute a recognition <strong>of</strong> liability andmay be <strong>of</strong>fset against any amounts subsequentlypaid as damages by the carrier.Article 29Basis <strong>of</strong> ClaimsIn the carriage <strong>of</strong> passengers, baggage andcargo, any action for damages, howeverfounded, whether under this Convention or incontract or in tort or otherwise, can only bebrought subject to the conditions and suchlimits <strong>of</strong> liability as are set out in thisConvention without prejudice to the questionas to who are the persons who have the right tobring suit and what are their respective rights.In any such action, punitive, exemplary or anyother non-compensatory damages shall not berecoverable.
175THE MONTREAL CONVENTION, 1999CHAP. XXIArticle 30Servants, Agents – Aggregation <strong>of</strong> Claims1. If an action is brought against a servantor agent <strong>of</strong> the carrier arising out <strong>of</strong> damage towhich the Convention relates, such servant oragent, if they prove that they acted within thescope <strong>of</strong> their employment, shall be entitled toavail themselves <strong>of</strong> the conditions and limits<strong>of</strong> liability which the carrier itself is entitled toinvoke under this Convention.2. The aggregate <strong>of</strong> the amount recoverablefrom the carrier, its servants and agents, in thatcase shall not exceed the said limits.3. Save in respect <strong>of</strong> the carriage <strong>of</strong> cargo,the provisions <strong>of</strong> paragraphs 1 and 2 <strong>of</strong> thisArticle shall not apply if it is proved that thedamage resulted from an act or omission <strong>of</strong> theservant or agent done with intent to causedamage or recklessly and with knowledge thatdamage would probably result.Article 31Timely Notice <strong>of</strong> Complaints1. Receipt by the person entitled to delivery<strong>of</strong> checked baggage or cargo without complaintis prima facie evidence that the same has beendelivered in good condition and in accordancewith the document <strong>of</strong> carriage or with therecord preserved by the other means referredto in paragraph 2 <strong>of</strong> Article 3 and paragraph 2<strong>of</strong> Article 4.2. In the case <strong>of</strong> damage, the person entitledto delivery must complain to the carrier forthwithafter the discovery <strong>of</strong> the damage, and, at thelatest, within seven days from the date <strong>of</strong> receiptin the case <strong>of</strong> checked baggage and fourteendays from the date <strong>of</strong> receipt in the case <strong>of</strong> cargo.In the case <strong>of</strong> delay, the complaint must be madeat the latest within twenty-one days from thedate on which the baggage or cargo have beenplaced at his or her disposal.3. Every complaint must be made in writingand given or dispatched within the timesaforesaid.4. If no complaint is made within the timesaforesaid, no action shall lie against the carrier,save in the case <strong>of</strong> fraud on its part.Article 32Death <strong>of</strong> Person LiableIn the case <strong>of</strong> the death <strong>of</strong> the person liable,an action for damages lies in accordance withthe terms <strong>of</strong> this Convention against thoselegally representing his or her estate.Article 33Jurisdiction1. An action for damages must be brought,at the option <strong>of</strong> the plaintiff, in the territory <strong>of</strong>one <strong>of</strong> the States Parties, either before thecourt <strong>of</strong> the domicile <strong>of</strong> the carrier or <strong>of</strong> itsprincipal place <strong>of</strong> business, or where it has aplace <strong>of</strong> business through which the conducthas been made or before the court at the place<strong>of</strong> destination.2. In respect <strong>of</strong> damage resulting from thedeath or injury <strong>of</strong> a passenger, an action maybe brought before one <strong>of</strong> the courts mentionedin paragraph 1 <strong>of</strong> this Article, or in the territory<strong>of</strong> a State Party in which at the time <strong>of</strong> theaccident the passenger has his or her principaland permanent residence and to or from whichthe carrier operates services for the carriage <strong>of</strong>passengers by air, either on its own aircraft, oron another carrier’s aircraft pursuant to acommercial agreement, and in which that carrierconducts its business <strong>of</strong> carriage <strong>of</strong> passengersby air from premises leased or owned by thecarrier itself or by another carrier with which ithas a commercial agreement.3. For the purposes <strong>of</strong> paragraph 2,(a) “commercial agreement” means anagreement, other than an agencyagreement, made between carriers andrelating to the provision <strong>of</strong> their jointservices for carriage <strong>of</strong> passengers by air;(b) “principal and permanent residence”means the one fixed and permanent abode<strong>of</strong> the passenger at the time <strong>of</strong> the accident.The nationality <strong>of</strong> the passenger shall notbe the determining factor in this regard.4. Questions <strong>of</strong> procedure shall begoverned by the law <strong>of</strong> the court seised <strong>of</strong> thecase.
176CHAP. XXI THE MONTREAL CONVENTION, 1999ArbitrationArticle 341. Subject to the provisions <strong>of</strong> this Article,the parties to the contract <strong>of</strong> carriage for cargomay stipulate that any dispute relating to theliability <strong>of</strong> the carrier under this Conventionshall be settled by arbitration. Such agreementshall be in writing.2. The arbitration proceedings shall, at theoption <strong>of</strong> the claimant, take place within one <strong>of</strong>the jurisdictions referred to in Article 33.3. The arbitrator or arbitration tribunalshall apply the provisions <strong>of</strong> this Convention.4. The provisions <strong>of</strong> paragraphs 2 and 3 <strong>of</strong>this Article shall be deemed to be part <strong>of</strong> everyarbitration clause or agreement, and any term<strong>of</strong> such clause or agreement which isinconsistent therewith shall be null and void.Article 35Limitation <strong>of</strong> Actions1. The right to damages shall beextinguished if an action is not brought withina period <strong>of</strong> two years, reckoned from the date<strong>of</strong> arrival at the destination, or from the date onwhich the aircraft ought to have arrived, orfrom the date on which the carriage stopped.2. The method <strong>of</strong> calculating that periodshall be determined by the law <strong>of</strong> the courtseised <strong>of</strong> the case.Article 36Successive Carriage1. In the case <strong>of</strong> carriage to be performed byvarious successive carriers and falling withinthe definition set out in paragraph 3 <strong>of</strong> Article 1,each carrier which accepts passengers, baggageor cargo is subject to the rules set out in thisConvention and is deemed to be one <strong>of</strong> theparties to the contract <strong>of</strong> carriage in so far as thecontract deals with that part <strong>of</strong> the carriage whichis performed under its supervision.2. In the case <strong>of</strong> carriage <strong>of</strong> this nature, thepassenger or any person entitled tocompensation in respect <strong>of</strong> him or her can takeaction only against the carrier which performedthe carriage during which the accident or thedelay occurred, save in the case where, byexpress agreement, the first carrier has assumedliabilily for the whole journey.3. As regards baggage or cargo, thepassenger or consignor will have the right <strong>of</strong>action against the first carrier, and the passengeror consignee who is entitled to delivery willhave a right <strong>of</strong> action against the last carrier, andfurther, each may take action against the carrierwhich performed the carriage during which thedestruction, loss, damage or delay took place.These carriers will be jointly and severally liableto the passenger or to the consignor or consignee.Article 37Right or Recourse against Third PartiesNothing in this Convention shall prejudicethe question whether a person liable for damagein accordance with its provisions has a right <strong>of</strong>recourse against any other person.CHAPTER IVCOMBINED CARRIAGEArticle 38Combined Carriage1. In the case <strong>of</strong> combined carriageperformed partly by air and partly by any othermode <strong>of</strong> Carriage, the provisions <strong>of</strong> thisConvention shall, subject to paragraph 4 <strong>of</strong>Article 18, apply only to the carriage by air,provided that the carriage by air falls withinthe terms <strong>of</strong> Article 1.2. Nothing in this Convention shall preventthe parties in the case <strong>of</strong> combined carriagefrom inserting in the document <strong>of</strong> air carriageconditions relating to other modes <strong>of</strong> carriage,provided that the provisions <strong>of</strong> this Conventionare observed as regards the carriage by air.CHAPTER VCARRIAGE BY AIR PERFORMEDBY A PERSON OTHER THAN THECONTRACTING CARRIERArticle 39Contracting Carrier – Actual CarrierThe Provision <strong>of</strong> this chapter apply when aperson (hereinafter referred to as “the
177THE MONTREAL CONVENTION, 1999CHAP. XXIcontracting carrier”) as a principal makes acontract <strong>of</strong> carriage governed by this conventionwith a passenger or consignor or with a personacting on behalf <strong>of</strong> the passenger or consignor,and another person (hereinafter referred to as“the actual carrier”) performs, by virtue <strong>of</strong>authority from the contracting carrier, the wholeor part <strong>of</strong> the carriage, but is not with respect tosuch part a successive carrier within themeaning <strong>of</strong> this Convention. Such authorityshall be presumed in the absence <strong>of</strong> pro<strong>of</strong> tothe contrary.Article 40Respective Liability <strong>of</strong> Contracting and ActualCarriersIf an actual carrier performs the whole orpart <strong>of</strong> carriage which, according to the contractreferred to in Arlicic 39, is governed by thisConvention, both the contracting carrier andthe actual carrier shall, except as otherwiseprovided in this Chapter, be subject to therules <strong>of</strong> this Convention, the former for thewhole <strong>of</strong> the carriage contemplated in thecontract, the latter solely for the carriage whichit performs.Article 41Mutual Liability1. The acts and omissions <strong>of</strong> the actualcarrier and <strong>of</strong> its servants and agents actingwithin the scope <strong>of</strong> their employment shall, inrelation to the carriage performed by the actualcarrier, be deemed to be also those <strong>of</strong> thecontracting carrier.2. The acts and omissions <strong>of</strong> thecontracting carrier and <strong>of</strong> its servants and agentsacting within the scope <strong>of</strong> their employmentshall, in relation to the carriage performed bythe actual carrier, be deemed to be also those<strong>of</strong> the actual carrier. Nevertheless, no such actor omission shall subject the actual carrier toliability exceeding the amounts referred to inArticles 21, 22, 23 and 24. Any specialagreement under which the contracting carrierassumes obligations not imposed by thisConvention or any waiver <strong>of</strong> rights or defencesconferred by this Convention or any specialdeclaration <strong>of</strong> interest in delivery at destinationcontemplated in Article 22 shall not affect theactual carrier unless agreed to by it.Article 42Addressee <strong>of</strong> Complaints and InstructionsAny complaint to be made or instruction tobe given under this Convention to the carriershall have the same effect whether addressedto the contracting carrier or to the actual carrier.Nevertheless, instructions referred to in Article12 shall only be effective if addressed to thecontracting carrier.Article 43Servants and AgentsIn relation to the carriage performed by theactual carrier, any servant or agent <strong>of</strong> thatcarrier or <strong>of</strong> the contracting carrier shall, ifthey prove that they acted within the scope <strong>of</strong>their employment, be entitled to availthemselves <strong>of</strong> the conditions and limits <strong>of</strong>liability which are applicable under thisConvention to the carrier whose servant oragent they are, unless it is proved that theyacted in a manner that prevents the limits <strong>of</strong>liability from being invoked in accordance withthis Convention.Article 44Aggregation <strong>of</strong> DamagesIn relation to the carriage performed by theactual carrier, the aggregate <strong>of</strong> the amountsrecoverable from that carrier and the contractingcarrier, and from their servants and agentsacting within the scope <strong>of</strong> their employment,shall not exceed the highest amount whichcould be awarded against either the contractingcarrier or the actual carrier under thisConvention, but none <strong>of</strong> the persons mentionedshall be liable for a sum in excess <strong>of</strong> the limitapplicable to that person.Article 45Addressee <strong>of</strong> ClaimsIn relation to the carriage performed by theactual carrier, an action for damages may bebrought, at the option <strong>of</strong> the plaintiff, against
178CHAP. XXI THE MONTREAL CONVENTION, 1999that carrier or the contracting carrier, or againstboth together or separately.If the action is brought against only one <strong>of</strong>those carriers shall have the right to require theother carrier to be joined in the proceedings,the procedure and effects being governed bythe law <strong>of</strong> the court seised <strong>of</strong> the case.Article 46Additional JurisdictionAny action for damages contemplated inArticle 45 must be brought, at the option <strong>of</strong> theplaintiff, in the territory <strong>of</strong> one <strong>of</strong> the StatesParties, either before a court in which an actionmay be brought against the contracting carrier,as provided in Article 33, or before the courthaving jurisdiction at the place where the actualcarrier has its domicile or its principal place <strong>of</strong>business.Article 47Invalidity <strong>of</strong> Contractual ProvisionsAny contractual provision tending to relievethe contracting carrier or the actual carrier <strong>of</strong>liability under this Chapter or to fix a lowerlimit than that which is applicable according tothis Chapter shall be null and void, but thenullity <strong>of</strong> any such provision does not involvethe nullity <strong>of</strong> the whole contract, which shallremain subject to the provisions <strong>of</strong> this Chapter.Article 48Mutual Relations <strong>of</strong> Contracting and ActualCarriersExcept as provided in Article 45, nothingin this Chapter shall affect the rights andobligations <strong>of</strong> the carriers between themselves,including any right <strong>of</strong> recourse orindemnification.CHAPTER VIOTHER PROVISIONSArticle 49Mandatory ApplicationAny clause contained in the contract <strong>of</strong>carriage and all special agreements enteredinto before the damage occurred by which theparties purport to infringe the rules laid downby this Convention, whether by deciding thelaw to be applied, or by altering the rules as tojurisdiction, shall be null and void.Article 50InsuranceStates Parties shall require their carriers tomaintain adequate insurance covering theirliability under this Convention. A carrier maybe required by the State Party into which itoperates to furnish evidence that it maintainsadequate insurance covering its liability underthis Convention.Article 51Carriage Performed in ExtraordinaryCircumstancesThe provision <strong>of</strong> Articles 3 to 5, 7 and 8relating to the documentation <strong>of</strong> carriage shallnot apply in the case <strong>of</strong> carriage performed inextraordinary circumstances outside the normalscope <strong>of</strong> a carrier’s business.Article 52Definition <strong>of</strong> DaysThe expression “days” when used in thisConvention means calendar days, not workingdays.CHAPTER VIIFINAL CLAUSESArticle 53Signature, Ratification and Entry into Force1. This Convention shall be open forsignature in Montreal on 28 May 1999 by Statesparticipating in the International Conference onAir Law held at Montreal from 10 to 28 May1999. After 28 May 1999, the Convention shallbe open to all States for signature at theHeadquarters <strong>of</strong> the International <strong>Civil</strong> <strong>Aviation</strong>Organization in Montreal until it enters into forcein accordance with paragraph 6 <strong>of</strong> this Article.2. This Convention shall similarly be openfor signature by Regional Economic Integration
179THE MONTREAL CONVENTION, 1999CHAP. XXIOrganisations. For the purpose <strong>of</strong> thisConvention, a “Regional Economic IntegrationOrganisation” means any organisation whichis constituted by sovereign States <strong>of</strong> a givenregion which has competence in respect <strong>of</strong>certain matters governed by this Conventionand has been duly authorized to sign and toratify, accept, approve or accede to thisConvention. A reference to a “State Party” or“States Parties” in this Convention, otherwisethan in paragraph 2 <strong>of</strong> Article 1, paragraph1(b) <strong>of</strong> Article 3, paragraph (b) <strong>of</strong> Article 5,Articles 23, 33, 46 and paragraph (b) <strong>of</strong> Article57, applies equally to a Regional EconomicIntegration Organisation. For the purpose <strong>of</strong>Article 24, the references to “a majority <strong>of</strong> theStates Parties” and “one-third <strong>of</strong> the StatesParties” shall not apply to a Regional EconomicIntegration Organisation.3. This Convention shall be subject toratification by States and by Regional EconomicIntegration Organisations which have signedit.4. Any State or Regional EconomicIntegration Organisation which does not signthis Convention may accept, approve or accedeto it at any time.5. Instruments <strong>of</strong> ratification, acceptance,approval or accession shall be deposited withthe International <strong>Civil</strong> <strong>Aviation</strong> Organization,which is hereby designated the Depositary.6. This Convention shall enter into forceon the sixtieth day following the date <strong>of</strong> deposit<strong>of</strong> the thirtieth instrument <strong>of</strong> ratification,acceptance, approval or accession with theDepositary between the States which havedeposited such instrument. An instrumentdeposited by a Regional Economic IntegrationOrganisation shall not be counted for thepurpose <strong>of</strong> this paragraph.7. For other States and for other RegionalEconomic Integration Organisations, thisConvention shall take effect sixty daysfollowing the date <strong>of</strong> deposit <strong>of</strong> the instrument<strong>of</strong> ratification, acceptance, approval oraccession.8. The Depositary shall promptly notifyall signatories and States Parties <strong>of</strong>:(a) each signature <strong>of</strong> this Convention anddate there<strong>of</strong>;(b) each deposit <strong>of</strong> an instrument <strong>of</strong>ratification, acceptance, approval oraccession and date there<strong>of</strong>;(c) the date <strong>of</strong> entry into force <strong>of</strong> thisConvention;(d) the date <strong>of</strong> the coming into force <strong>of</strong> anyrevision <strong>of</strong> the limits <strong>of</strong> liabilityestablished under this Convention:(e) any denunciation under Article 54.DenunciationArticle 541. Any State Party may denounce thisConvention by written notification to theDepositary.2. Denunciation shall take effect onehundred and eighty days following the date onwhich notification is received by theDepositary.Article 55Relationship with other Warsaw ConventionInstrumentsThis Convention shall prevail over any ruleswhich apply to international carriage by air:1. between States Parties to thisConvention by virtue <strong>of</strong> those States commonlybeing Party to(a) the Convention for the Unification <strong>of</strong>Certain Rules Relating to InternationalCarriage by Air Signed at Warsaw on12 October 1929 (hereinafter called theWarsaw Convention);(b) the Protocol to Amend the Conventionfor the Unification <strong>of</strong> Certain RulesRelating to International Carriage byAir Signed at Warsaw on 12 October1929 Done at The Hague on 28September 1955 (hereinafter called TheHague Protocol);
180CHAP. XXI MONTREAL CONVENTION, 1999(c) the convention, Supplementary to theWarsaw Convention, for the Unification<strong>of</strong> Certain Rules Relating toInternational Carriage by Air performedby a Person Other than the ContractingCarrier, signed at Guadalajara on 18September 1961 (hereinafter called theGuadalajara Convention);(d) the protocol to Amend the Conventionfor the Unification <strong>of</strong> Certain RulesRelating to International Carriage byAir Signed at Warsaw on 12 October1929 as Amended by the Protocol Doneat The Hague on 28 September 1955Signed at Guatemala City on 8 March1971 (hereinafter called the GuatemalaCity Protocol):(e) Additional Protocol Nos. 1 to 3 andMontreal Protocol No. 4 to amend theWarsaw Convention as amended by TheHague Protocol or the WarsawConvention as amended by both TheHague Protocol and the Guatemala CityProtocol Signed at MontreaI on 25September 1975 (hereinafter called theMontreal Protocols); or2. within the territory <strong>of</strong> any single StateParty to this Convention by virtue <strong>of</strong> that Statebeing Party to one or more <strong>of</strong> the instrumentsreferred to in sub-paragraphs (a) to (e) above.Article 56States with more than one System <strong>of</strong> Law1. If a State has two or more territorialunits in which different systems <strong>of</strong> law areapplicable in relation to matters dealt with inthis Convention, it may at the time <strong>of</strong> signature,ratification, acceptance, approval or accessiondeclare that this Convention shall extend to allits territorial units or only to one or more <strong>of</strong>them and may modify this declaration bysubmitting another declaration at any time.2. Any such declaration shall be notifiedto the Depositary and shall state expressly theterritorial units to which the Conventionapplies.3. In relation to a State Party which hasmade such a declaration:(a) references in Article 23 to “nationalcurrency” shall be construed as referringto the currency <strong>of</strong> the relevant territorialunit <strong>of</strong> that State; and(b) the reference in Article 28 to “nationallaw” shall be construed as referring tothe law <strong>of</strong> the relevant territorial unit <strong>of</strong>that State.ReservationsArticle 57No reservation may be made to thisConvention except that a State Party may atany time declare by a notification addressed tothe Depositary that this Convention shall notapply to:(a) international carriage by air performedand operated directly by that State Party fornon-commercial purposes in respect to itsfunctions and duties as a sovereign State; and/or(b) the carriage <strong>of</strong> persons, cargo andbaggage for its military authorities on aircraftregistered in or leased by that State Party, thewhole capacity <strong>of</strong> which has been reserved byor on behalf <strong>of</strong> such authorities.IN WITNESS WHERE OF the undersignedPlenipotentiaries, having been duly authorized,have signed this Convention.DONE at Montreal on the 28th day <strong>of</strong> May<strong>of</strong> the year one thousand nine hundred andninety-nine in the English, Arabic, Chinese,French, Russian and Spanish language, all textsbeing equally authentic. This Convention shallremain deposited in the archives <strong>of</strong> theInternational <strong>Civil</strong> <strong>Aviation</strong> Organization, andcertified copies there<strong>of</strong> shall be transmitted bythe Depositary to all States Parties to thisConvention, as well as to all States Parties tothe Warsaw Convention, The Hague Protocol,the Guadalajara Convention, the GuatemalaCity Protocol, and the Montreal Protocols.
181CHAPTER XXIICONVENTION ON INTERNATIONALINTERESTS IN MOBILE EQUIPMENTSIGNED AT CAPE TOWN ON 16 NOVEMBER 2001(THE CAPE TOWN CONVENTION, 2001)
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183THE CAPE TOWN CONVENTION, 2001CHAP. XXIICHAPTER XXIICONVENTION ON INTERNATIONAL INTERESTSIN MOBILE EQUIPMENT SIGNED AT CAPE TOWNON 16 NOVEMBER 2001 *(THE CAPE TOWN CONVENTION, 2001)The STATES PARTIES TO THISCONVENTION,AWARE <strong>of</strong> the need to acquire and usemobile equipment <strong>of</strong> high value or particulareconomic significance and to facilitate thefinancing <strong>of</strong> the acquisition and use <strong>of</strong> suchequipment in an efficient manner,RECOGNISING the advantages <strong>of</strong> assetbasedfinancing and leasing for this purpose anddesiring to facilitate these types <strong>of</strong> transaction byestablishing clear rules to govern them,MINDFUL <strong>of</strong> the need to ensure that interestsin such equipment are recognised and protecteduniversally,DESIRING to provide broad and mutualeconomic benefits for all interested parties,BELIEVING that such rules must reflect theprinciples underlying asset-based financing andleasing and promote the autonomy <strong>of</strong> the partiesnecessary in these transactions,CONSCIOUS <strong>of</strong> the need to establish a legalframework for international interests in suchequipment and for that purpose to create aninternational registration system for theirprotection,TAKING INTO CONSIDERATION theobjectives and principles enunciated in existingConventions relating to such equipment,HAVE AGREED upon the followingprovisions:CHAPTER ISPHERE OF APPLICATIONAND GENERAL PROVISIONSDefinitionsArticle 1In this Convention, except where the contextotherwise requires, the following terms areemployed with the meanings set out below:(a) “agreement” means a securityagreement, a title reservation agreementor a leasing agreement;(b) “assignment” means a contract which,whether by way <strong>of</strong> security or otherwise,confers on the assignee associated rightswith or without a transfer <strong>of</strong> the relatedinternational interest;(c) “associated rights” means all rights topayment or other performance by adebtor under an agreement which aresecured by or associated with the object;(d) “commencement <strong>of</strong> the insolvencyproceedings” means the time at whichthe insolvency proceedings are deemedto commence under the applicableinsolvency law;(e) “conditional buyer” means a buyer undera title reservation agreement;* Has not entered into forceRequires 3 ratifications to enter into forceIndia has not ratified it.
184CHAP. XXII THE CAPE TOWN CONVENTION, 2001(f) “conditional seller” means a seller undera title reservation agreement;(g) “contract <strong>of</strong> sale” means a contract forthe sale <strong>of</strong> an object by a seller to abuyer which is not an agreement asdefined in (a) above;(h) “court” means a court <strong>of</strong> law or anadministrative or arbitral tribunalestablished by a Contracting State;(i) “creditor” means a chargee under asecurity agreement, a conditional sellerunder a title reservation agreement or alessor under a leasing agreement;(j) “debtor” means a chargor under asecurity agreement, a conditional buyerunder a title reservation agreement, alessee under a leasing agreement or aperson whose interest in an object isburdened by a registrable nonconsensualright or interest;(k) “insolvency administrator” means aperson authorised to administer thereorganisation or liquidation, includingone authorised on an interim basis, andincludes a debtor in possession ifpermitted by the applicable insolvencylaw;(l) “insolvency proceedings” meansbankruptcy, liquidation or othercollective judicial or administrativeproceedings, including interimproceedings, in which the assets andaffairs <strong>of</strong> the debtor are subject to controlor supervision by a court for the purposes<strong>of</strong> reorganisation or liquidation;(m) “interested persons” means:(i) the debtor;(ii) any person who, for the purpose <strong>of</strong>assuring performance <strong>of</strong> any <strong>of</strong> theobligations in favour <strong>of</strong> the creditor,gives or issues a suretyship or demandguarantee or a standby letter <strong>of</strong> creditor any other form <strong>of</strong> credit insurance;(iii) any other person having rights in orover the object;(n) “internal transaction” means atransaction <strong>of</strong> a type listed in Article2(2)(a) to (c) where the centre <strong>of</strong> themain interests <strong>of</strong> all parties to suchtransaction is situated, and the relevantobject located (as specified in theProtocol), in the same Contracting Stateat the time <strong>of</strong> the conclusion <strong>of</strong> thecontract and where the interest createdby the transaction has been registeredin a national registry in that ContractingState which has made a declarationunder Article 50(1);(o) “international interest” means an interestheld by a creditor to which Article 2applies;(p) “International Registry” means theinternational registration facilitiesestablished for the purposes <strong>of</strong> thisConvention or the Protocol;(q) “leasing agreement” means anagreement by which one person (thelessor) grants a right to possession orcontrol <strong>of</strong> an object (with or without anoption to purchase) to another person(the lessee) in return for a rental orother payment;(r) “national interest” means an interestheld by a creditor in an object andcreated by an internal transactioncovered by a declaration under Article50(1);(s) “non-consensual right or interest” meansa right or interest conferred under thelaw <strong>of</strong> a Contracting State which hasmade a declaration under Article 39 tosecure the performance <strong>of</strong> an obligation,including an obligation to a State, Stateentity or an intergovernmental or privateorganisation;(t) “notice <strong>of</strong> a national interest” meansnotice registered or to be registered inthe International Registry that a nationalinterest has been created;(u) “object” means an object <strong>of</strong> a categoryto which Article 2 applies;
185THE CAPE TOWN CONVENTION, 2001CHAP. XXII(v) “pre-existing right or interest” means aright or interest <strong>of</strong> any kind in or overan object created or arising before theeffective date <strong>of</strong> this Convention asdefined by Article 60(2)(a);(w) “proceeds” means money or non-moneyproceeds <strong>of</strong> an object arising from thetotal or partial loss or physicaldestruction <strong>of</strong> the object or its total orpartial confiscation, condemnation orrequisition;(x) “prospective assignment” means anassignment that is intended to be madein the future, upon the occurrence <strong>of</strong> astated event, whether or not theoccurrence <strong>of</strong> the event is certain;(y) “prospective international interest”means an interest that is intended to becreated or provided for in an object asan international interest in the future,upon the occurrence <strong>of</strong> a stated event(which may include the debtor’sacquisition <strong>of</strong> an interest in the object),whether or not the occurrence <strong>of</strong> theevent is certain;(z) “prospective sale” means a sale whichis intended to be made in the future,upon the occurrence <strong>of</strong> a stated event,whether or not the occurrence <strong>of</strong> theevent is certain;(aa) “Protocol” means, in respect <strong>of</strong> anycategory <strong>of</strong> object and associated rightsto which this Convention applies, theProtocol in respect <strong>of</strong> that category <strong>of</strong>object and associated rights;(bb) “registered” means registered in theInternational Registry pursuant toChapter V;(cc) “registered interest” means aninternational interest, a registrable nonconsensualright or interest or a nationalinterest specified in a notice <strong>of</strong> a nationalinterest registered pursuant to Chapter V;(dd) “registrable non-consensual right orinterest” means a non-consensual rightor interest registrable pursuant to adeclaration deposited under Article 40;(ee) “Registrar” means, in respect <strong>of</strong> theProtocol, the person or body designatedby that Protocol or appointed underArticle 17(2)(b);(ff) “regulations” means regulations madeor approved by the SupervisoryAuthority pursuant to the Protocol;(gg) “sale” means a transfer <strong>of</strong> ownership <strong>of</strong>an object pursuant to a contract <strong>of</strong> sale;(hh) “secured obligation” means anobligation secured by a security interest;(ii) “security agreement” means anagreement by which a chargor grants oragrees to grant to a chargee an interest(including an ownership interest) in orover an object to secure the performance<strong>of</strong> any existing or future obligation <strong>of</strong>the chargor or a third person;(jj) “security interest” means an interestcreated by a security agreement;(kk) “Supervisory Authority” means, inrespect <strong>of</strong> the Protocol, the SupervisoryAuthority referred to in Article 17(1);(ll) “title reservation agreement” means anagreement for the sale <strong>of</strong> an object onterms that ownership does not pass untilfulfilment <strong>of</strong> the condition or conditionsstated in the agreement;(mm) “unregistered interest” means aconsensual interest or non-consensualright or interest (other than an interestto which Article 39 applies) which hasnot been registered, whether or not it isregistrable under this Convention; and(nn) “writing” means a record <strong>of</strong> information(including information communicatedby teletransmission) which is in tangibleor other form and is capable <strong>of</strong> beingreproduced in tangible form on asubsequent occasion and whichindicates by reasonable means a person’sapproval <strong>of</strong> the record.
Article 2The international interest1. This Convention provides for theconstitution and effects <strong>of</strong> an internationalinterest in certain categories <strong>of</strong> mobileequipment and associated rights,2. For the purposes <strong>of</strong> this Convention, aninternational interest in mobile equipment isan interest, constituted under Article 7, in auniquely identifiable object <strong>of</strong> a category <strong>of</strong>such objects listed in paragraph 3 anddesignated in the Protocol:(a) granted by the chargor under a securityagreement;(b) vested in a person who is the conditionalseller under a title reservationagreement; or(c) vested in a person who is the lessor undera leasing agreement. An interest fallingwithin sub-paragraph (a) does not als<strong>of</strong>all within sub-paragraph (b) or (c).3. The categories referred to in thepreceding paragraphs are:(a) airframes, aircraft engines andhelicopters;(b) railway rolling stock; and(c) space assets.4. The applicable law determines whetheran interest to which paragraph 2 applies fallswithin sub-paragraph (a), (b) or (c) <strong>of</strong> thatparagraph.5. An international interest in an objectextends to proceeds <strong>of</strong> that object.Sphere <strong>of</strong> applicationArticle 31. This Convention applies when, at thetime <strong>of</strong> the conclusion <strong>of</strong> the agreement creatingor providing for the international interest, thedebtor is situated in a Contracting State.2. The fact that the creditor is situated in anon-Contracting State does not affect theapplicability <strong>of</strong> this Convention.186CHAP. XXII THE CAPE TOWN CONVENTION, 2001Article 4Where debtor is situated1. For the purposes <strong>of</strong> Article 3(1), thedebtor is situated in any Contracting State:(a) under the law <strong>of</strong> which it is incorporatedor formed;(b) where it has its registered <strong>of</strong>fice orstatutory seat;(c) where it has its centre <strong>of</strong> administration;or(d) where it has its place <strong>of</strong> business.2. A reference in sub-paragraph (d) <strong>of</strong> thepreceding paragraph to the debtor’s place <strong>of</strong>business shall, if it has more than one place <strong>of</strong>business, mean its principal place <strong>of</strong> businessor, if it has no place <strong>of</strong> business, its habitualresidence.Article 5Interpretation and applicable law1. In the interpretation <strong>of</strong> this Convention,regard is to be had to its purposes as set forth inthe preamble, to its international character andto the need to promote uniformity andpredictability in its application.2. Questions concerning matters governedby this Convention which are not expresslysettled in it are to be settled in conformity withthe general principles on which it is based or,in the absence <strong>of</strong> such principles, in conformitywith the applicable law.3. References to the applicable law are tothe domestic rules <strong>of</strong> the law applicable byvirtue <strong>of</strong> the rules <strong>of</strong> private international law<strong>of</strong> the forum State.4. Where a State comprises severalterritorial units, each <strong>of</strong> which has its ownrules <strong>of</strong> law in respect <strong>of</strong> the matter to bedecided, and where there is no indication <strong>of</strong>the relevant territorial unit, the law <strong>of</strong> thatState decides which is the territorial unit whoserules shall govern. In the absence <strong>of</strong> any suchrule, the law <strong>of</strong> the territorial unit with whichthe case is most closely connected shall apply.
Article 6Relationship between the Convention and theProtocol1. This Convention and the Protocol shallbe read and interpreted together as a singleinstrument.2. To the extent <strong>of</strong> any inconsistencybetween this Convention and the Protocol, theProtocol shall prevail.CHAPTER IICONSTITUTION OF ANINTERNATIONAL INTERESTArticle 7Formal requirementsAn interest is constituted as an internationalinterest under this Convention where theagreement creating or providing for the interest:(a) is in writing;(b) relates to an object <strong>of</strong> which the chargor,conditional seller or lessor has power todispose;(c) enables the object to be identified inconformity with the Protocol; and(d) in the case <strong>of</strong> a security agreement,enables the secured obligations to bedetermined, but without the need to statea sum or maximum sum secured.CHAPTER IIIDEFAULT REMEDIESArticle 8Remedies <strong>of</strong> chargee1. In the event <strong>of</strong> default as provided inArticle 11, the chargee may, to the extent thatthe chargor has at any time so agreed andsubject to any declaration that may be made bya Contracting State under Article 54, exerciseany one or more <strong>of</strong> the following remedies:(a) take possession or control <strong>of</strong> any objectcharged to it;(b) sell or grant a lease <strong>of</strong> any such object;(c) collect or receive any income or pr<strong>of</strong>its187THE CAPE TOWN CONVENTION, 2001CHAP. XXIIarising from the management or use <strong>of</strong>any such object.2. The chargee may alternatively apply fora court order authorising or directing any <strong>of</strong>the acts referred to in the preceding paragraph.3. Any remedy set out in sub-paragraph (a),(b) or (c) <strong>of</strong> paragraph 1 or by Article 13 shall beexercised in a commercially reasonable manner.A remedy shall be deemed to be exercised in acommercially reasonable manner where it isexercised in conformity with a provision <strong>of</strong> thesecurity agreement except where such a provisionis manifestly unreasonable.4. A chargee proposing to sell or grant alease <strong>of</strong> an object under paragraph 1 shall givereasonable prior notice in writing <strong>of</strong> theproposed sale or lease to:(a) interested persons specified in Article1(m)(i) and (ii); and(b) interested persons specified in Article 1(m)(iii) who have given notice <strong>of</strong> theirrights to the chargee within a reasonabletime prior to the sale or lease.5. Any sum collected or received by thechargee as a result <strong>of</strong> exercise <strong>of</strong> any <strong>of</strong> theremedies set out in paragraph 1 or 2 shall beapplied towards discharge <strong>of</strong> the amount <strong>of</strong> thesecured obligations.6. Where the sums collected or receivedby the chargee as a result <strong>of</strong> the exercise <strong>of</strong> anyremedy set out in paragraph 1 or 2 exceed theamount secured by the security interest andany reasonable costs incurred in the exercise<strong>of</strong> any such remedy, then unless otherwiseordered by the court the chargee shall distributethe surplus among holders <strong>of</strong> subsequentlyranking interests which have been registeredor <strong>of</strong> which the chargee has been given notice,in order <strong>of</strong> priority, and pay any remainingbalance to the chargor.Article 9Vesting <strong>of</strong> object in satisfaction; redemption1. At any time after default as provided inArticle 11, the chargee and all the interestedpersons may agree that ownership <strong>of</strong> (or any
188CHAP. XXII THE CAPE TOWN CONVENTION, 2001other interest <strong>of</strong> the chargor in) any objectcovered by the security interest shall vest inthe chargee in or towards satisfaction <strong>of</strong> thesecured obligations.2. The court may on the application <strong>of</strong> thechargee order that ownership <strong>of</strong> (or any otherinterest <strong>of</strong> the chargor in) any object coveredby the security interest shall vest in the chargeein or towards satisfaction <strong>of</strong> the securedobligations.3. The court shall grant an applicationunder the preceding paragraph only if theamount <strong>of</strong> the secured obligations to be satisfiedby such vesting is commensurate with the value<strong>of</strong> the object after taking account <strong>of</strong> any paymentto be made by the chargee to any <strong>of</strong> theinterested persons.4. At any time after default as provided inArticle 11 and before sale <strong>of</strong> the charged objector the making <strong>of</strong> an order under paragraph 2,the chargor or any interested person maydischarge the security interest by paying in fullthe amount secured, subject to any lease grantedby the chargee under Article 8(1 )(b) or orderedunder Article 8(2). Where, after such default,the payment <strong>of</strong> the amount secured is made infull by an interested person other than thedebtor, that person is subrogated to the rights<strong>of</strong> the chargee.5. Ownership or any other interest <strong>of</strong> thechargor passing on a sale under Article 8(l)(b)or passing under paragraph 1 or 2 <strong>of</strong> this Articleis free from any other interest over which thechargee’s security interest has priority underthe provisions <strong>of</strong> Article 29.Article 10Remedies <strong>of</strong> conditional seller or lessorIn the event <strong>of</strong> default under a titlereservation agreement or under a leasingagreement as provided in Article 11, theconditional seller or the lessor, as the case maybe, may:(a) subject to any declaration that may bemade by a Contracting State underArticle 54, terminate the agreement andtake possession or control <strong>of</strong> any objectto which the agreement relates; or(b) apply for a court order authorising ordirecting either <strong>of</strong> these acts.Article 11Meaning <strong>of</strong> default1. The debtor and the creditor may at anytime agree in writing as to the events thatconstitute a default or otherwise give rise tothe rights and remedies specified in Articles 8to 10 and 13.2. Where the debtor and the creditor havenot so agreed, “default” for the purposes <strong>of</strong>Articles 8 to 10 and 13 means a default whichsubstantially deprives the creditor <strong>of</strong> what it isentitled to expect under the agreement.Article 12Additional remediesAny additional remedies permitted by theapplicable law, including any remedies agreedupon by the parties, may be exercised to theextent that they are not inconsistent with themandatory provisions <strong>of</strong> this Chapter as setout in Article 15.Article 13Relief pending final determination1. Subject to any declaration that it maymake under Article 55, a Contracting Stateshall ensure that a creditor who adducesevidence <strong>of</strong> default by the debtor may, pendingfinal determination <strong>of</strong> its claim and to theextent that the debtor has at any time so agreed,obtain from a court speedy relief in the form <strong>of</strong>such one or more <strong>of</strong> the following orders as thecreditor requests:(a) preservation <strong>of</strong> the object and its value;(b) possession, control or custody <strong>of</strong> theobject;(c) immobilisation <strong>of</strong> the object; and(d) lease or, except where covered by subparagraphs(a) to (c), management <strong>of</strong>the object and the income therefrom.2. In making any order under the precedingparagraph, the court may impose such terms as
189THE CAPE TOWN CONVENTION, 2001CHAP. XXIIit considers necessary to protect the interestedpersons in the event that the creditor:(a) in implementing any order granting suchrelief, fails to perform any <strong>of</strong> itsobligations to the debtor under thisConvention or the Protocol; or(b) fails to establish its claim, wholly or inpart, on the final determination <strong>of</strong> thatclaim.3. Before making any order under paragraph1, the court may require notice <strong>of</strong> the requestto be given to any <strong>of</strong> the interested persons.4. Nothing in this Article affects theapplication <strong>of</strong> Article 8(3) or limits theavailability <strong>of</strong> forms <strong>of</strong> interim relief otherthan those set out in paragraph 1.Article 14Procedural requirementsSubject to Article 54(2), any remedy providedby this Chapter shall be exercised in conformitywith the procedure prescribed by the law <strong>of</strong> theplace where the remedy is to be exercised.Article 15DerogationIn their relations with each other, any twoor more <strong>of</strong> the parties referred to in this Chaptermay at any time, by agreement in writing,derogate from or vary the effect <strong>of</strong> any <strong>of</strong> thepreceding provisions <strong>of</strong> this Chapter exceptArticles 8(3) to (6), 9(3) and (4), 13(2) and 14.CHAPTER IVTHE INTERNATIONALREGISTRATION SYSTEMArticle 16The International Registry1. An International Registry shall beestablished for registrations <strong>of</strong>:(a) international interests, prospectiveinternational interests and registrablenon-consensual rights and interests;(b) assignments and prospective assignments<strong>of</strong> international interests;(c) acquisitions <strong>of</strong> international interestsby legal or contractual subrogationsunder the applicable law;(d) notices <strong>of</strong> national interests; and(e) subordinations <strong>of</strong> interests referred toin any <strong>of</strong> the preceding sub-paragraphs.2. Different international registries maybe established for different categories <strong>of</strong> objectand associated rights.3. For the purposes <strong>of</strong> this Chapter andChapter V, the term “registration” includes,where appropriate, an amendment, extensionor discharge <strong>of</strong> a registration.Article 17The Supervisory Authority and the Registrar1. There shall be a Supervisory Authorityas provided by the Protocol.2. The Supervisory Authority shall:(a) establish or provide for the establishment<strong>of</strong> the International Registry;(b) except as otherwise provided by theProtocol, appoint and dismiss theRegistrar;(c) ensure that any rights required for thecontinued effective operation <strong>of</strong> theInternational Registry in the event <strong>of</strong> achange <strong>of</strong> Registrar will vest in or beassignable to the new Registrar;(d) after consultation with the ContractingStates, make or approve and ensure thepublication <strong>of</strong> regulations pursuant tothe Protocol dealing with the operation<strong>of</strong> the International Registry;(e) establish administrative proceduresthrough which complaints concerning theoperation <strong>of</strong> the International Registrycan be made to the Supervisory Authority;(f) supervise the Registrar and the operation<strong>of</strong> the International Registry;(g) at the request <strong>of</strong> the Registrar, providesuch guidance to the Registrar as theSupervisory Authority thinks fit;(h) set and periodically review the structure<strong>of</strong> fees to be charged for the services andfacilities <strong>of</strong> the International Registry;
190CHAP. XXII THE CAPE TOWN CONVENTION, 2001(i) do all things necessary to ensure that anefficient notice-based electronicregistration system exists to implementthe objectives <strong>of</strong> this Convention andthe Protocol; and(j) report periodically to Contracting Statesconcerning the discharge <strong>of</strong> itsobligations under this Convention andthe Protocol.3. The Supervisory Authority may enterinto any agreement requisite for theperformance <strong>of</strong> its functions, including anyagreement referred to in Article 27(3).4. The Supervisory Authority shall ownall proprietary rights in the data bases andarchives <strong>of</strong> the International Registry.5. The Registrar shall ensure the efficientoperation <strong>of</strong> the International Registry andperform the functions assigned to it by thisConvention, the Protocol and the regulations.CHAPTER VOTHER MATTERS RELATINGTO REGISTRATIONArticle 18Registration requirements1. The Protocol and regulations shallspecify the requirements, including the criteriafor the identification <strong>of</strong> the object:(a) for effecting a registration (which shallinclude provision for prior electronictransmission <strong>of</strong> any consent from anyperson whose consent is required underArticle 20);(b) for making searches and issuing searchcertificates, and, subject thereto;(c) for ensuring the confidentiality <strong>of</strong>information and documents <strong>of</strong> theInternational Registry other thaninformation and documents relating toa registration.2. The Registrar shall not be under a duty toenquire whether a consent to registration underArticle 20 has in fact been given or is valid.3. Where an interest registered as aprospective international interest becomes aninternational interest, no further registrationshall be required provided that the registrationinformation is sufficient for a registration <strong>of</strong>an international interest.4. The Registrar shall arrange forregistrations to be entered into the InternationalRegistry data base and made searchable inchronological order <strong>of</strong> receipt, and the fileshall record the date and time <strong>of</strong> receipt.5. The Protocol may provide that aContracting State may designate an entity orentities in its territory as the entry point orentry points through which the informationrequired for registration shall or may betransmitted to the International Registry. AContracting State making such a designationmay specify the requirements, if any, to besatisfied before such information is transmittedto the International Registry.Article 19Validity and time <strong>of</strong> registration1. A registration shall be valid only if madein conformity with Article 20.2. A registration, if valid, shall be completeupon entry <strong>of</strong> the required information into theInternational Registry data base so as to besearchable.3. A registration shall be searchable forthe purposes <strong>of</strong> the preceding paragraph at thetime when:(a) the International Registry has assignedto it a sequentially ordered file number;and(b) the registration information, includingthe file number, is stored in durableform and may be accessed at theInternational Registry.4. If an interest first registered as aprospective international interest becomes aninternational interest, that international interestshall be treated as registered from the time <strong>of</strong>registration <strong>of</strong> the prospective internationalinterest provided that the registration was still
191THE CAPE TOWN CONVENTION, 2001CHAP. XXIIcurrent immediately before the internationalinterest was constituted as provided by Article 7.5. The preceding paragraph applies withnecessary modifications to the registration <strong>of</strong>a prospective assignment <strong>of</strong> an internationalinterest.6. A registration shall be searchable in theInternational Registry data base according tothe criteria prescribed by the Protocol.Article 20Consent to registration1. An international interest, a prospectiveinternational interest or an assignment orprospective assignment <strong>of</strong> an internationalinterest may be registered, and any suchregistration amended or extended prior to itsexpiry, by either party with the consent inwriting <strong>of</strong> the other.2. The subordination <strong>of</strong> an internationalinterest to another international interest maybe registered by or with the consent in writingat any time <strong>of</strong> the person whose interest hasbeen subordinated.3. A registration may be discharged by orwith the consent in writing <strong>of</strong> the party inwhose favour it was made.4. The acquisition <strong>of</strong> an internationalinterest by legal or contractual subrogationmay be registered by the subrogee.5. A registrable non-consensual right orinterest may be registered by the holder there<strong>of</strong>.6. A notice <strong>of</strong> a national interest may beregistered by the holder there<strong>of</strong>.Article 21Duration <strong>of</strong> registrationRegistration <strong>of</strong> an international interestremains effective until discharged or untilexpiry <strong>of</strong> the period specified in the registration.Article 22Searches1. Any person may, in the mannerprescribed by the Protocol and regulations,make or request a search <strong>of</strong> the InternationalRegistry by electronic means concerninginterests or prospective international interestsregistered therein.2. Upon receipt <strong>of</strong> a request there<strong>of</strong>, theRegistrar, in the manner prescribed by theProtocol and regulations, shall issue a registrysearch certificate by electronic means withrespect to any object:(a) stating all registered information relatingthereto, together with a statementindicating the date and time <strong>of</strong>registration <strong>of</strong> such information; or(b) stating that there is no information inthe International Registry relatingthereto.3. A search certificate issued under thepreceding paragraph shall indicate that thecreditor named in the registration informationhas acquired or intends to acquire an internationalinterest in the object but shall not indicate whetherwhat is registered is an international interest or aprospective international interest, even if this isascertainable from the relevant registrationinformation.Article 23List <strong>of</strong> declarations and declared nonconsensualrights or interestsThe Registrar shall maintain a list <strong>of</strong>declarations, withdrawals <strong>of</strong> declaration and <strong>of</strong>the categories <strong>of</strong> non-consensual right or interestcommunicated to the Registrar by the Depositaryas having been declared by Contracting States inconformity with Articles 39 and 40 and the date<strong>of</strong> each such declaration or withdrawal <strong>of</strong>declaration. Such list shall be recorded andsearchable in the name <strong>of</strong> the declaring State andshall be made available as provided in the Protocoland regulations to any person requesting it.Article 24Evidentiary value <strong>of</strong> certificatesA document in the form prescribed by theregulations which purports to be a certificateissued by the International Registry is primafacie pro<strong>of</strong>:(a) that it has been so issued; and(b) <strong>of</strong> the facts recited in it, including thedate and time <strong>of</strong> a registration.
192CHAP. XXII THE CAPE TOWN CONVENTION, 2001Article 25Discharge <strong>of</strong> registration1. Where the obligations secured by aregistered security interest or the obligationsgiving rise to a registered non-consensual rightor interest have been discharged, or where theconditions <strong>of</strong> transfer <strong>of</strong> title under a registeredtitle reservation agreement have been fulfilled,the holder <strong>of</strong> such interest shall, without unduedelay, procure the discharge <strong>of</strong> the registrationafter written demand by the debtor deliveredto or received at its address stated in theregistration.2. Where a prospective internationalinterest or a prospective assignment <strong>of</strong> aninternational interest has been registered, theintending creditor or intending assignee shall,without undue delay, procure the discharge <strong>of</strong>the registration after written demand by theintending debtor or assignor which is deliveredto or received at its address stated in theregistration before the intending creditor orassignee has given value or incurred acommitment to give value.3. Where the obligations secured by anational interest specified in a registered notice<strong>of</strong> a national interest have been discharged,the holder <strong>of</strong> such interest shall, without unduedelay, procure the discharge <strong>of</strong> the registrationafter written demand by the debtor deliveredto or received at its address stated in theregistration.4. Where a registration ought not to havebeen made or is incorrect, the person in whosefavour the registration was made shall, withoutundue delay, procure its discharge oramendment after written demand by the debtordelivered to or received at its address stated inthe registration.Article 26Access to the international registration facilitiesNo person shall be denied access to theregistration and search facilities <strong>of</strong> theInternational Registry on any ground otherthan its failure to comply with the proceduresprescribed by this Chapter.CHAPTER VIPRIVILEGES AND IMMUNITIES OFTHE SUPERVISORY AUTHORITYAND THE REGISTRARArticle 27Legal personality; immunity1. The Supervisory Authority shall haveinternational legal personality where not alreadypossessing such personality.2. The Supervisory Authority and its<strong>of</strong>ficers and employees shall enjoy suchimmunity from legal or administrative processas is specified in the Protocol.3. (a) The Supervisory Authority shallenjoy exemption from taxes andsuch other privileges as may beprovided by agreement with the hostState.(b) For the purposes <strong>of</strong> this paragraph,“host State” means the State inwhich the Supervisory Authority issituated.4. The assets, documents, data bases andarchives <strong>of</strong> the International Registry shall beinviolable and immune from seizure or otherlegal or administrative process.5. For the purposes <strong>of</strong> any claim againstthe Registrar under Article 28( 1) or Article44, the claimant shall be entitled to access tosuch information and documents as arenecessary to enable the claimant to pursue itsclaim.6. The Supervisory Authority may waivethe inviolability and immunity conferred byparagraph 4.CHAPTER VIILIABILITY OF THE REGISTRARArticle 28Liability and financial assurances1. The Registrar shaJJ be liable forcompensatory damages for loss suffered by aperson directly resulting from an error or omission<strong>of</strong> the Registrar and its <strong>of</strong>ficers and employees
193THE CAPE TOWN CONVENTION, 2001CHAP. XXIIor from a malfunction <strong>of</strong> the internationalregistration system except where the malfunctionis caused by an event <strong>of</strong> an inevitable andirresistible nature, which could not be preventedby using the best practices in current use in thefield <strong>of</strong> electronic registry design and operation,including those related to back-up and systemssecurity and networking.2. The Registrar shall not be liable underthe preceding paragraph for factual inaccuracy<strong>of</strong> registration information received by theRegistrar or transmitted by the Registrar in theform in which it received that information norfor acts or circumstances for which the Registrarand its <strong>of</strong>ficers and employees are notresponsible and arising prior to receipt <strong>of</strong>registration information at the InternationalRegistry.3. Compensation under paragraph 1 maybe reduced to the extent that the person whosuffered the damage caused or contributed tothat damage.4. The Registar shall procure insurance ora financial guarantee covering the liabilityrefferred to in this Article to the extentdetermined by the Supervisory Authority, inaccordance with the Protocol.CHAPTER VIIIEFFECTS OF ANINTERNATIONAL INTERESTAS AGAINST THIRD PARTIESArticle 29Priority <strong>of</strong> competing interests1. A registered interest has priority overany other interest subsequently registered andover an unregistered interest.2. The priority <strong>of</strong> the first-mentionedinterest under the preceding paragraph applies:(a) even if the first-mentioned interest wasacquired or registered with actualknowledge <strong>of</strong> the other interest; and(b) even as regards value given by the holder<strong>of</strong> the first-mentioned interest with suchknowledge.3. The buyer <strong>of</strong> an object acquires itsinterest in it:(a) subject to an interest registered at thetime <strong>of</strong> its acquisition <strong>of</strong> that interest;and(b) free from an unregistered interest evenif it has actual knowledge <strong>of</strong> such aninterest.4. The conditional buyer or lessee acquiresits interest in or right over that object:(a) subject to an interest registered prior tothe registration <strong>of</strong> the internationalinterest held by its conditional seller orlessor; and(b) free from an interest not so registered atthat time even if it has actual knowledge<strong>of</strong> that interest.5. The priority <strong>of</strong> competing interests orrights under this Article may be varied byagreement between the holders <strong>of</strong> thoseinterests, but an assignee <strong>of</strong> a subordinatedinterest is not bound by an agreement tosubordinate that interest unless at the time <strong>of</strong>the assignment a subordination had beenregistered relating to that agreement.6. Any priority given by this Article to aninterest in an object extends to proceeds.7. This Convention :(a) does not affect the rights <strong>of</strong> a person inan item, other than an object, held priorto its installation on an object if underthe applicable law those rights continueto exist after the installation; and(b) does not prevent the creation <strong>of</strong> rightsin an item, other than an obj ect, whichhas previously been installed on anobject where under the applicable lawthose rights are created.Article 30Effects <strong>of</strong> insolvency1. In insolvency proceedings against thedebtor an international interest is effective ifprior to the commencement <strong>of</strong> the insolvencyproceedings that interest was registered inconformity with this Convention.
194CHAP. XXII THE CAPE TOWN CONVENTION, 20012. Nothing in this Article impairs theeffectiveness <strong>of</strong> an international interest in theinsolvency proceedings where that interest iseffective under the applicable law.3. Nothing in this Article affects:(a) any rules <strong>of</strong> law applicable in insolvencyproceedings relating to the avoidance<strong>of</strong> a transaction as a preference or atransfer in fraud <strong>of</strong> creditors; or(b) any rules <strong>of</strong> procedure relating to theenforcement <strong>of</strong> rights to property whichis under the control or supervision <strong>of</strong>the insolvency administrator.CHAPTER IXASSIGNMENTS OF ASSOCIATEDRIGHTS AND INTERNATIONALINTERESTS; RIGHTS OFSUBROGATIONEffects <strong>of</strong> assignmentArticle 311. Except as otherwise agreed by theparties, an assignment <strong>of</strong> associated rights madein conformity with Article 32 also transfers tothe assignee:(a) the related international interest; and(b) all the interests and priorities <strong>of</strong> theassignor under this Convention.2. Nothing in this Convention prevents apartial assignment <strong>of</strong> the assignor’s associatedrights. In the case <strong>of</strong> such a partial assignmentthe assignor and assignee may agree as to theirrespective rights concerning the relatedinternational interest assigned under thepreceding paragraph but not so as adversely toaffect the debtor without its consent.3. Subject to paragraph 4, the applicablelaw shall determine the defences and rights <strong>of</strong>set-<strong>of</strong>f available to the debtor against theassignee.4. The debtor may at any time by agreementin writing waive all or any <strong>of</strong> the defences andrights <strong>of</strong> set-<strong>of</strong>f referred to in the precedingparagraph other than defences arising fromfraudulent acts on the part <strong>of</strong> the assignee,5. In the case <strong>of</strong> an assignment by way <strong>of</strong>security, the assigned associated rights revestin the assignor, to the extent that they are stillsubsisting, when the obligations secured bythe assignment have been discharged.Article 32Formal requirements <strong>of</strong> assignment1. An assignment <strong>of</strong> associated rightstransfers the related international interest onlyif it :(a) is in writing;(b) enables the associated rights to beidentified under the contract from whichthey arise; and(c) in the case <strong>of</strong> an assignment by way <strong>of</strong>security, enables the obligations securedby the assignment to be determined inaccordance with ‘the Protocol butwithout the need to state a sum ormaximum sum secured.2. An assignment <strong>of</strong> an internationalinterest created or provided for by a securityagreement is not valid unless some or all relatedassociated rights also are assigned.3. This Convention does not apply to anassignment <strong>of</strong> associated rights which is noteffective to transfer the related internationalinterest.Article 33Debtor’s duty to assignee1. To the extent that associated rights andthe related international interest have beentransferred in accordance with Articles 31 and32, the debtor in relation to those rights andthat interest is bound by the assignment andhas a duty to make payment or give otherperformance to the assignee, if but only if:(a) the debtor has been given notice <strong>of</strong> theassignment in writing by or with theauthority <strong>of</strong> the assignor; and
195THE CAPE TOWN CONVENTION, 2001CHAP. XXII(b) the notice identifies the associatedrights.2. Irrespective <strong>of</strong> any other ground on whichpayment or performance by the debtor dischargesthe latter from liability, payment or performanceshall be effective for this purpose if made inaccordance with the preceding paragraph.3. Nothing in this Article shall affect thepriority <strong>of</strong> competing assignments.Article 34Default remedies in respect <strong>of</strong> assignment byway <strong>of</strong> securityIn the event <strong>of</strong> default by the assignor underthe assignment <strong>of</strong> associated rights and the relatedinternational interest made by way <strong>of</strong> security.Articles 8, 9 and 11 to 14 apply in the relationsbetween the assignor and the assignee (and, inrelation to associated rights, apply in so far asthose provisions are capable <strong>of</strong> application tointangible property) as if references:(a) to the secured obligation and the securityinterest were references to the obligationsecured by the assignment <strong>of</strong> theassociated rights and the relatedinternational interest and the securityinterest created by that assignment;(b) to the chargee or creditor and chargoror debtor were references to the assigneeand assignor;(c) to the holder <strong>of</strong> the international interestwere references to the assignee; and(d) to the object were references to theassigned associated rights and therelated international interest.Article 35Priority <strong>of</strong> competing assignments1. Where there are competing assignments<strong>of</strong> associated rights and at least one <strong>of</strong> theassignments includes the related internationalinterest and is registered, the provisions <strong>of</strong> Article29 apply as if the references to a registeredinterest were references to an assignment <strong>of</strong> theassociated rights and the related registered interestand as if references to a registered or unregisteredinterest were references to a registered orunregistered assignment.2. Article 30 applies to an assignment <strong>of</strong>associated rights as if the references to aninternational interest were references to anassignment <strong>of</strong> the associated rights and therelated international interest.Article 36Assignee’s priority with respect to associatedrights1. The assignee <strong>of</strong> associated rights andthe related international interest whoseassignment has been registered only has priorityunder Article 35(1) over another assignee <strong>of</strong>the associated rights:(a) if the contract under which the associatedrights arise states that they are secured byor associated with the object; and(b) to the extent that the associated rightsare related to an object.2. For the purposes <strong>of</strong> sub-paragraph (b)<strong>of</strong> the preceding paragraph, associated rightsare related to an object only to the extent thatthey consist <strong>of</strong> rights to payment or performancethat relate to:(a) a sum advanced and utilised for thepurchase <strong>of</strong> the object;(b) a sum advanced and utilised for thepurchase <strong>of</strong> another object in which theassignor held another internationalinterest if the assignor transferred thatinterest to the assignee and theassignment has been registered;(c) the price payable for the object;(d) the rentals payable in respect <strong>of</strong> theobject; or(e) other obligations arising from atransaction referred to in any <strong>of</strong> thepreceding sub-paragraphs.3. In all other cases, the priority <strong>of</strong> thecompeting assignments <strong>of</strong> the associated rightsshall be determined by the applicable law.
Article 37Effects <strong>of</strong> assignor’s insolvencyThe provisions <strong>of</strong> Article 30 apply toinsolvency proceedings against the assignoras if references to the debtor were referencesto the assignor.Article 38Subrogation1. Subject to paragraph 2, nothing in thisConvention affects the acquisition <strong>of</strong> associatedrights and the related international interest bylegal or contractual subrogation under theapplicable law.2. The priority between any interest withinthe preceding paragraph and a competinginterest may be varied by agreement in writingbetween the holders <strong>of</strong> the respective interestsbut an assignee <strong>of</strong> a subordinated interest isnot bound by an agreement to subordinate thatinterest unless at the time <strong>of</strong> the assignment asubordination had been registered relating tothat agreement.CHAPTER XRIGHTS OR INTERESTSSUBJECT TO DECLARATIONSBY CONTRACTING STATESArticle 39Rights having priority without registration1. A Contracting State may at any time ina declaration deposited with the Depositary <strong>of</strong>the Protocol declare, generally or specifically:(a) those categories <strong>of</strong> non-consensual rightor interest (other than a right or interestto which Article 40 applies) which underthat State’s law have priority over aninterest in an object equivalent to that <strong>of</strong>the holder <strong>of</strong> a registered internationalinterest and which shall have priority overa registered international interest, whetherin or outside insolvency proceedings; and(b) that nothing in this Convention shallaffect the right <strong>of</strong> a State or State entity,intergovernmental organisation or other196CHAP. XXII THE CAPE TOWN CONVENTION, 2001private provider <strong>of</strong> public services toarrest or detain an object under the laws<strong>of</strong> that State for payment <strong>of</strong> amountsowed to such entity, organisation orprovider directly relating to thoseservices in respect <strong>of</strong> that obj ect oranother object.2. A declaration made under the precedingparagraph may be expressed to cover categoriesthat are created after the deposit <strong>of</strong> thatdeclaration.3. A non-consensual right or interest haspriority over an international interest if andonly if the former is <strong>of</strong> a category covered by adeclaration deposited prior to the registration<strong>of</strong> the international interest.4. Notwithstanding the precedingparagraph, a Contracting State may, at the time<strong>of</strong> ratification, acceptance, approval <strong>of</strong>, oraccession to the Protocol, declare that a rightor interest <strong>of</strong> a category covered by a declarationmade under sub-paragraph (a) <strong>of</strong> paragraph 1shall have priority over an international interestregistered prior to the date <strong>of</strong> such ratification,acceptance, approval or accession.Article 40Registrable non-consensual rights or interestsA Contracting State may at any time in adeclaration deposited with the Depositary <strong>of</strong>the Protocol list the categories <strong>of</strong> nonconsensualright or interest which shall beregistrable under this Convention as regardsany category <strong>of</strong> object as if the right or interestwere an international interest and shall beregulated accordingly. Such a declaration maybe modified from time to time.CHAPTER XIAPPLICATION OF THECONVENTION TO SALESArticle 41Sale and prospective saleThis Convention shall apply to the sale orprospective sale <strong>of</strong> an object as provided for inthe Protocol with any modifications therein.
CHAPTER XIIJURISDICTIONArticle 42Choice <strong>of</strong> forum1. Subject to Articles 43 and 44, the courts<strong>of</strong> a Contracting State chosen by the parties toa transaction have jurisdiction in respect <strong>of</strong>any claim brought under this Convention,whether or not the chosen forum has aconnection with the parties or the transaction.Such jurisdiction shall be exclusive unlessotherwise agreed between the parties.2. Any such agreement shall be in writingor otherwise concluded in accordance with theformal requirements <strong>of</strong> the law <strong>of</strong> the chosenforum.Article 43Jurisdiction under Article 131. The courts <strong>of</strong> a Contracting State chosenby the parties and the courts <strong>of</strong> the ContractingState on the territory <strong>of</strong> which the object issituated have jurisdiction to grant relief underArticle 13(l)(a), (b), (c) and Article 13(4) inrespect <strong>of</strong> that object.2. Jurisdiction to grant relief under Article13(l)(d) or other interim relief by virtue <strong>of</strong>Article 13(4) may be exercised either:(a) by the courts chosen by the parties; or(b) by the courts <strong>of</strong> a Contracting State onthe territory <strong>of</strong> which the debtor issituated, being relief which, by the terms<strong>of</strong> the order granting it, is enforceableonly in the territory <strong>of</strong> that ContractingState.3. A court has jurisdiction under thepreceding paragraphs even if the finaldetermination <strong>of</strong> the claim referred to in Article13(1) will or may take place in a court <strong>of</strong>another Contracting State or by arbitration.Article 44Jurisdiction to make orders against the Registrar1. The courts <strong>of</strong> the place in which theRegistrar has its centre <strong>of</strong> administration shall197CAPE TOWN CONVENTION, 2001CHAP. XXIIhave exclusive jurisdiction to award damagesor make orders against the Registrar.2. Where a person fails to respond to ademand made under Article 25 and that personhas ceased to exist or cannot be found for thepurpose <strong>of</strong> enabling an order to be made againstit requiring it to procure discharge <strong>of</strong> theregistration, the courts referred to in thepreceding paragraph shall have exclusivejurisdiction, on the application <strong>of</strong> the debtor orintending debtor, to make an order directed tothe Registrar requiring the Registrar todischarge the registration.3. Where a person fails to comply with anorder <strong>of</strong> a court having jurisdiction under thisConvention or, in the case <strong>of</strong> a national interest,an order <strong>of</strong> a court <strong>of</strong> competent jurisdictionrequiring that person to procure the amendmentor discharge <strong>of</strong> a registration, the courts referredto in paragraph 1 may direct the Registrar totake such steps as will give effect to that order.4. Except as otherwise provided by thepreceding paragraphs, no court may makeorders or give judgments or rulings against orpurporting to bind the Registrar.Article 45Jurisdiction in respect <strong>of</strong> insolvency proceedingsThe provisions <strong>of</strong> this Chapter are notapplicable to insolvency proceedings.CHAPTER XIIIRELATIONSHIP WITH OTHERCONVENTIONSArticle 45 bisRelationship with the United NationsConvention on the Assignment <strong>of</strong> Receivablesin International TradeThis Convention shall prevail over theUnited Nations Convention on the Assignment<strong>of</strong> Receivables in International Trade, openedfor signature in New York on 12 December2001, as it relates to the assignment <strong>of</strong>receivables which are associated rights relatedto international interests in aircraft objects,railway rolling stock and space assets.
Article 46Relationship with the UNIDROIT Conventionon International Financial LeasingThe Protocol may determine the relationshipbetween this Convention and the UNIDROITConvention on International Financial Leasing,signed at Ottawa on 28 May 1988,CHAPTER XIVFINAL PROVISIONSArticle 47Signature, ratification, acceptance, approvalor accession1. This Convention shall be open forsignature in Cape Town on 16 November 2001by States participating in the DiplomaticConference to Adopt a Mobile EquipmentConvention and an Aircraft Protocol held atCape Town from 29 October to 16 November2001. After 16 November 2001, the Conventionshall be open to all States for signature at theHeadquarters <strong>of</strong> the International Institute forthe Unification <strong>of</strong> Private Law (UNIDROIT)in Rome until it enters into force in accordancewith Article 49.2. This Convention shall be subject toratification, acceptance or approval by Stateswhich have signed it.3. Any State which does not sign thisConvention may accede to it at any time.4. Ratification, acceptance, approval oraccession is effected by the deposit <strong>of</strong> a formalinstrument to that effect with the Depositary.Article 48Regional Economic Integration Organisations1. A Regional Economic IntegrationOrganisation which is constituted by sovereignStates and has competence over certain mattersgoverned by this Convention may similarly sign,accept, approve or accede to this Convention.The Regional Economic Integration Organisationshall in that case have the rights and obligations<strong>of</strong> a Contracting State, to the extent that thatOrganisation has competence over matters198CHAP. XXII THE CAPE TOWN CONVENTION, 2001governed by this Convention. Where the number<strong>of</strong> Contracting States is relevant in thisConvention, the Regional Economic IntegrationOrganisation shall not count as a ContractingState in addition to its Member States which areContracting States.2. The Regional Economic IntegrationOrganisation shall, at the time <strong>of</strong> signature,acceptance, approval or accession, make adeclaration to the Depositary specifying thematters governed by this Convention in respect<strong>of</strong> which competence has been transferred tothat Organisation by its Member States. TheRegional Economic Integration Organisationshall promptly notify the Depositary <strong>of</strong> anychanges to the distribution <strong>of</strong> competence,including new transfers <strong>of</strong> competence, specifiedin the declaration under this paragraph.3. Any reference to a “Contracting State”or “Contracting States” or “State Party” or“States Parties” in this Convention appliesequally to a Regional Economic IntegrationOrganisation where the context so requires.Article 49Entry into force1. This Convention enters into force onthe first day <strong>of</strong> the month following theexpiration <strong>of</strong> three months after the date <strong>of</strong> thedeposit <strong>of</strong> the third instrument <strong>of</strong> ratification,acceptance, approval or accession but only asregards a category <strong>of</strong> objects to which a Protocolapplies:(a) as from the time <strong>of</strong> entry into force <strong>of</strong>that Protocol;(b) subject to the terms <strong>of</strong> that Protocol;and(c) as between States Parties to thisConvention and that Protocol.2. For other States this Convention entersinto force on the first day <strong>of</strong> the month followingthe expiration <strong>of</strong> three months after the date <strong>of</strong>the deposit <strong>of</strong> their instrument <strong>of</strong> ratification,acceptance, approval or accession but only asregards a category <strong>of</strong> objects to which a Protocolapplies and subject, in relation to such Protocol,
199THE CAPE TOWN CONVENTION, 2001CHAP. XXIIto the requirements <strong>of</strong> sub-paragraphs (a), (b)and (c) <strong>of</strong> the preceding paragraph.Article 50Internal transactions1. A Contracting State may, at the time <strong>of</strong>ratification, acceptance, approval <strong>of</strong>, oraccession to the Protocol, declare that thisConvention shall not apply to a transactionwhich is an internal transaction in relation tothat State with regard to all types <strong>of</strong> objects orsome <strong>of</strong> them.2. Notwithstanding the precedingparagraph, the provisions <strong>of</strong> Articles 8(4), 9(1),16, Chapter V, Article 29, and any provisions<strong>of</strong> this Convention relating to registeredinterests shall apply to an internal transaction.3. Where notice <strong>of</strong> a national interest hasbeen registered in the International Registry,the priority <strong>of</strong> the holder <strong>of</strong> that interest underArticle 29 shall not be affected by the fact thatsuch interest has become vested in anotherperson by assignment or subrogation underthe applicable law.Article 51Future Protocols1. The Depositary may create workinggroups, in co-operation with such relevant nongovernmentalorganisations as the Depositaryconsiders appropriate, to assess the feasibility<strong>of</strong> extending the application <strong>of</strong> this Convention,through one or more Protocols, to objects <strong>of</strong>any category <strong>of</strong> high-value mobile equipment,other than a category referred to in Article2(3), each member <strong>of</strong> which is uniquelyidentifiable, and associated rights relating tosuch objects.2. The Depositary shall communicate thetext <strong>of</strong> any preliminary draft Protocol relatingto a category <strong>of</strong> objects prepared by such aworking group to all States Parties to thisConvention, all member States <strong>of</strong> theDepositary, member States <strong>of</strong> the UnitedNations which are not members <strong>of</strong> theDepositary and the relevant intergovernmentalorganisations, and shall invite such States andorganisations to participate in intergovernmentalnegotiations for the completion<strong>of</strong> a draft Protocol on the basis <strong>of</strong> such apreliminary draft Protocol.3. The Depositary shall also communicatethe text <strong>of</strong> any preliminary draft Protocolprepared by such a working group to suchrelevant non-governmental organisations as theDepositary considers appropriate. Such nongovernmentalorganisations shall be invitedpromptly to submit comments on the text <strong>of</strong>the preliminary draft Protocol to the Depositaryand to participate as observers in thepreparation <strong>of</strong> a draft Protocol.4. When the competent bodies <strong>of</strong> theDepositary adjudge such a draft Protocol ripefor adoption, the Depositary shall convene adiplomatic conference for its adoption.5. Once such a Protocol has been adopted,subject to paragraph 6, this Convention shallapply to the category <strong>of</strong> objects covered thereby.6. Article 45 bis <strong>of</strong> this Convention appliesto such a Protocol only if specifically providedfor in that Protocol.Article 52Territorial units1. If a Contracting State has territorial unitsin which different systems <strong>of</strong> law are applicablein relation to the matters dealt with in thisConvention, it may, at the time <strong>of</strong> ratification,acceptance, approval or accession, declare thatthis Convention is to extend to all its territorialunits or only to one or more <strong>of</strong> them and maymodify its declaration by submitting anotherdeclaration at any time.2. Any such declaration shall stateexpressly the territorial units to which thisConvention applies.3. If a Contracting State has not made anydeclaration under paragraph 1, this Conventionshall apply to all territorial units <strong>of</strong> that State.4. Where a Contracting State extends thisConvention to one or more <strong>of</strong> its territorial units,declarations permitted under this Conventionmay be made in respect <strong>of</strong> each such territorial
200CHAP. XXII THE CAPE TOWN CONVENTION, 2001unit, and the declarations made in respect <strong>of</strong> oneterritorial unit may be different from those madein respect <strong>of</strong> another territorial unit.5. If by virtue <strong>of</strong> a declaration underparagraph 1, this Convention extends to one ormore territorial units <strong>of</strong> a Contracting State:(a) the debtor is considered to be situatedin a Contracting State only if it isincorporated or formed under a law inforce in a territorial unit to which thisConvention applies or if it has itsregistered <strong>of</strong>fice or statutory seat, centre<strong>of</strong> administration, place <strong>of</strong> business orhabitual residence in a territorial unit towhich this Convention applies;(b) any reference to the location <strong>of</strong> the objectin a Contracting State refers to thelocation <strong>of</strong> the object in a territorialunit to which this Convention applies;and(c) any reference to the administrativeauthorities in that Contracting State shallbe construed as referring to theadministrative authorities havingjurisdiction in a territorial unit to whichthis Convention applies.Article 53Determination <strong>of</strong> courtsA Contracting State may, at the time <strong>of</strong>ratification, acceptance, approval <strong>of</strong>, oraccession to the Protocol, declare the relevant“court” or “courts” for the purposes <strong>of</strong> Article1 and Chapter XII <strong>of</strong> this Convention.Article 54Declarations regarding remedies1. A Contracting State may, at the time <strong>of</strong>ratification, acceptance, approval <strong>of</strong>, oraccession to the Protocol, declare that whilethe charged object is situated within, orcontrolled from its territory the chargee shallnot grant a lease <strong>of</strong> the object in that territory.2. A Contracting State shall, at the time <strong>of</strong>ratification, acceptance, approval <strong>of</strong>, or accessionto the Protocol, declare whether or not any remedyavailable to the creditor under any provision <strong>of</strong>this Convention which is not there expressed torequire application to the court may be exercisedonly with leave <strong>of</strong> the court.Article 55Declarations regarding relief pending finaldeterminationA Contracting State may, at the time <strong>of</strong>ratification, acceptance, approval <strong>of</strong>, oraccession to the Protocol, declare that it willnot apply the provisions <strong>of</strong> Article 13 or Article43, or both, wholly or in part. The declarationshall specify under which conditions therelevant .Article will be applied, in case it willbe applied partly, or otherwise which otherforms <strong>of</strong> interim relief will be applied.Article 56Reservations and declarations1. No reservations may be made to thisConvention but declarations authorised byArticles 39,40, 50, 52, 53, 54, 55, 57, 58 and60 may be made in accordance with theseprovisions.2. Any declaration or subsequentdeclaration or any withdrawal <strong>of</strong> a declarationmade under this Convention shall be notifiedin writing to the Depositary.Article 57Subsequent declarations1. A State Party may make a subsequentdeclaration, other than a declaration authorisedunder Article 60, at any time after the date onwhich this Convention has entered into forcefor it, by notifying the Depositary to that effect.2. Any such subsequent declaration shalltake effect on the first day <strong>of</strong> the monthfollowing the expiration <strong>of</strong> six months afterthe date <strong>of</strong> receipt <strong>of</strong> the notification by theDepositary. Where a longer period for thatdeclaration to take effect is specified in thenotification, it shall take effect upon theexpiration <strong>of</strong> such longer period after receipt<strong>of</strong> the notification by the Depositary.
201CAPE TOWN CONVENTION, 2001CHAP. XXII3. Notwithstanding the previousparagraphs, this Convention shall continue toapply, as if no such subsequent declarationshad been made, in respect <strong>of</strong> all rights andinterests arising prior to the effective date <strong>of</strong>any such subsequent declaration.Article 58Withdrawal <strong>of</strong> declarations1. Any State Party having made adeclaration under this Convention, other thana declaration authorised under Article 60, maywithdraw it at any time by notifying theDepositary. Such withdrawal is to take effecton the first day <strong>of</strong> the month following theexpiration <strong>of</strong> six months after the date <strong>of</strong> receipt<strong>of</strong> the notification by the Depositary.2. Notwithstanding the previousparagraph, this Convention shall continue toapply, as if no such withdrawal <strong>of</strong> declarationhad been made, in respect <strong>of</strong> all rights andinterests arising prior to the effective date <strong>of</strong>any such withdrawal.Article 59Denunciations1. Any State Party may denounce thisConvention by notification in writing to theDepositary.2. Any such denunciation shall take effecton the first day <strong>of</strong> the month following theexpiration <strong>of</strong> twelve months after the date onwhich notification is received by the Depositary.3. Notwithstanding the previous paragraphs,this Convention shall continue to apply, as if nosuch denunciation had been made, in respect <strong>of</strong>all rights and interests arising prior to the effectivedate <strong>of</strong> any such denunciation.Article 60Transitional provisions1. Unless otherwise declared by a ContractingState at any time, the Convention does notapply to a pre-existing right or interest, whichretains the priority it enjoyed under the applicablelaw before the effective date <strong>of</strong> this Convention.2. For the purposes <strong>of</strong> Article 1(v) and <strong>of</strong>determining priority under this Convention:(a) “effective date <strong>of</strong> this Convention”means in relation to a debtor the timewhen this Convention enters into forceor the time when the State in which thedebtor is situated becomes a ContractingState, whichever is the later; and(b) the debtor is situated in a State where ithas its centre <strong>of</strong> administration or, if ithas no centre <strong>of</strong> administration, its place<strong>of</strong> business or, if it has more than oneplace <strong>of</strong> business, its principal place <strong>of</strong>business or, if it has no place <strong>of</strong> business,its habitual residence.3. A Contracting State may in itsdeclaration under paragraph 1 specify a date,not earlier than three years after the date onwhich the declaration becomes effective, whenthis Convention and the Protocol will becomeapplicable, for the purpose <strong>of</strong> determiningpriority, including the protection <strong>of</strong> any existingpriority, to pre-existing rights or interestsarising under an agreement made at a timewhen the debtor was situated in a State referredto in sub-paragraph (b) <strong>of</strong> the precedingparagraph but only to the extent and in themanner specified in its declaration.Article 61Review Conferences, amendments and relatedmatters1. The Depositary shall prepare reportsyearly or at such other time as the circumstancesmay require for the States Parties as to the mannerin which the international regimen establishedin this Convention has operated in practice. Inpreparing such reports, the Depositary shall takeinto account the reports <strong>of</strong> the SupervisoryAuthority concerning the functioning <strong>of</strong> theinternational registration system.2. At the request <strong>of</strong> not less than twentyfiveper cent <strong>of</strong> the States Parties, ReviewConferences <strong>of</strong> States Parties shall be convenedfrom time to time by the Depositary, inconsultation with the Supervisory Authority,to consider:
202CHAP. XXII CAPE TOWN CONVENTION, 2001(a) the practical operation <strong>of</strong> this Conventionand its effectiveness in facilitating theasset-based financing and leasing <strong>of</strong> theobjects covered by its terms;(b) the judicial interpretation given to, andthe application made <strong>of</strong> the terms <strong>of</strong> thisConvention and the regulations;(c) the functioning <strong>of</strong> the internationalregistration system, the performance <strong>of</strong>the Registrar and its oversight by theSupervisory Authority, taking into accountthe reports <strong>of</strong> the Supervisory Authority;and(d) whether any modifications to thisConvention or the arrangements relatingto the International Registry are desirable.3. Subject to paragraph 4, any amendmentto this Convention shall be approved by atleast a two-thirds majority <strong>of</strong> States Partiesparticipating in the Conference referred to inthe preceding paragraph and shall then enterinto force in respect <strong>of</strong> States which haveratified, accepted or approved such amendmentwhen ratified, accepted, or approved by threeStates in accordance with the provisions <strong>of</strong>Article 49 relating to its entry into force.4. Where the proposed amendment to thisConvention is intended to apply to more thanone category <strong>of</strong> equipment, such amendmentshall also be approved by at least a two-thirdsmajority <strong>of</strong> States Parties to each Protocol thatare participating in the Conference referred toin paragraph 2.Article 62Depositary and its functions1. Instruments <strong>of</strong> ratification, acceptance,approval or accession shall be deposited withthe International Institute for the Unification<strong>of</strong> Private Law (UNIDROIT), which is herebydesignated the Depositary.2. The Depositary shall :(a) inform all Contracting States <strong>of</strong>:(i) each new signature or deposit <strong>of</strong> aninstrument <strong>of</strong> ratification,acceptance, approval or accession,together with the date there<strong>of</strong>;(ii) the date <strong>of</strong> entry into force <strong>of</strong> thisConvention;(iii) each declaration made inaccordance with this Convention,together with the date there<strong>of</strong>;(iv) the withdrawal or amendment <strong>of</strong> anydeclaration, together with the datethere<strong>of</strong>; and(v) the notification <strong>of</strong> any denunciation<strong>of</strong> this Convention together withthe date there<strong>of</strong> and the date onwhich it takes effect;(b) transmit certified true copies <strong>of</strong> thisConvention to all Contracting States;(c) provide the Supervisory Authority andthe Registrar with a copy <strong>of</strong> eachinstrument <strong>of</strong> ratification, acceptance,approval or accession, together with thedate <strong>of</strong> deposit there<strong>of</strong>, <strong>of</strong> eachdeclaration or withdrawal or amendment<strong>of</strong> a declaration and <strong>of</strong> each notification<strong>of</strong> denunciation, together with the date<strong>of</strong> notification there<strong>of</strong>, so that theinformation contained therein is easilyand fully available; and(d) perform such other functions customaryfor depositaries.IN WITNESS WHEREOF the undersignedPlenipotentiaries, having been duly authorised,have signed this Convention.DONE at Cape Town, this sixteenth day <strong>of</strong>November, two thousand and one, in a singleoriginal in the English, Arabic, Chinese, French,Russian and Spanish languages, all texts beingequally authentic, such authenticity to takeeffect upon verification by the Joint Secretariat<strong>of</strong> the Conference under the authority <strong>of</strong> thePresident <strong>of</strong> the Conference within ninety dayshere<strong>of</strong> as to the conformity <strong>of</strong> the texts withone another.
203CHAPTER XXIIIPROTOCOL TO THE CONVENTION ON INTERNATIONALINTERESTS IN MOBILE EQUIPMENT ON MATTERSSPECIFIC TO <strong>AIRCRAFT</strong> EQUIPMENT(THE CAPE TOWN PROTOCOL, 2001)
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205THE CAPE TOWN PROTOCOL, 2001CHAP. XXIIITHE STATES PARTIES TO THISPROTOCOLCONSIDERING it necessary to implementthe Convention on International Interests inMobile Equipment (hereinafter referred to asthe Convention) as it relates to aircraftequipment, in the light <strong>of</strong> the purposes set outin the preamble to the Convention,MINDFUL <strong>of</strong> the need to adapt theConvention to meet the particular requirements<strong>of</strong> aircraft finance and to extend the sphere <strong>of</strong>application <strong>of</strong> the Convention to includecontracts <strong>of</strong> sale <strong>of</strong> aircraft equipment,MINDFUL <strong>of</strong> the principles and objectives<strong>of</strong> the Convention on International <strong>Civil</strong><strong>Aviation</strong>, signed at Chicago on 7 December1944,HAVE AGREED upon the followingprovisions relating to aircraft equipment:CHAPTER ISPHERE OF APPLICATIONAND GENERAL PROVISIONSDefined termsArticle I1. In this Protocol, except where thecontext otherwise requires, terms used in ithave the meanings set out in the Convention.2. In this Protocol the following terms areemployed with the meanings set out below:CHAPTER XXIIIPROTOCOL TO THE CONVENTION ON INTERNATIONALINTERESTS IN MOBILE EQUIPMENT ON MATTERSSPECIFIC TO <strong>AIRCRAFT</strong> EQUIPMENT(THE CAPE TOWN PROTOCOL, 2001)* Has not entered into force.Requires 8 ratifications to enter into forceIndia has not ratified it.(a) “aircraft” means aircraft as defined forthe purposes <strong>of</strong> the Chicago Conventionwhich are either airframes with aircraftengines installed thereon or helicopters;(b) “aircraft engines” means aircraft engines(other than those used in military,customs or police services) powered byjet propulsion or turbine or pistontechnology and:(i) in the case <strong>of</strong> jet propulsion aircraftengines, have at least 1750 lb <strong>of</strong>thrust or its equivalent; and(ii) in the case <strong>of</strong> turbine-powered orpiston-powered aircraft engines,have at least 550 rated take-<strong>of</strong>f shafthorsepower or its equivalent,together with all modules and otherinstalled, incorporated or attachedaccessories, parts and equipment andall data, manuals and records relatingthereto;(c) “aircraft objects” means airframes,aircraft engines and helicopters;(d) “aircraft register” means a registermaintained by a State or a commonmark registering authority for thepurposes <strong>of</strong> the Chicago Convention;(e) “airframes” means airframes (other thanthose used in military, customs or policeservices) that, when appropriate aircraftengines are installed thereon, are type
206CHAP. XXIII THE CAPE TOWN PROTOCOL, 2001certified by the competent aviationauthority to transport:(i) at least eight (8) persons includingcrew; or(ii) goods in excess <strong>of</strong> 2750 kilograms,together with all installed, incorporatedor attached accessories, parts andequipment (other than aircraft engines),and all data, manuals and recordsrelating thereto;(f) “authorised party” means the partyreferred to in Article XIII(3);(g) “Chicago Convention” means theConvention on International <strong>Civil</strong><strong>Aviation</strong>, signed at Chicago on 7December 1944, as amended, and itsannexes;(h) “common mark registering authority”means the authority maintaining aregister in accordance with Article 77<strong>of</strong> the Chicago Convention asimplemented by the Resolution adoptedon 14 December 1967 by the Council <strong>of</strong>the International <strong>Civil</strong> <strong>Aviation</strong>Organization on nationality andregistration <strong>of</strong> aircraft operated byinternational operating agencies;(i) “de-registration <strong>of</strong> the aircraft” meansdeletion or removal <strong>of</strong> the registration<strong>of</strong> the aircraft from its aircraft registerin accordance with the ChicagoConvention;(j) “guarantee contract” means a contractentered into by a person as guarantor;(k) “guarantor” means a person who, forthe purpose <strong>of</strong> assuring performance <strong>of</strong>any obligations in favour <strong>of</strong> a creditorsecured by a security agreement or underan agreement, gives or issues asuretyship or demand guarantee or astandby letter <strong>of</strong> credit or any otherform <strong>of</strong> credit insurance;(l) “helicopters” means heavier-than-airmachines (other than those used inmilitary, customs or police services)supported in flight chiefly by thereactions <strong>of</strong> the air on one or morepower-driven rotors on substantiallyvertical axes and which are type certifiedby the competent aviation authority totransport:(i) at least five (5) persons includingcrew; or(ii) goods in excess <strong>of</strong> 450 kilograms,together with all installed, incorporatedor attached accessories, parts andequipment (including rotors), and alldata, manuals and records relatingthereto;(m) “insolvency-related event” means:(i) the commencement <strong>of</strong> theinsolvency proceedings; or(ii) the declared intention to suspendor actual suspension <strong>of</strong> paymentsby the debtor where the creditor’sright to institute insolvencyproceedings against the debtor orto exercise remedies under theConvention is prevented orsuspended by law or State action;(n) “primary insolvency jurisdiction” meansthe Contracting State in which the centre<strong>of</strong> the debtor’s main interests is situated,which for this purpose shall be deemedto be the place <strong>of</strong> the debtor’s statutoryseat or, if there is none, the place wherethe debtor is incorporated or formed,unless proved otherwise;(o) “registry authority” means the nationalauthority or the common markregistering authority, maintaining anaircraft register in a Contracting Stateand responsible for the registration andde-registration <strong>of</strong> an aircraft inaccordance with the ChicagoConvention; and(p) “State <strong>of</strong> registry” means, in respect <strong>of</strong>an aircraft, the State on the national
egister <strong>of</strong> which an aircraft is enteredor the State <strong>of</strong> location <strong>of</strong> the commonmark registering authority maintainingthe aircraft register.Article IIApplication <strong>of</strong> Convention as regards aircraftobjects1. The Convention shall apply in relationto aircraft objects as provided by the terms <strong>of</strong>this Protocol.2. The Convention and this Protocol shallbe known as the Convention on InternationalInterests in Mobile Equipment as applied toaircraft objects.Article IIIApplication <strong>of</strong> Convention to salesThe following provisions <strong>of</strong> the Conventionapply as if references to an agreement creatingor providing for an international interest werereferences to a contract <strong>of</strong> sale and as ifreferences to an international interest, aprospective international interest, the debtorand the creditor were references to a sale, aprospective sale, the seller and the buyerrespectively:Articles 3 and 4;Article 16(1)(a);Article 19(4);Article 20(1) (as regards registration <strong>of</strong>a contract <strong>of</strong> sale or a prospective sale);Article 25(2) (as regards a prospectivesale); andArticle 30.In addition, the general provisions <strong>of</strong> Article1, Article 5, Chapters IV to VII, Article 29(other than Article 29(3) which is replaced byArticle XIV(l)), Chapter X, Chapter XII (otherthan Article 43), Chapter XIII and ChapterXIV (other than Article 60) shall apply tocontracts <strong>of</strong> sale and prospective sales.207THE CAPE TOWN PROTOCOL, 2001Sphere <strong>of</strong> applicationArticle IV1. Without prejudice to Article 3(1) <strong>of</strong> theConvention, the Convention shall also applyin relation to a helicopter, or to an airframepertaining to an aircraft, registered in an aircraftregister <strong>of</strong> a Contracting State which is theState <strong>of</strong> registry, and where such registrationis made pursuant to an agreement forregistration <strong>of</strong> the aircraft it is deemed to havebeen effected at the time <strong>of</strong> the agreement.2. For the purposes <strong>of</strong> the definition <strong>of</strong>“internal transaction” in Article 1 <strong>of</strong> theConvention:(a) an airframe is located in the State <strong>of</strong>registry <strong>of</strong> the aircraft <strong>of</strong> which it is apart:(b) an aircraft engine is located in the State<strong>of</strong> registry <strong>of</strong> the aircraft on which it isinstalled or, if it is not installed on anaircraft, where it is physically located;and(c) a helicopter is located in its State <strong>of</strong>registry, at the time <strong>of</strong> the conclusion <strong>of</strong>the agreement creating or providing forthe interest.3. The parties may, by agreement inwriting, exclude the application <strong>of</strong> Article XIand, in their relations with each other, derogatefrom or vary the effect <strong>of</strong> any <strong>of</strong> the provisions<strong>of</strong> this Protocol except Article IX (2)-(4).Article VFormalities, effects and registration <strong>of</strong>contracts <strong>of</strong> sale1. For the purposes <strong>of</strong> this Protocol, acontract <strong>of</strong> sale is one which:(a) is in writing;CHAP. XXIII(b) relates to an aircraft object <strong>of</strong> which theseller has power to dispose; and(c) enables the aircraft object to beidentified in conformity with thisProtocol.
2. A contract <strong>of</strong> sale transfers the interest<strong>of</strong> the seller in the aircraft object to the buyeraccording to its terms.3. Registration <strong>of</strong> a contract <strong>of</strong> sale remainseffective indefinitely. Registration <strong>of</strong> aprospective sale remains effective unlessdischarged or until expiry <strong>of</strong> the period, if any,specified in the registration.Article VIRepresentative capacitiesA person may enter into an agreement or asale, and register an international interest in,or a sale <strong>of</strong>, an aircraft object, in an agency,trust or other representative capacity. In suchcase, that person is entitled to assert rights andinterests under the Convention.Article VIIDescription <strong>of</strong> aircraft objectsA description <strong>of</strong> an aircraft object thatcontains its manufacturer’s serial number, thename <strong>of</strong> the manufacturer and its modeldesignation is necessary and sufficient toidentify the object for the purposes <strong>of</strong> Articles7(c) and 32(1 )(b) <strong>of</strong> the Convention and ArticleV(l)(c) <strong>of</strong> this Protocol.Choice <strong>of</strong> lawArticle VIII1 This Article applies only where aContracting State has made a declarationpursuant to Article XXX(l).2. The parties to an agreement, or a contract<strong>of</strong> sale, or a related guarantee contract orsubordination agreement may agree on the lawwhich is to govern their contractual rights andobligations under the Convention, wholly or inpart.3. Unless otherwise agreed, the referencein the preceding paragraph to the law chosenby the parties is to the domestic rules <strong>of</strong> law <strong>of</strong>the designated State or, where that Statecomprises several territorial units, to thedomestic law <strong>of</strong> the designated territorial unit.208CHAP. XXIII THE CAPE TOWN PROTOCOL, 2001CHAPTER IIDEFAULT REMEDIES,PRIORITIES ANDASSIGNMENTSArticle IXModification <strong>of</strong> default remedies provisions1. In addition to the remedies specified inChapter III <strong>of</strong> the Convention, the creditormay, to the extent that the debtor has at anytime so agreed and in the circumstancesspecified in that Chapter:(a) procure the de-registration <strong>of</strong> theaircraft; and(b) procure the export and physical transfer<strong>of</strong> the aircraft object from the territoryin which it is situated.2. The creditor shall not exercise theremedies specified in the preceding paragraphwithout the prior consent in writing <strong>of</strong> theholder <strong>of</strong> any registered interest ranking inpriority to that <strong>of</strong> the creditor.3. Article 8(3) <strong>of</strong> the Convention shall notapply to aircraft objects. Any remedy given bythe Convention in relation to an aircraft objectshall be exercised in a commercially reasonablemanner. A remedy shall be deemed to beexercised in a commercially reasonable mannerwhere it is exercised in conformity with aprovision <strong>of</strong> the agreement except where sucha provision is manifestly unreasonable.4. A chargee giving ten or more workingdays’ prior written notice <strong>of</strong> a proposed sale orlease to interested persons shall be deemed tosatisfy the requirement <strong>of</strong> providing“reasonable prior notice” specified in Article8(4) <strong>of</strong> the Convention. The foregoing shallnot prevent a chargee and a chargor or aguarantor from agreeing to a longer period <strong>of</strong>prior notice.5. The registry authority in a ContractingState shall, subject to any applicable safetylaws and regulations, honour a request for deregistrationand export if:
209THE CAPE TOWN PROTOCOL, 2001CHAP. XXIII(a) the request is properly submitted by theauthorised party under a recordedirrevocable de-registration and exportrequest authorisation; and(b) the authorised party certifies to the registryauthority, if required by that authority,that all registered interests ranking inpriority to that <strong>of</strong> the creditor in whosefavour the authorisation has been issuedhave been discharged or that the holders<strong>of</strong> such interests have consented to thede-registration and export.6. A chargee proposing to procure the deregistrationand export <strong>of</strong> an aircraft underparagraph I otherwise than pursuant to a courtorder shall give reasonable prior notice in writing<strong>of</strong> the proposed de-registration and export to:(a) interested persons specified in Article1(m)(i) and (ii) <strong>of</strong> the Convention; and(b) interested persons specified in Article1(m)(iii) <strong>of</strong> the Convention who havegiven notice <strong>of</strong> their rights to the chargeewithin a reasonable time prior to the deregistrationand export.Article XModification <strong>of</strong> provisions regarding reliefpending Final determination1. This Article applies only where aContracting State has made a declaration tothat effect under Article XXX(2) and to theextent stated in such declaration.2. For the purposes <strong>of</strong> Article 13(1) <strong>of</strong> theConvention, “speedy” in the context <strong>of</strong>obtaining relief means within such number <strong>of</strong>working days from the date <strong>of</strong> filing <strong>of</strong> theapplication for relief as is specified in adeclaration made by the Contracting State inwhich the application is made.3. Article 13(1) <strong>of</strong> the Convention applieswith the following being added immediatelyafter sub-paragraph (d):“(e) if at any time the debtor and thecreditor specifically agree, sale andapplication <strong>of</strong> proceeds therefrom”,and Article 43(2) applies with the insertionafter the words “Article 13(l)(d)” <strong>of</strong> the words“and (e)”.4. Ownership or any other interest <strong>of</strong> thedebtor passing on a sale under the precedingparagraph is free from any other interest overwhich the creditor’s international interest haspriority under the provisions <strong>of</strong> Article 29 <strong>of</strong>the Convention.5. The creditor and the debtor or any otherinterested person may agree in writing toexclude the application <strong>of</strong> Article 13(2) <strong>of</strong> theConvention.6. With regard to the remedies in ArticleIX(1):(a) they shall be made available by theregistry authority and otheradministrative authorities, as applicable,in a Contracting State no later than fiveworking days after the creditor notifiessuch authorities that the relief specifiedin Article LX(1) is granted or, in thecase <strong>of</strong> relief granted by a foreign court,recognised by a court <strong>of</strong> that ContractingState, and that the creditor is entitled toprocure those remedies in accordancewith this Convention; and(b) the applicable authorities shall expeditiouslyco-operate with and assist thecreditor in the exercise <strong>of</strong> such remediesin conformity with the applicableaviation safety laws and regulations.,7. Paragraphs 2 and 6 shall not affect anyapplicable aviation safety laws and regulations.Article XIRemedies on insolvency1. This Article applies only where aContracting State that is the primary insolvencyjurisdiction has made a declaration pursuantto Article XXX(3).Alternative A2. Upon the occurrence <strong>of</strong> an insolvencyrelatedevent, the insolvency administrator orthe debtor, as applicable, shall, subject to
210CHAP. XXIII THE CAPE TOWN PROTOCOL, 2001paragraph 7, give possession <strong>of</strong> the aircraftobject to the creditor no later than the earlier<strong>of</strong>:(a) the end <strong>of</strong> the waiting period; and(b) the date on which the creditor would beentitled to possession <strong>of</strong> the aircraftobject if this Article did not apply.3. For the purposes <strong>of</strong> this Article, the“waiting period” shall be the period specifiedin a declaration <strong>of</strong> the Contracting State whichis the primary insolvency jurisdiction.4. References in this Article to the“insolvency administrator” shall be to thatperson in its <strong>of</strong>ficial, not in its personal,capacity.5. Unless and until the creditor is giventhe opportunity to take possession underparagraph 2:(a) the insolvency administrator or the debtor,as applicable, shall preserve the aircraftobject and maintain it and its value inaccordance with the agreement; and(b) the creditor shall be entitled to apply forany other forms <strong>of</strong> interim reliefavailable under the applicable law.6. Sub-paragraph (a) <strong>of</strong> the precedingparagraph shall not preclude the use <strong>of</strong> theaircraft object under arrangements designed topreserve the aircraft object and maintain it andits value.7. The insolvency administrator or thedebtor, as applicable, may retain possession <strong>of</strong>the aircraft object where, by the time specifiedin paragraph 2, it has cured all defaults otherthan a default constituted by the opening <strong>of</strong>insolvency proceedings and has agreed toperform all future obligations under theagreement. A second waiting period shall notapply in respect <strong>of</strong> a default in the performance<strong>of</strong> such future obligations.8. With regard to the remedies in ArticleIX(1):(a) they shall be made available by theregistry authority and the administrativeauthorities in a Contracting State, asapplicable, no later than five workingdays after the date on which the creditornotifies such authorities that it is entitledto procure those remedies in accordancewith the Convention; and(b) the applicable authorities shallexpeditiously co-operate with and assistthe creditor in the exercise <strong>of</strong> suchremedies in conformity with theapplicable aviation safety laws andregulations.9. No exercise <strong>of</strong> remedies permitted bythe Convention or this Protocol may beprevented or delayed after the date specified inparagraph 2.10.No obligations <strong>of</strong> the debtor under theagreement may be modified without the consent<strong>of</strong> the creditor.11.Nothing in the preceding paragraph shallbe construed to affect the authority, if any, <strong>of</strong>the insolvency administrator under theapplicable law to terminate the agreement.12.No rights or interests, except for nonconsensualrights or interests <strong>of</strong> a categorycovered by a declaration pursuant to Article39(1), shall have priority in the insolvencyover registered interests.13.The Convention as modified by ArticleIX <strong>of</strong> this Protocol shall apply to the exercise<strong>of</strong> any remedies under this Article.Alternative B2. Upon the occurrence <strong>of</strong> an insolvencyrelatedevent, the insolvency administrator orthe debtor, as applicable, upon the request <strong>of</strong>the creditor, shall give notice to the creditorwithin the time specified in a declaration <strong>of</strong> aContracting State pursuant to Article XXX(3)whether it will:(a) cure all defaults other than a defaultconstituted by the opening <strong>of</strong> insolvencyproceedings and agree to perform allfuture obligations, under the agreementand related transaction documents; or
211THE CAPE TOWN PROTOCOL, 2001CHAP. XXIII(b) give the creditor the opportunity to takepossession <strong>of</strong> the aircraft object, inaccordance with the applicable law.3. The applicable law referred to in subparagraph(b) <strong>of</strong> the preceding paragraph maypermit the court to require tlic taking <strong>of</strong> anyadditional step or the provision <strong>of</strong> anyadditional guarantee.4. The creditor shall provide evidence <strong>of</strong>its claims and pro<strong>of</strong> that its international interesthas been registered.5. If the insolvency administrator or thedebtor, as applicable, does not give notice inconformity with paragraph 2, or when he hasdeclared that he will give the creditor theopportunity to take possession <strong>of</strong> the aircraftobject but fails to do so, the court may permit thecreditor to take possession <strong>of</strong> the aircraft objectupon such terms as the court may order and mayrequire the taking <strong>of</strong> any additional step or theprovision <strong>of</strong> any additional guarantee.6. The aircraft object shall not be soldpending a decision by a court regarding theclaim and the international interest.Article XIIInsolvency assistance1. This Article applies only where aContracting State has made a declarationpursuant to Article XXX(l).2. The courts <strong>of</strong> a Contracting State inwhich an aircraft object is situated shall, inaccordance with the law <strong>of</strong> the ContractingState, co-operate to the maximum extentpossible with foreign courts and foreigninsolvency administrators in carrying out theprovisions <strong>of</strong> Article XI.Article XIIIDe-registration and export requestauthorisation1. This Article applies only where aContracting State has made a declarationpursuant to Article XXX(l).2. Where the debtor has issued anirrevocable de-registration and export requestauthorisation substantially in the form annexedto this Protocol and has submitted suchauthorisation for recordation to the registryauthority, that authorisation shall be so recorded.3. The person in whose favour theauthorisation has been issued (the “authorisedparty”) or its certified designee shall be thesole person entitled to exercise the remediesspecified in Article IX(1) and may do so onlyin accordance with the authorisation andapplicable aviation safety laws and regulations.Such authorisation may not be revoked by thedebtor without the consent in writing <strong>of</strong> theauthorised party. The registry authority shallremove an authorisation from the registry atthe request <strong>of</strong> the authorised party.4. The registry authority and otheradministrative authorities in Contracting Statesshall expeditiously co-operate with and assistthe authorised party in the exercise <strong>of</strong> theremedies specified in Article IX.Article XIVModification <strong>of</strong> priority provisions1. A buyer <strong>of</strong> an aircraft object under aregistered sale acquires its interest in that objectfree from an interest subsequently registeredand from an unregistered interest, even if thebuyer has actual knowledge <strong>of</strong> the unregisteredinterest.2. A buyer <strong>of</strong> an aircraft object acquiresits interests in that object subject to an interestregistered at the time <strong>of</strong> its acquisition.3. Ownership <strong>of</strong> or another right or interestin an aircraft engine shall not be affected by itsinstallation on or removal from an aircraft.4. Article 29(6) <strong>of</strong> the Convention appliesto an item, other than an object, installed on anairframe, aircraft engine or helicopter.Article XVModification <strong>of</strong> assignment provisionsArticle 33(1) <strong>of</strong> the Convention applies asif the following were added immediately aftersub-paragraph (b):
212CHAP. XXIII THE CAPE TOWN PROTOCOL, 2001“(c) is consented to in writing by thedebtor, whether or not the consent isgiven in advance <strong>of</strong> the assignment oridentifies the assignee.”Article XVIDebtor provisions1. In the absence <strong>of</strong> a default within themeaning <strong>of</strong> Article 11 <strong>of</strong> the Convention, thedebtor shall be entitled to the quiet possessionand use <strong>of</strong> the object in accordance with theagreement as against:(a) its creditor and the holder <strong>of</strong> any interestfrom which the debtor takes freepursuant to Article 29(4) <strong>of</strong> theConvention or Article XIV(l) <strong>of</strong> thisProtocol, unless and to the extent thatthe debtor has otherwise agreed; and(b) the holder <strong>of</strong> any interest to which thedebtor’s right or interest is subjectpursuant to Article 29(4) <strong>of</strong> theConvention and Article XTV(l) <strong>of</strong> thisProtocol, but only to the extent, if any,that such holder has agreed.2. Nothing in the Convention or thisProtocol affects the liability <strong>of</strong> a creditor forany breach <strong>of</strong> the agreement under theapplicable law in so far as that agreementrelates to an aircraft object.CHAPTER IIIREGISTRY PROVISIONS RELATINGTO INTERNATIONAL INTERESTSIN <strong>AIRCRAFT</strong> OBJECTSArticle XVIIThe Supervisory Authority and the Registrar1. The Supervisory Authority shall be theinternational entity designated by a Resolutionadopted by the Diplomatic Conference to Adopta Mobile Equipment Convention and an AircraftProtocol.2. Where the international entity referredto in the preceding paragraph is not able andwilling to act as Supervisory Authority, aConference <strong>of</strong> Signatory and Contracting Statesshall be convened to designate anotherSupervisory Authority.3. The Supervisory Authority and its<strong>of</strong>ficers and employees shall enjoy suchimmunity from legal and administrative processas is provided under the rules applicable tothem as an international entity or otherwise.4. The Supervisory Authority may establisha commission <strong>of</strong> experts, from among personsnominated by Signatory and Contracting Statesand having the necessary qualifications andexperience, and entrust it with the task <strong>of</strong>assisting the Supervisory Authority in thedischarge <strong>of</strong> its functions.5. The first Registrar shall operate theInternational Registry for a period <strong>of</strong> five yearsfrom the date <strong>of</strong> entry into force <strong>of</strong> this Protocol.Thereafter, the Registrar shall be appointed orreappointed at regular five-yearly intervals bythe Supervisory Authority.Article XVIIIFirst regulationsThe first regulations shall be made by theSupervisory Authority so as to take effect uponthe entry into force <strong>of</strong> this Protocol.Article XIXDesignated entry points1. Subject to paragraph 2, a ContractingState may at any time designate an entity orentities in its territory as the entry point orentry points through which there shall or maybe transmitted to the International Registryinformation required for registration other thanregistration <strong>of</strong> a notice <strong>of</strong> a national interest ora right or interest under Article 40 in eithercase arising under the laws <strong>of</strong> another State.2. A designation made under paragraph 1may permit, but not compel, use <strong>of</strong> a designatedentry point or entry points for informationrequired for registrations in respect <strong>of</strong> aircraftengines.Article XXAdditional modifications to Registry provisions1. Fur the purposes <strong>of</strong> Article 19(6) <strong>of</strong> theConvention, the search criterion for an aircraft
213THE CAPE TOWN PROTOCOL, 2001CHAP. XXIIIobject shall be the name <strong>of</strong> its manufacturer,its manufacturer’s serial number and its modeldesignation, supplemented as necessary toensure uniqueness. Such supplementaryinformation shall be specified in the regulations.2. For the purposes <strong>of</strong> Article 25(2) <strong>of</strong> theConvention and in the circumstances theredescribed, the holder <strong>of</strong> a registered prospectiveinternational interest or a registered prospectiveassignment <strong>of</strong> an international interest shalltake such steps as are within its power toprocure the discharge <strong>of</strong> the registration nolater than five working days after the receipt <strong>of</strong>the demand described in such paragraph.3. The fees referred to in Article 17(2)(h) <strong>of</strong>the Convention shall be determined so as torecover the reasonable costs <strong>of</strong> establishing,operating and regulating the InternationalRegistry and the reasonable costs <strong>of</strong> tlicSupervisory Authority associated with theperformance <strong>of</strong> the functions, exercise <strong>of</strong> thepowers, and discharge <strong>of</strong> the duties contemplatedby Article 17(2) <strong>of</strong> the Convention.4. The centralised functions <strong>of</strong> theInternational Registry shall be operated andadministered by the Registrar on a twenty-fourhour basis. The various entry points shall beoperated at least during working hours in theirrespective territories.5. The amount <strong>of</strong> the insurance or financialguarantee referred to in Article 28(2) <strong>of</strong> theConvention shall, in respect <strong>of</strong> each event, notbe less than the maximum value <strong>of</strong> an aircraftobject as determined by the SupervisoryAuthority.6. Nothing in the Convention shallpreclude the Registrar from procuring insuranceor a financial guarantee covering events forwhich the Registrar is not liable under Article28 <strong>of</strong> the Convention.CHAPTER IVJURISDICTIONArticle XXIModification <strong>of</strong> jurisdiction provisionsFor the purposes <strong>of</strong> Article 43 <strong>of</strong> theConvention and subject to Article 42 <strong>of</strong> theConvention, a court <strong>of</strong> a Contracting State alsohas jurisdiction where the object is a helicopter,or an airframe pertaining to an aircraft, forwhich that State is the State <strong>of</strong> registry.Article XXIIWaivers <strong>of</strong> sovereign immunity1. Subject to paragraph 2, a waiver <strong>of</strong>sovereign immunity from jurisdiction <strong>of</strong> thecourts specified in Article 42 or Article 43 <strong>of</strong>the Convention or relating to enforcement <strong>of</strong>rights and interests relating to an aircraft objectunder the Convention shall be binding and, ifthe other conditions to such jurisdiction orenforcement have been satisfied, shall beeffective to confer jurisdiction and permitenforcement, as the case may be.2. A waiver under the preceding paragraphmust be in writing and contain a description <strong>of</strong>the aircraft object.CHAPTER VRELATIONSHIP WITH OTHERCONVENTIONSArticle XXIIIRelationship with the Convention on theInternational Recognition <strong>of</strong> Rights in AircraftThe Convention shall, for a ContractingState that is a party to the Convention on theInternational Recognition <strong>of</strong> Rights in Aircraft,signed at Geneva on 19 June 1948. supersedethat Convention as it relates to aircraft, asdefined in this Protocol, and to aircraft objects.However, with respect to rights or interests notcovered or affected by the present Convention,the Geneva Convention shall not be superseded.Article XXIVRelationship with the Convention/or theUnification <strong>of</strong> Certain Rules Relating to thePrecautionary Attachment <strong>of</strong> Aircraft1. The Convention shall, for a ContractingState that is a Party to the Convention for theUnification <strong>of</strong> Certain Rules Relating to (hePrecautionary’ Attachment <strong>of</strong> Aircraft, signedat Rome on 29 May 1933, supersede thatConvention as it relates to aircraft, as definedin this Protocol.
214CHAP. XXIII THE CAPE TOWN PROTOCOL, 20012. A Contracting State Party to the aboveConvention may declare, at the time <strong>of</strong>ratification, acceptance, approval <strong>of</strong>, oraccession to this Protocol, that it will not applythis Article.Article XXVRelationship with the UNIDROIT Conventionon International Financial LeasingThe Convention shall supersede theUNIDROIT Convention on InternationalFinancial Leasing as it relates to aircraft objects.CHAPTER VIFINAL PROVISIONSArticle XXVISignature, ratification, acceptance, approvalor accession1. This Protocol shall be open for signaturein Cape Town on 16 November 2001 by Statesparticipating in the Diplomatic Conference toAdopt a Mobile Equipment Convention and anAircraft Protocol held at Cape Town from 29October to 16 November 2001. After 16November 2001, the protocol shall he open to allStates for signature at the Headquarters <strong>of</strong> theInternational Institute for the Unification <strong>of</strong>Private Law (UNIDROIT) in Rome until it entersinto force in accordance with Article XXV111.2. This Protocol shall be subject toratification, acceptance or approval by Stateswhich have signed it.3. Any State which does not sign thisProtocol may accede to it at any time.4. Ratification, acceptance, approval oraccession is effected by the deposit <strong>of</strong> a formalinstrument to that effect with the Depositary.5. A State may not become a Party to thisProtocol unless it is or becomes also a Party tothe Convention.Article XXVIIRegional Economic Integration Organisations1. A Regional Economic IntegrationOrganisation which is constituted by sovereignStates and has competence over certain mattersgoverned by this Protocol may similarly sign,accept, approve or accede to this Protocol. TheRegional Economic Integration Organisationshall in that case have the rights and obligations<strong>of</strong> a Contracting State, to the extent that thatOrganisation has competence over mattersgoverned by this Protocol. Where the number <strong>of</strong>Contracting States is relevant in this Protocol,the Regional Economic Integration Organisationshall not count as a Contracting State in additionto its Member States which are Contracting States.2. The Regional Economic IntegrationOrganisation shall, at the time <strong>of</strong> signature,acceptance, approval or accession, make adeclaration to the Depositary specifying thematters governed by this Protocol in respect <strong>of</strong>which competence has been transferred to thatOrganisation by its Member States. The RegionalEconomic Integration Organisation shallpromptly notify the Depositary <strong>of</strong> any changes tothe distribution <strong>of</strong> competence, including newtransfers <strong>of</strong> competence, specified in thedeclaration under this paragraph.3. Any reference to a “Contracting State”or “Contracting States” or “State Party” or“States Parties” in this Protocol applies equallyto a Regional Economic IntegrationOrganisation where the context so requires.Article XXVIIIEntry into force1. This Protocol enters into force on thefirst day <strong>of</strong> the month following the expiration<strong>of</strong> three months after the date <strong>of</strong> the deposit <strong>of</strong>the eighth instrument <strong>of</strong> ratification,acceptance, approval or accession, betweenthe States which have deposited suchinstruments. 2. For other States this Protocolenters into force on the first day <strong>of</strong> the monthfollowing the expiration <strong>of</strong> three months afterthe date <strong>of</strong> the deposit <strong>of</strong> its instrument <strong>of</strong>ratification, acceptance, approval or accession.Article XXJXTerritorial units1. If a Contracting State has territorial unitsin which different systems <strong>of</strong> law are applicablein relation to the matters dealt with in this
215THE CAPE TOWN PROTOCOL, 2001CHAP. XXIIIProtocol, it may, at the time <strong>of</strong> ratification,acceptance, approval or accession, declare thatthis Protocol is to extend to all its territorialunits or only to one or more <strong>of</strong> them and maymodify its declaration by submitting anotherdeclaration at any time.2. Any such declaration shall stateexpressly the territorial units to which thisProtocol applies.3. If a Contracting State has not made anydeclaration under paragraph 1, this Protocolshall apply to all territorial units <strong>of</strong> that State.4. Where a Contracting State extends thisProtocol to one or more <strong>of</strong> its territorial units,declarations permitted under this Protocol maybe made in respect <strong>of</strong> each such territorial unit,and the declarations made in respect <strong>of</strong> oneterritorial unit may be different from thosemade in respect <strong>of</strong> another territorial unit.5. If by virtue <strong>of</strong> a declaration underparagraph 1, the Protocol extends to one ormore territorial units <strong>of</strong> a Contracting State:(a) the debtor is considered to be situatedin a Contracting State only if it isincorporated or formed under a law inforce in a territorial unit to which theConvention and Protocol apply or if ithas its registered <strong>of</strong>fice or statutory seat,centre <strong>of</strong> administration, place <strong>of</strong>business or habitual residence in aterritorial unit to which the Conventionand Protocol apply;(b) any reference to the location <strong>of</strong> the objectin a Contracting State refers to thelocation <strong>of</strong> the object in a territorialunit to which the Convention andProtocol apply; and(c) any reference to the administrativeauthorities in that Contracting State shallbe construed as referring to theadministrative authorities havingjurisdiction in a territorial unit to whichthe Convention and Protocol apply andany reference to the national registry or tothe registry authority in that ContractingState shall be construed as referring tothe aircraft registry in force or to theregistry authority having jurisdiction inthe territorial unit or units to which theConvention and Protocol apply.Article XXXDeclarations relating to certain provisions1. A Contracting State may, at the time <strong>of</strong>ratification, acceptance, approval <strong>of</strong>, oraccession to this Protocol, declare that it willapply any one or more <strong>of</strong> Articles VIII, XII andXIII <strong>of</strong> this Protocol.2. A Contracting State may, at the time <strong>of</strong>ratification, acceptance, approval <strong>of</strong>, or accessionto this Protocol, declare that it will apply ArticleX <strong>of</strong> this Protocol, wholly or in part. If it sodeclares with respect to Article X(2), it shallspecify the time-period required thereby.3. A Contracting State may, at the time <strong>of</strong>ratification, acceptance, approval <strong>of</strong>, or accessionto this Protocol, declare that it will apply theentirety <strong>of</strong> Alternative A, or the entirety <strong>of</strong>Alternative B <strong>of</strong> Article XI and. if so, shall specify(i.e. types <strong>of</strong> insolvency proceeding, if any, towhich it will apply Alternative A and the types <strong>of</strong>insolvency proceeding, if any, to which it willapply Alternative B. A Contracting State makinga declaration pursuant to this paragraph shallspecify the time-period required by Article XI.4. The courts <strong>of</strong> Contracting States shallapply Article XI in conformity with thedeclaration made by the Contracting Statewhich is the primary insolvency jurisdiction.5. A Contracting State may, at the time <strong>of</strong>ratification, acceptance, approval <strong>of</strong>, oraccession to the Protocol, declare that it willnot apply the provisions <strong>of</strong> Article XXI, whollyor in part. The declaration shall specify underwhich conditions the relevant Article will beapplied, in case it will be applied partly, orotherwise which other forms <strong>of</strong> interim reliefthat will be applied.Article XXXIDeclarations under the ConventionDeclarations made under the Convention,including those made under Articles 39,40, 50,
216CHAP. XXIII THE CAPE TOWN PROTOCOL, 200153, 54, 55, 57, 58 and 60 <strong>of</strong> the Convention,shall be deemed to have also been made underthis Protocol unless stated otherwise.Article XXXIIReservations and declarations1. No reservations may be made to thisProtocol but declarations authorised by ArticlesXXIX, XXX, XXXI, XXXIII and XXXIV maybe made in accordance with these provisions.2. Any declaration or subsequentdeclaration or any withdrawal <strong>of</strong> a declarationmade under this Protocol shall be notified inwriting to the Depositary.Article XXXIIISubsequent declarations1. A State Party may make a subsequentdeclaration, other than the declaration made inaccordance with Article XXXI under Article60 <strong>of</strong> the Convention, at any time after the dateon which this Protocol has entered into forcefor it, by notifying the Depositary to that effect.2. Any such subsequent declaration shalltake effect on the first day <strong>of</strong> the monthfollowing the expiration <strong>of</strong> six months afterthe date <strong>of</strong> receipt <strong>of</strong> the notification by theDepositary. Where a longer period for thatdeclaration to take effect is specified in thenotification, it shall take effect upon theexpiration <strong>of</strong> such longer period after receipt<strong>of</strong> the notification by the Depositary.3. Notwithstanding the previousparagraphs, this Protocol shall continue toapply, as if no such subsequent declarationshad been made, in respect <strong>of</strong> all rights andinterests arising prior to the effective date <strong>of</strong>any such subsequent declaration.Article XXXIVWithdrawal <strong>of</strong> declarationsAny State Party having made a declarationunder this Protocol, other than a declarationmade in accordance with Article XXXI underArticle 60 <strong>of</strong> the Convention, may withdraw itat any time by notifying the Depositary. Suchwithdrawal is to take effect on the first day <strong>of</strong>the month following the expiration <strong>of</strong> sixmonths after the date <strong>of</strong> receipt <strong>of</strong> thenotification by the Depositary.Article XXXVDenunciations1. Any State Party may denounce thisProtocol by notification in writing to theDepositary.2. Any such denunciation shall take effecton the first day <strong>of</strong> the month following theexpiration <strong>of</strong> twelve months after the date <strong>of</strong>receipt <strong>of</strong> the notification by the Depositary.3. Notwithstanding the previousparagraphs, this Protocol shall continue toapply, as if no such denunciation had beenmade, in respect <strong>of</strong> all rights and interestsarising prior to the effective date <strong>of</strong> any suchdenunciation.Article XXXVIReview Conferences, amendments and relatedmatters1. The Depositary, in consultation withthe Supervisory Authority, shall prepare reportsyearly, or at such other time as thecircumstances may require, for the StatesParties as to the manner in which theinternational regime established in theConvention as amended by the Protocol hasoperated in practice. In preparing such reports,the Depositary shall take into account thereports <strong>of</strong> the Supervisory Authority concerningthe functioning <strong>of</strong> the international registrationsystem.2. At the request <strong>of</strong> not less than twentyfiveper cent <strong>of</strong> the States Parties, ReviewConferences <strong>of</strong> the States Parties shall beconvened from time to time by the Depositary,in consultation with the Supervisory Authority,to consider:(a) the practical operation <strong>of</strong> the Conventionas amended by this Protocol and its
217THE CAPE TOWN PROTOCOL, 2001CHAP. XXIIIeffectiveness in facilitating the assetbasedfinancing and leasing <strong>of</strong> theobjects covered by its terms;(b) the judicial interpretation given to, andthe application made <strong>of</strong> the terms <strong>of</strong>this Protocol and the regulations;(c) the functioning <strong>of</strong> the internationalregistration system, the performance <strong>of</strong>the Registrar and its oversight by theSupervisory Authority, taking intoaccount the reports <strong>of</strong> the SupervisoryAuthority; and(d) whether any modifications to thisProtocol or the arrangements relating tothe International Registry are desirable.3. Any amendment to this Protocol shallbe approved by at least a two-thirds majority<strong>of</strong> States participating in the Conferencereferred to in the preceding paragraph andshall then enter into force in respect <strong>of</strong> Stateswhich have ratified, accepted or approved suchamendment when it has been ratified, acceptedor approved by eight States in accordance withthe provisions <strong>of</strong> Article XXVIII relating to itsentry into force.Article XXXVIIDepositary and its functions1. Instruments <strong>of</strong> ratification, acceptance,approval or accession shall be deposited withthe International Institute for the Unification<strong>of</strong> Private Law (UNIDROIT), which is herebydesignated the Depositary.2. The Depositary shall:(a) inform all Contracting States <strong>of</strong>:(i) each new signature or deposit <strong>of</strong> aninstrument <strong>of</strong> ratification,acceptance, approval or accession,together with the date there<strong>of</strong>;(ii) the date <strong>of</strong> entry into force <strong>of</strong> thisProtocol;(iii) each declaration made inaccordance with this Protocol,together with the date there<strong>of</strong>;(iv) the withdrawal or amendment <strong>of</strong> anydeclaration, together with the datethere<strong>of</strong>; and(v) the notification <strong>of</strong> any denunciation<strong>of</strong> this Protocol together with thedate there<strong>of</strong> and the date on whichit takes effect;(b) transmit certified true copies <strong>of</strong> thisProtocol to all Contracting States;(c) provide the Supervisory Authority andthe Registrar with a copy <strong>of</strong> eachinstrument <strong>of</strong> ratification, acceptance,approval or accession, together with thedate <strong>of</strong> deposit there<strong>of</strong> <strong>of</strong> eachdeclaration or withdrawal or amendment<strong>of</strong> a declaration and <strong>of</strong> each notification<strong>of</strong> denunciation, together with the date<strong>of</strong> notification there<strong>of</strong>, so that theinformation contained therein is easilyand fully available; and(d) perform such other functions customaryfor depositaries.IN WITNESS WHEREOF the undersignedPlenipotentiaries, having been duly authorised,have signed this Protocol.DONE at Cape Town, this sixteenth day <strong>of</strong>November, two thousand and one, in a singleoriginal in the English, Arabic, Chinese, French,Russian and Spanish languages, all texts beingequally authentic, such authenticity to take effectupon verification by the Joint Secretariat <strong>of</strong> theConference under the authority <strong>of</strong> the President<strong>of</strong> the Conference within ninety days here<strong>of</strong> as tothe conformity <strong>of</strong> the texts with one another.
218CHAP. XXIII THE CAPE TOWN PROTOCOL, 2001FORM OF IRREVOCABLE DE-REGISTRATION ANDEXPORT REQUEST AUTHORISATIONTo : [Insert name <strong>of</strong> Registry Authority][Insert Date]Re: Irrevocable De-registration and Export Request AuthorisationThe undersigned is the registered [operator] [owner)* <strong>of</strong> the [insert the airframe/helicoptermanufacturer name and model number) bearing manufacturers serial number [insert manufacturer’sserial number) and registration [number) [mark] [insert registration number/mark] (together withall installed, incorporated or attached accessories, parts and equipment, the “aircraft”).This instrument is an irrevocable de-registration and export request authorisation issued bythe undersigned in favour <strong>of</strong> [insert name <strong>of</strong> creditor] (“the authorised party”) under the authority<strong>of</strong> Article XIII <strong>of</strong> the Protocol to the Convention on International Interests in Mobile Equipmenton Matters specific to Aircraft Equipment. In accordance with that Article, the undersignedhereby requests:(i) recognition that the authorised party or the person it certifies as its designee is the soleperson entitled to:(a) procure the de-registration <strong>of</strong> the aircraft from the [insert name <strong>of</strong> aircraft register]maintained by the [insert name <strong>of</strong> registry authority] for the purposes <strong>of</strong> Chapter III <strong>of</strong>the Convention on International <strong>Civil</strong> <strong>Aviation</strong>, signed at Chicago, on 7 December1944, and(b) procure the export and physical transfer <strong>of</strong> the aircraft from [insert name <strong>of</strong> country],and(ii) confirmation that the authorised party or the person it certifies as its designee may take theaction specified in clause (i) above on written demand without the consent <strong>of</strong> theundersigned and that, upon such demand, the authorities in [insert name <strong>of</strong> country] shallco-operate with the authorised party with a view to the speedy completion <strong>of</strong> such action.The rights in favour <strong>of</strong> the authorised party established by this instrument may not be revokedby the undersigned without the written consent <strong>of</strong> the authorised party.[insert name <strong>of</strong> operator/owner]Agreed to and lodged this[insert date][insert relevant notational details].By: [insert name <strong>of</strong> signatory]Its: [insert title <strong>of</strong> signatory]* Select the term that reflects the relevant nationality registration criterion.
219CHAPTER XXIVCONSOLIDATED TEXT OF CONVENTION ONINTERNATIONAL INTERESTS IN MOBILE EQUIPMENTAND THE PROTOCOL TO THE CONVENTION ONINTERNATIONAL INTERESTS IN MOBILE EQUIPMENTON MATTERS SPECIFIC TO <strong>AIRCRAFT</strong> EQUIPMENTSIGNED AT CAPE TOWN ON 16 NOVEMBER 2001
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221THE CONSOLIDATED TEXT OF THE CAPE TOWN CONVENTION AND PROTOCOL, 2001CHAP. XXIVCHAPTER XXIVTHE CONSOLIDATED TEXT OF CONVENTION ONINTERNATIONAL INTERESTS IN MOBILE EQUIPMENTAND THE PROTOCOL TO THE CONVENTION ONINTERNATIONAL INTERESTS IN MOBILE EQUIPMENTON MATTERS SPECIFIC TO <strong>AIRCRAFT</strong> EQUIPMENTSIGNED AT CAPE TOWN ON 16 NOVEMBER 2001THE STATES PARTIES,AWARE <strong>of</strong> the need to acquire and useaircraft equipment <strong>of</strong> high value or particulareconomic significance and to facilitate thefinancing <strong>of</strong> the acquisition and use <strong>of</strong> suchequipment in an efficient manner,RECOGNISING the advantages <strong>of</strong> assetbasedfinancing and leasing for this purposeand desiring to facilitate these types <strong>of</strong>transaction by establishing clear rules to governthem,MINDFUL <strong>of</strong> the need to ensure thatinterests in such equipment are recognisedand protected universally,DESIRING to provide broad and mutualeconomic benefits for all interested parties,BELIEVING that such rules must reflectthe principles underlying asset-based financingand leasing and promote the autonomy <strong>of</strong> theparties necessary in these transactions,CONSCIOUS <strong>of</strong> the need to establish alegal framework for international interests insuch equipment and for that purpose to createan international registration system for theirprotection,MINDFUL <strong>of</strong> the principles and objectives<strong>of</strong> the Convention on International <strong>Civil</strong><strong>Aviation</strong>, signed at Chicago on 7 December1944,HAVE AGREED upon the followingprovisionsCHAPTER ISPHERE OF APPLICATIONAND GENERAL PROVISIONSArticle 1DefinitionsFor the purposes <strong>of</strong> this Convention, “thisConvention” means the Consolidated Text <strong>of</strong>the Convention on International Interests inMobile Equipment and the Protocol to theConvention on International Interests in MobileEquipment on Matters specific to AircraftEquipmentIn this Convention, except where the contextotherwise requires, the following terms areemployed with the meanings set out below:(a) “agreement” means a securityagreement, a title reservation agreement or aleasing agreement;(b) “aircraft” means aircraft as defined forthe purposes <strong>of</strong> the Chicago Convention whichare either airframes with aircraft enginesinstalled thereon or helicopters;(c) “aircraft engines” means aircraft engines(other than those used in military, customs orpolice services) powered by jet propulsion orturbine or piston technology and:(i) in the case <strong>of</strong> jet propulsion aircraftengines, have at least 1750 lb <strong>of</strong> thrustor its equivalent; and(ii) in the case <strong>of</strong> turbine-powered or pistonpoweredaircraft engines, have at least
222CHAP. XXIV THE CONSOLIDATED TEXT OF THE CAPE TOWN CONVENTION AND PROTOCOL, 2001550 rated take-<strong>of</strong>f shaft horsepower orits equivalent,together with all modules and otherinstalled, incorporated or attached accessories,parts and equipment and all data, manuals andrecords relating thereto;(d) “aircraft objects” means airframes,aircraft engines and helicopters;(e) “aircraft register” means a registermaintained by a State or a common markregistering authority for the purposes <strong>of</strong> theChicago Convention;(f) “airframes” means airframes (other thanthose used in military, customs and policeservices) that, when appropriate aircraft enginesare installed thereon, are type certified by thecompetent aviation authority to transport:(i) at least eight (8) persons including crew;or(ii) goods in excess <strong>of</strong> 2750 kilograms,together with all installed, incorporated orattached accessories, parts and equipment(other than aircraft engines), and all data,manuals and records relating thereto;(g) “assignment” means a contract which,whether by way <strong>of</strong> security or otherwise, conferson the assignee associated rights with or withouta transfer <strong>of</strong> the related international interest;(h) “associated rights” means all rights topayment or other performance by a debtorunder an agreement which are secured by orassociated with the aircraft object;(i) “authorised party” means the partyreferred to in Article 25(3);(j) “Chicago Convention” means theConvention on International <strong>Civil</strong> <strong>Aviation</strong>,signed at Chicago on 7 December 1944, asamended, and its Annexes;(k) “commencement <strong>of</strong> the insolvencyproceedings” means the time at which theinsolvency proceedings are deemed tocommence under the applicable insolvency law;(l) “common mark registering authority”means the authority maintaining a register inaccordance with Article 77 <strong>of</strong> the ChicagoConvention as implemented by the Resolutionadopted on 14 December 1967 by the Council<strong>of</strong> the International <strong>Civil</strong> <strong>Aviation</strong> Organizationon nationality and registration <strong>of</strong> aircraftoperated by international operating agencies;(m) “conditional buyer” means a buyerunder a title reservation agreement;(n) “conditional seller” means a seller undera title reservation agreement;(o) “contract <strong>of</strong> sale” means a contract forthe sale <strong>of</strong> an aircraft object by a seller to abuyer which is not an agreement as defined in(a) above;(p) “court” means a court <strong>of</strong> law or anadministrative or arbitral tribunal establishedby a Contracting State;(q) “creditor” means a chargee under asecurity agreement, a conditional seller undera title reservation agreement or a lessor undera leasing agreement;(r) “debtor” means a chargor under asecurity agreement, a conditional buyer undera title reservation agreement, a lessee under aleasing agreement or a person whose interestin an aircraft object is burdened by a registrablenon-consensual right or interest;(s) “de-registration <strong>of</strong> the aircraft” meansdeletion or removal <strong>of</strong> the registration <strong>of</strong> theaircraft from its aircraft register in accordancewith the Chicago Convention;(t) “guarantee contract” means a contractentered into by a person as guarantor;(u) “guarantor” means a person who, forthe purpose <strong>of</strong> assuring performance <strong>of</strong> anyobligations in favour <strong>of</strong> a creditor secured by asecurity agreement or under an agreement,gives or issues a suretyship or demandguarantee or a standby letter <strong>of</strong> credit or anyother form <strong>of</strong> credit insurance;(v) “helicopters” means heavier-than-airmachines (other than those used in military,customs or police services) supported in flightchiefly by the reactions <strong>of</strong> the air on one ormore power-driven rotors on substantiallyvertical axes and which are type certified bythe competent aviation authority to transport:
223THE CONSOLIDATED TEXT OF THE CAPE TOWN CONVENTION AND PROTOCOL, 2001CHAP. XXIV(i) at least five (5) persons including crew;or(ii) goods in excess <strong>of</strong> 450 kilograms,together with all installed, incorporated orattached accessories, parts and equipment(including rotors), and all data, manuals andrecords relating thereto;(w) “insolvency administrator” means aperson authorised to administer the reorganisationor liquidation, including one authorisedon an interim basis, and includes a debtor inpossession if permitted by the applicableinsolvency law;(x) “insolvency proceedings” meansbankruptcy, liquidation or other collectivejudicial or administrative proceedings,including interim proceedings, in which theassets and affairs <strong>of</strong> the debtor are subject tocontrol or supervision by a court for thepurposes <strong>of</strong> reorganisation or liquidation;(y) “insolvency-related event” means:(i) the commencement <strong>of</strong> theinsolvency proceedings; or(ii) the declared intention to suspendor actual suspension <strong>of</strong> paymentsby the debtor where the creditor’sright to institute insolvencyproceedings against the debtor orto exercise remedies under thisConvention is prevented orsuspended by law or State action;(z) “interested persons” means:(i) the debtor;`(ii) any guarantor;`(iii) any other person having rights in orover the aircraft object;(aa) “internal transaction” means atransaction <strong>of</strong> a type listed in Article 2(2)(a) to(c) where the centre <strong>of</strong> the main interests <strong>of</strong> allparties to such transaction is situated, and therelevant aircraft object under Article 3(4) islocated, in the same Contracting State at thetime <strong>of</strong> the conclusion <strong>of</strong> the contract andwhere the interest created by the transactionhas been registered in a national registry inthat Contracting State which has made adeclaration under Article 66(1);(bb) “international interest” means aninterest held by a creditor to which Article 2applies;(cc) “International Registry” means theinternational registration facilities establishedfor the purposes <strong>of</strong> this Convention;(dd) “leasing agreement” means anagreement by which one person (the lessor)grants a right to possession or control <strong>of</strong> anaircraft object (with or without an option topurchase) to another person (the lessee) inreturn for a rental or other payment;(ee) “national interest” means an interestheld by a creditor in an aircraft object andcreated by an internal transaction covered by adeclaration under Article 66(1);(ff) “non-consensual right or interest”means a right or interest conferred under thelaw <strong>of</strong> a Contracting State which has made adeclaration under Article 52 to secure theperformance <strong>of</strong> an obligation, including anobligation to a State, State entity or anintergovernmental or private organisation;(gg) “notice <strong>of</strong> a national interest” meansnotice registered or to be registered in theInternational Registry that a national interesthas been created;(hh) “pre-existing right or interest” meansa right or interest <strong>of</strong> any kind in or over anaircraft object created or arising before theeffective date <strong>of</strong> this Convention as defined byArticle 76(2)(a);(ii) “primary insolvency jurisdiction” meansthe Contracting State in which the centre <strong>of</strong>the debtor’s main interests is situated, whichfor this purpose shall be deemed to be theplace <strong>of</strong> the debtor’s statutory seat or, if thereis none, the place where the debtor isincorporated or formed, unless provedotherwise;(jj) “proceeds” means money or non-moneyproceeds <strong>of</strong> an aircraft object arising from thetotal or partial loss or physical destruction <strong>of</strong>
224CHAP. XXIV THE CONSOLIDATED TEXT OF THE CAPE TOWN CONVENTION AND PROTOCOL, 2001the aircraft object or its total or partialconfiscation, condemnation or requisition;(kk) “prospective assignment” means anassignment that is intended to be made in thefuture, upon the occurrence <strong>of</strong> a stated event,whether or not the occurrence <strong>of</strong> the event iscertain;(ll) “prospective international interest”means an interest that is intended to be createdor provided for in an aircraft object as aninternational interest in the future, upon theoccurrence <strong>of</strong> a stated event (which may includethe debtor’s acquisition <strong>of</strong> an interest in theaircraft object), whether or not the occurrence<strong>of</strong> the event is certain;(mm) “prospective sale” means a sale whichis intended to be made in the future, upon theoccurrence <strong>of</strong> a stated event, whether or notthe occurrence <strong>of</strong> the event is certain;(nn) “registered” means registered in theInternational Registry pursuant to Chapter V;(oo) “registered interest” means aninternational interest, a registrable nonconsensualright or interest or a national interestspecified in a notice <strong>of</strong> a national interestregistered pursuant to Chapter V;(pp) “registrable non-consensual right orinterest” means a non-consensual right orinterest registrable pursuant to a declarationdeposited- under Article 53;(qq) “Registrar” means the person or bodyappointed under Articles 27(4)(b) and 28;(rr) “registry authority” means the nationalauthority or the common mark registeringauthority, maintaining an aircraft register in aContracting State and responsible for theregistration and de-registration <strong>of</strong> an aircraftin accordance with the Chicago Convention;(ss) “regulations” means regulations madeor approved by the Supervisory Authoritypursuant to this Convention;(tt) “sale” means a transfer <strong>of</strong> ownership <strong>of</strong>an aircraft object pursuant to a contract <strong>of</strong> sale;(uu) “secured obligation” means anobligation secured by a security interest;(vv) “security agreement” means anagreement by which a chargor grants or agreesto grant to a chargee an interest (including anownership interest) in or over an aircraft objectto secure the performance <strong>of</strong> any existing orfuture obligation <strong>of</strong> the chargor or a thirdperson;(ww) “security interest” means an interestcreated by a security agreement;(xx) “State <strong>of</strong> registry” means, in respect <strong>of</strong>an aircraft, the State on the national register <strong>of</strong>which an aircraft is entered or the State <strong>of</strong>location <strong>of</strong> the common mark registeringauthority maintaining the aircraft register;(yy) “Supervisory Authority” means theSupervisory Authority referred to in Article27;(zz) “title reservation agreement” meansan agreement for the sale <strong>of</strong> an aircraft objecton terms that ownership does not pass untilfulfilment <strong>of</strong> the condition or conditions statedin the agreement;(aaa) “unregistered interest” means aconsensual interest or non-consensual right orinterest (other than an interest to which Article52 applies) which has not been registered,whether or not it is registrable under thisConvention; and(bbb) “writing” means a record <strong>of</strong>information (including informationcommunicated by teletransmission) which isin tangible or other form and is capable <strong>of</strong>being reproduced in tangible form on asubsequent occasion and which indicates byreasonable means a person’s approval <strong>of</strong> therecord.Article 2The international interest1. This Convention provides for theconstitution and effects <strong>of</strong> an internationalinterest in aircraft objects and associated rights.2. For the purposes <strong>of</strong> this Convention, aninternational interest in aircraft objects is aninterest, constituted under Article 10, inairframes, aircraft engines or helicopters:
225THE CONSOLIDATED TEXT OF THE CAPE TOWN CONVENTION AND PROTOCOL, 2001CHAP. XXIV(a) granted by the chargor under a securityagreement;(b) vested in a person who is the conditionalseller under a title reservationagreement; or(c) vested in a person who is the lessorunder a leasing agreement.An interest falling within sub-paragraph(a) does not also fall within sub-paragraph (b)or (c).3. The applicable law determines whetheran interest to which the preceding paragraphapplies falls within sub-paragraph (a), (b) or(c) <strong>of</strong> that paragraph.4. An international interest in an aircraftobject extends to proceeds <strong>of</strong> that aircraftobject.Article 3Sphere <strong>of</strong> application1. This Convention applies when, at thetime <strong>of</strong> the conclusion <strong>of</strong> the agreement creatingor providing for the international interest, thedebtor is situated in a Contracting State.2. The fact that the creditor is situated in anon-Contracting State does not affect theapplicability <strong>of</strong> this Convention.3. Without prejudice to paragraph 1 <strong>of</strong>this Article, this Convention shall also apply inrelation to a helicopter, or to an airframepertaining to an aircraft, registered in an aircraftregister <strong>of</strong> a Contracting State which is theState <strong>of</strong> registry, and where such registrationis made pursuant to an agreement forregistration <strong>of</strong> the aircraft it is deemed to havebeen effected at the time <strong>of</strong> the agreement.4. For the purposes <strong>of</strong> the definition <strong>of</strong>“internal transaction” in Article 1 <strong>of</strong> thisConvention:(a) an airframe is located in the State <strong>of</strong> registry<strong>of</strong> the aircraft <strong>of</strong> which it is a part;(b) an aircraft engine is located in the State <strong>of</strong>registry <strong>of</strong> the aircraft on which it isinstalled or, if it is not installed on anaircraft, where it is physically located; and(c) a helicopter is located in its State <strong>of</strong>registry,at the time <strong>of</strong> the conclusion <strong>of</strong> theagreement creating or providing for the interest.Article 4Where debtor is situated1. For the purposes <strong>of</strong> Article 3(1), thedebtor is situated in any Contracting State:(a) under the law <strong>of</strong> which it is incorporatedor formed;(b) where it has its registered <strong>of</strong>fice orstatutory seat;(c) where it has its centre <strong>of</strong> administration;or(d) where it has its place <strong>of</strong> business.2. A reference in sub-paragraph (d) <strong>of</strong> thepreceding paragraph to the debtor’s place <strong>of</strong>business shall, if it has more than one place <strong>of</strong>business, mean its principal place <strong>of</strong> business or,if it has no place <strong>of</strong> business, its habitual residence.Article 5Interpretation and applicable law1. In the interpretation <strong>of</strong> this Convention,regard is to be had to its purposes as set forth inthe preamble, to its international character andto the need to promote uniformity andpredictability in its application.2. Questions concerning matters governedby this Convention which are not expresslysettled in it are to be settled in conformity withthe general principles on which it is based or,in the absence <strong>of</strong> such principles, in conformitywith the applicable law.3. References to the applicable law are tothe domestic rules <strong>of</strong> the law applicable byvirtue <strong>of</strong> the rules <strong>of</strong> private international law<strong>of</strong> the forum State.4. Where a State comprises severalterritorial units, each <strong>of</strong> which has its ownrules <strong>of</strong> law in respect <strong>of</strong> the matter to bedecided, and where there is no indication <strong>of</strong>the relevant territorial unit, the law <strong>of</strong> thatState decides which is the territorial unit whoserules shall govern. In the absence <strong>of</strong> any such
226CHAP. XXIV THE CONSOLIDATED TEXT OF THE CAPE TOWN CONVENTION AND PROTOCOL, 2001rule, the law <strong>of</strong> the territorial unit with whichthe case is most closely connected shall apply.Article 6Application to sale and prospective saleThe following provisions <strong>of</strong> this Conventionapply as if references to an agreement creatingor providing for an international interest werereferences to a contract <strong>of</strong> sale and as ifreferences to an international interest, aprospective international interest, the debtorand the creditor were references to a sale, aprospective sale, the seller and the buyer,respectively:Articles 3 and 4;Article 26(1 )(a);Article 32(4);Article 33(1) (as regards registration <strong>of</strong>a contract <strong>of</strong> sale or a prospective sale);Article 38(2) (as regards a prospectivesale); andArticle 43.In addition, the general provisions <strong>of</strong> Article1, Article 5, Chapters IV to VII, Article 42 (otherthan Article 42(3) and (4)), Chapter X, ChapterXI (other than Article 55), Chapter XII andChapter XIII (other than Article 76) shall applyto contracts <strong>of</strong> sale and prospective sales.Article 7Representative capacitiesA person may enter into an agreement or asale, and register an international interest in,or a sale <strong>of</strong>, an aircraft object, in an agency,trust or other representative capacity. In suchcase, that person is entitled to assert rights andinterests under this Convention.Article 8Description <strong>of</strong> aircraft objectsA description <strong>of</strong> an aircraft object thatcontains its manufacturer’s serial number, thename <strong>of</strong> the manufacturer and its modeldesignation is necessary and sufficient toidentify the aircraft object for the purposes <strong>of</strong>Articles 10(c) and 11(l)(c) <strong>of</strong> this Convention.Article 9Choice <strong>of</strong> law1. This Article applies only where aContracting State has made a declarationpursuant to Article 71(1).2. The parties to an agreement, or a contract<strong>of</strong> sale, or a related guarantee contract orsubordination agreement may agree on the lawwhich is to govern their contractual rights andobligations, wholly or in part.3. Unless otherwise agreed, the referencein the preceding paragraph to the law chosenby the parties is to the domestic rules <strong>of</strong> law <strong>of</strong>the designated State or, where that Statecomprises several territorial units, to thedomestic law <strong>of</strong> the designated territorial unit.CHAPTER IICONSTITUTION OF ANINTERNATIONAL INTEREST;CONTRACTS OF SALEArticle 10Formal requirementsAn interest is constituted as an internationalinterest under this Convention where theagreement creating or providing for the interest:(a) is in writing;(b) relates to an aircraft object <strong>of</strong> which thechargor, conditional seller or lessor has powerto dispose;(c) enables the aircraft object to beidentified; and(d) in the case <strong>of</strong> a security agreement,enables the secured obligations to bedetermined, but without the need to state asum or maximum sum secured.Article 11Formalities and effects <strong>of</strong> contracts <strong>of</strong> sale1. For the purposes <strong>of</strong> this Convention, acontract <strong>of</strong> sale is one which:(a) is in writing;(b) relates to an aircraft object <strong>of</strong> whichthe seller has power to dispose; and
227THE CONSOLIDATED TEXT OF THE CAPE TOWN CONVENTION AND PROTOCOL, 2001CHAP. XXIV(c) enables the aircraft object to beidentified in conformity with thisConvention.2. A contract <strong>of</strong> sale transfers the interest <strong>of</strong>the seller in the aircraft object to the buyeraccording to its terms.CHAPTER IIIDEFAULT REMEDIESArticle 12Remedies <strong>of</strong> chargee1. In the event <strong>of</strong> default as provided inArticle 17, the chargee may, to the extent thatthe chargor has at any time so agreed andsubject to any declaration that may be made bya Contracting State under Article 70, exerciseany one or more <strong>of</strong> the following remedies:(a) take possession or control <strong>of</strong> any aircraftobject charged to it;(b) sell or grant a lease <strong>of</strong> any such aircraftobject;(c) collect or receive any income or pr<strong>of</strong>itsarising from the management or use <strong>of</strong>any such aircraft object.2. The chargee may alternatively apply fora court order authorising or directing any <strong>of</strong>the acts referred to in the preceding paragraph.3. A chargee proposing to sell or grant alease <strong>of</strong> an aircraft object under paragraph 1shall give reasonable prior notice in writing <strong>of</strong>the proposed sale or lease to:(a) interested persons specified in Article1(z)(i) and (ii): and(b) interested persons specified in Article1(z)(iii) who have given notice <strong>of</strong> theirrights to the chargee within a reasonabletime prior to the sale or lease.4. A chargee giving ten or more workingdays’ prior written notice <strong>of</strong> a proposed sale orlease to interested persons shall be deemed tosatisfy the requirement <strong>of</strong> providing“reasonable prior notice” specified in thepreceding paragraph. The foregoing shall notprevent a chargee and a chargor or a guarantorfrom agreeing to a longer period <strong>of</strong> prior notice.5. Any sum collected or received by thechargee as a result <strong>of</strong> exercise <strong>of</strong> any <strong>of</strong> theremedies set out in paragraph 1 or 2 shall beapplied towards discharge <strong>of</strong> the amount <strong>of</strong> thesecured obligations.6. Where the sums collected or received bythe chargee as a result <strong>of</strong> the exercise <strong>of</strong> anyremedy set out in paragraph 1 or 2 exceed theamount secured by the security interest andany reasonable costs incurred in the exercise<strong>of</strong> any such remedy, then unless otherwiseordered by the court the chargee shall distributethe surplus among holders <strong>of</strong> subsequentlyranking interests which have been registeredor <strong>of</strong> which the chargee has been given notice,in order <strong>of</strong> priority, and pay any remainingbalance to the chargor.Article 13Vesting <strong>of</strong> aircraft object in satisfaction;redemption1. At any time after default as provided inArticle 17, the chargee and all the interestedpersons may agree that ownership <strong>of</strong> (or anyother interest <strong>of</strong> the chargor in) any aircraftobject covered by the security interest shallvest in the chargee in or towards satisfaction<strong>of</strong> the secured obligations.2. The court may on the application <strong>of</strong> thechargee order that ownership <strong>of</strong> (or any otherinterest <strong>of</strong> the chargor in) any aircraft objectcovered by the security interest shall vest inthe chargee in or towards satisfaction <strong>of</strong> thesecured obligations.3. The court shall grant an application underthe preceding paragraph only if the amount <strong>of</strong>the secured obligations to be satisfied by suchvesting is commensurate with the value <strong>of</strong> theaircraft object after taking account <strong>of</strong> anypayment to be made by the chargee to any <strong>of</strong>the interested persons.4. At any time after default as provided inArticle 17 and before sale <strong>of</strong> the charged aircraftobject or the making <strong>of</strong> an order under paragraph2, the chargor or any interested person maydischarge the security interest by paying in fullthe amount secured, subject to any lease granted
228CHAP. XXIV THE CONSOLIDATED TEXT OF THE CAPE TOWN CONVENTION AND PROTOCOL, 2001by the chargee under Article 12(l)(b) or orderedunder Article 12(2). Where, after such default,the payment <strong>of</strong> the amount secured is made in fullby an interested person other than the debtor, thatperson is subrogated to the rights <strong>of</strong> the chargee.5. Ownership or any other interest <strong>of</strong> thechargor passing on a sale under Article 12(1)(b)or passing under paragraph 1 or 2 <strong>of</strong> this Articleis free from any other interest over which thechargee’s security interest has priority underthe provisions <strong>of</strong> Article 42.Article 14Remedies <strong>of</strong> conditional seller or lessorIn the event <strong>of</strong> default under a titlereservation agreement or under a leasingagreement as provided in Article 17, theconditional seller or the lessor, as the case maybe, may:(a) subject to any declaration that may bemade by a Contracting State under Article 70,terminate the agreement and take possessionor control <strong>of</strong> any aircraft object to which theagreement relates; or(b) apply for a court order authorising ordirecting either <strong>of</strong> these acts.Article 15Additional remedies <strong>of</strong> creditor1. In addition to the remedies specified inArticles 12, 14, 16 and 20, the creditor may. tothe extent that the debtor has at any time soagreed and in the circumstances specified insuch provisions:(a) procure the de-registration <strong>of</strong> theaircraft; and(b) procure the export and physical transfer<strong>of</strong> the aircraft object from the territoryin which it is situated.2. The creditor shall not exercise theremedies specified in the preceding paragraphwithout the prior consent in writing <strong>of</strong> theholder <strong>of</strong> any registered interest ranking inpriority to that <strong>of</strong> the creditor.3. The registry authority in a ContractingState shall, subject to any applicable safetylaws and regulations, honour a request for deregistrationand export if:(a) the request is properly submitted by theauthorised party under a recordedirrevocable de-registration and exportrequest authorisation; and(b) the authorised party certifies to the registryauthority, if required by that authority,that all registered interests ranking inpriority to that <strong>of</strong> the creditor in whosefavour the authorisation has been issuedhave been discharged or that the holders<strong>of</strong> such interests have consented to thede-registration and export.4. A chargee proposing to procure the deregistrationand export <strong>of</strong> an aircraft underparagraph 1 otherwise than pursuant to a courtorder shall give reasonable prior notice inwriting <strong>of</strong> the proposed de-registration andexport to:(a) interested persons specified in Article1(z)(i) and (ii) <strong>of</strong> this Convention; and(b) interested persons specified in Article1(z)(iii) <strong>of</strong> this Convention who havegiven notice <strong>of</strong> their rights to the chargeewithin a reasonable time prior to the deregistrationand export.Article 16Additional remedies under applicable lawAny additional remedies permitted by theapplicable law, including any remedies agreedupon by the parties, may be exercised to theextent that they are not inconsistent with themandatory provisions <strong>of</strong> this Chapter as setout in Article 22.Article 17Meaning <strong>of</strong> default1. The debtor and the creditor may at anytime agree in writing as to the events thatconstitute a default or otherwise give rise tothe rights and remedies specified in Articles12 to 15 and 20.2. Where the debtor and the creditor havenot so agreed, “default” for the purposes <strong>of</strong>
229THE CONSOLIDATED TEXT OF THE CAPE TOWN CONVENTION AND PROTOCOL, 2001CHAP. XXIVArticles 12 to 15 and 20 means a default whichsubstantially deprives the creditor <strong>of</strong> what it isentitled to expect under the agreement.Article 18Debtor provisions1. In the absence <strong>of</strong> a default within themeaning <strong>of</strong> Article 17 <strong>of</strong> this Convention, thedebtor shall be entitled to the quiet possessionand use <strong>of</strong> the aircraft object in accordancewith the agreement as against:(a) its creditor and the holder <strong>of</strong> any interestfrom which the debtor takes free pursuantto Article 42(5) or, in the capacity <strong>of</strong>buyer. Article 42(3) <strong>of</strong> this Convention,unless and to the extent that the debtorhas otherwise agreed; and(b) the holder <strong>of</strong> any interest to which thedebtor’s right or interest is subjectpursuant toArticle 42(5) or, in the capacity <strong>of</strong> buyer.Article 42(4) <strong>of</strong> this Convention, but only tothe extent, if any, that such holder has agreed.2. Nothing in this Convention affects theliability <strong>of</strong> a creditor for any breach <strong>of</strong> theagreement under the applicable law in so far asthat agreement relates to an aircraft object.Article 19Standard for exercising remediesAny remedy given by this Convention inrelation to an aircraft object shall be exercisedin a commercially reasonable manner. A remedyshall be deemed to be exercised in acommercially reasonable manner where it isexercised in conformity with a provision <strong>of</strong> theagreement except where such a provision ismanifestly unreasonable.Article 20Relief pending final determination1. Subject to any declaration that it maymake under Article 71 (2), a Contracting Stateshall ensure that a creditor who adducesevidence <strong>of</strong> default by the debtor may, pendingfinal determination <strong>of</strong> its claim and to theextent that the debtor has at any time so agreed,obtain from a court speedy relief in the form <strong>of</strong>such one or more <strong>of</strong> the following orders as thecreditor requests:(a) preservation <strong>of</strong> the aircraft object andits value;(b) possession, control or custody <strong>of</strong> theaircraft object;(c) immobilisation <strong>of</strong> the aircraft object;(d) lease or, except where covered by subparagraphs(a) to (c), management <strong>of</strong>the aircraft object and the incometherefrom; and(e) if at any time the debtor and the creditorspecifically agree, sale and application<strong>of</strong> proceeds therefrom.2. For the purposes <strong>of</strong> the precedingparagraph, “speedy” in the context <strong>of</strong> obtainingrelief means within such number <strong>of</strong> workingdays from the date <strong>of</strong> filing <strong>of</strong> the applicationfor relief as is specified in a declaration madeby the Contracting State in which theapplication is made.3. Ownership or any other interest <strong>of</strong> thedebtor passing on a sale under sub-paragraph(e) <strong>of</strong> paragraph 1 <strong>of</strong> this Article is free fromany other interest over which the creditor’sinternational interest has priority under theprovisions <strong>of</strong> Article 42 <strong>of</strong> this Convention.4. In making any order under paragraph 1<strong>of</strong> this Article, the court may impose suchterms as it considers necessary to protect theinterested persons in the event that the creditor:(a) in implementing any order granting suchrelief, fails to perform any <strong>of</strong> itsobligations to the debtor under thisConvention; or(b) fails to establish its claim, wholly or inpart, on the final determination <strong>of</strong> thatclaim.5. The creditor and the debtor or any otherinterested person may agree in writing toexclude the application <strong>of</strong> the precedingparagraph.6. Before making any order under paragraph1, the court may require notice <strong>of</strong> the requestto be given to any <strong>of</strong> the interested persons.
230CHAP. XXIV THE CONSOLIDATED TEXT OF THE CAPE TOWN CONVENTION AND PROTOCOL, 20017. With regard to the remedies in Article15(1):(a) they shall be made available by the registryauthority and other administrativeauthorities, as applicable, in a ContractingState no later than five working days afterthe creditor notifies such authorities thatthe relief specified in Article 15(1) isgranted or, in the case <strong>of</strong> relief granted bya foreign court, recognised by a court <strong>of</strong>that Contracting State, and that the creditoris entitled to procure those remedies inaccordance with this Convention; and(b) the applicable authorities shallexpeditiously co-operate with and assistthe creditor in the exercise <strong>of</strong> suchremedies in conformity with the applicableaviation safety laws and regulations.8. Nothing in the preceding paragraphsaffects the application <strong>of</strong> Article 19 or limitsthe availability <strong>of</strong> forms <strong>of</strong> interim relief otherthan those set out in paragraph 1.9. Paragraphs 2 and 7 shall not affect anyapplicable aviation safety laws and regulations.10.Paragraphs 2, 3, 5, 7 and 9 <strong>of</strong> this Articleapply only where a Contracting State has madea declaration under Article 71(2) and to theextent stated in such declaration.Article 21Procedural requirementsSubject to Article 70(2), any remedy providedby this Chapter shall be exercised in conformitywith the procedure prescribed by the law <strong>of</strong> theplace where the remedy is to be exercised.Article 22DerogationAny two or more <strong>of</strong> the parties referred to inthis Chapter may at any time, by agreement inwriting, exclude the application <strong>of</strong> Article 23 and,in their relations with each other, derogate fromor vary the effect <strong>of</strong> any <strong>of</strong> the preceding provisions<strong>of</strong> this Chapter, except as stated in Articles 12(3)to (6), 13(3) and (4), 15(2), 19 and 21.Article 23Remedies on insolvency1. This Article applies only where aContracting State that is the primary insolvencyjurisdiction has made a declaration pursuantto Article 71(3).Alternative A2. Upon the occurrence <strong>of</strong> an insolvencyrelatedevent, the insolvency administrator orthe debtor, as applicable, shall, subject toparagraph 7, give possession <strong>of</strong> the aircraft objectto the creditor no later than the earlier <strong>of</strong>(a) the end <strong>of</strong> the waiting period; and(b) the date on which the creditor would beentitled to possession <strong>of</strong> the aircraftobject if this Article did not apply.3. For the purposes <strong>of</strong> this Article, the“waiting period” shall be the period specifiedin a declaration <strong>of</strong> the Contracting State whichis the primary insolvency jurisdiction.4. References in this Article to the “insolvencyadministrator” shall be to that person in its<strong>of</strong>ficial, not in its personal, capacity.5. Unless and until the creditor is giventhe opportunity to take possession underparagraph 2:(a) the insolvency administrator or thedebtor, as applicable, shall preserve theaircraft object and maintain it and itsvalue in accordance with the agreement;and(b) the creditor shall be entitled to apply forany other forms <strong>of</strong> interim reliefavailable under the applicable law.6. Sub-paragraph (a) <strong>of</strong> the precedingparagraph shall not preclude the use <strong>of</strong> the aircraftobject under arrangements designed to preservethe aircraft object and maintain it and its value.7. The insolvency administrator or thedebtor, as applicable, may retain possession <strong>of</strong>the aircraft object where, by the time specifiedin paragraph 2, it has cured all defaults otherthan a default constituted by the opening <strong>of</strong>insolvency proceedings and has agreed to
231THE CONSOLIDATED TEXT OF THE CAPE TOWN CONVENTION AND PROTOCOL, 2001CHAP. XXIVperform all future obligations under theagreement. A second waiting period shall notapply in respect <strong>of</strong> a default in the performance<strong>of</strong> such future obligations.8. With regard to the remedies in Article15(1):(a) they shall be made available by theregistry authority and the administrativeauthorities in a Contracting State, asapplicable, no later than five workingdays after the date on which the creditornotifies such authorities that it is entitledto procure those remedies in accordancewith this Convention; and(b) the applicable authorities shallexpeditiously co-operate with and assistthe creditor in the exercise <strong>of</strong> suchremedies in conformity with the applicableaviation safety laws and regulations.9. No exercise <strong>of</strong> remedies permitted bythis Convention may be prevented or delayedafter the date specified in paragraph 2.10.No obligations <strong>of</strong> the debtor under theagreement may be modified without the consent<strong>of</strong> the creditor.11.Nothing in the preceding paragraph shallbe construed to affect the authority, if any, <strong>of</strong>the insolvency administrator under theapplicable law to terminate the agreement.12.No rights or interests, except for nonconsensualrights or interests <strong>of</strong> a categorycovered by a declaration pursuant to Article52(1), shall have priority in insolvencyproceedings over registered interests.13.The provisions <strong>of</strong> this Convention shallapply to the exercise <strong>of</strong> any remedies underthis Article.Alternative B2. Upon the occurrence <strong>of</strong> an insolvencyrelatedevent, the insolvency administrator orthe debtor, as applicable, upon the request <strong>of</strong>the creditor, shall give notice to the creditorwithin the time specified in a declaration <strong>of</strong> aContracting State pursuant to Article 71(3)whether it will:(a) cure all defaults other than a defaultconstituted by the opening <strong>of</strong> insolvencyproceedings and agree to perform allfuture obligations, under the agreementand related transaction documents; or(b) give the creditor the opportunity to takepossession <strong>of</strong> the aircraft object, inaccordance with the applicable law.3. The applicable law referred to in subparagraph(b) <strong>of</strong> the preceding paragraph maypermit the court to require the taking <strong>of</strong> anyadditional step or the provision <strong>of</strong> anyadditional guarantee.4. The creditor shall provide evidence <strong>of</strong> itsclaims and pro<strong>of</strong> that its international interesthas been registered.5. If the insolvency administrator or thedebtor, as applicable, does not give notice inconformity with paragraph 2, or when theinsolvency administrator or the debtor hasdeclared that it will give the creditor theopportunity to take possession <strong>of</strong> the aircraftobject but fails to do so, the court may permit thecreditor to take possession <strong>of</strong> the aircraft objectupon such terms as the court may order and mayrequire the taking <strong>of</strong> any additional step or theprovision <strong>of</strong> any additional guarantee.6. The aircraft object shall not be soldpending a decision by a court regarding theclaim and the international interest.Article 24Insolvency assistance1. This Article applies only where aContracting State has made a declarationpursuant to Article 71(1).2. The courts <strong>of</strong> a Contracting State inwhich an aircraft object is situated shall, inaccordance with the law <strong>of</strong> the ContractingState, co-operate to the maximum extentpossible with foreign courts and foreigninsolvency administrators in carrying out theprovisions <strong>of</strong> Article 23.Article 25De-registration and export request authorisation1. This Article applies only where a
232CHAP. XXIV THE CONSOLIDATED TEXT OF THE CAPE TOWN CONVENTION AND PROTOCOL, 2001Contracting State has made a declarationpursuant to Article 71(1).2. Where the debtor has issued anirrevocable de-registration and export requestauthorisation substantially in the form annexedto this Convention and has submitted suchauthorisation for recordation to the registryauthority, that authorisation shall be sorecorded.3. The person in whose favour theauthorisation has been issued (the “authorisedparty”) or its certified designee shall be thesole person entitled to exercise the remediesspecified in Article 15(1) and may do so onlyin accordance with the authorisation andapplicable aviation safety laws and regulations.Such authorisation may not be revoked by thedebtor without the consent in writing <strong>of</strong> theauthorised party. The registry authority shallremove an authorisation from the registry atthe request <strong>of</strong> the authorised party.4. The registry authority and otheradministrative authorities in Contracting Statesshall expeditiously co-operate with and assistthe authorised party in the exercise <strong>of</strong> theremedies specified in Article 15.CHAPTER IVTHE INTERNATIONALREGISTRATION SYSTEMArticle 26The International RegistryAn International Registry shall beestablished for registrations <strong>of</strong>:(a) international interests, prospectiveinternational interests and registrablenon-consensual rights and interests;(b) assignments and prospectiveassignments <strong>of</strong> international interests;(c) acquisitions <strong>of</strong> international interestsby legal or contractual subrogationsunder the applicable law;(d) notices <strong>of</strong> national interests; and(e) subordinations <strong>of</strong> interests referred toin any <strong>of</strong> the preceding sub-paragraphs.2. For the purposes <strong>of</strong> this Chapter andChapter V, the term “registration” includes,where appropriate, an amendment, extensionor discharge <strong>of</strong> a registration.Article 27The Supervisory Authority1. There shall be a Supervisory Authoritywhich shall be the international entity designatedby a Resolution adopted by the DiplomaticConference to Adopt a Mobile EquipmentConvention and an Aircraft Protocol.2. Where the international entity referredto in the preceding paragraph is not able andwilling to act as Supervisory Authority, aConference <strong>of</strong> Signatory and Contracting Statesshall be convened to designate anotherSupervisory Authority.3. The Supervisory Authority may establisha commission <strong>of</strong> experts, from among personsnominated by Signatory and Contracting Statesand having the necessary qualifications andexperience, and entrust it with the task <strong>of</strong>assisting the Supervisory Authority in thedischarge <strong>of</strong> its functions.4 The Supervisorv Authority shall:(a) establish or provide for the establishment<strong>of</strong> the International Registry;(b) appoint and dismiss the Registrar;(c) ensure that any rights required for thecontinued effective operation <strong>of</strong> theInternational Registry in the event <strong>of</strong> achange <strong>of</strong> Registrar will vest in or beassignable to the new Registrar;(d) after consultation with the ContractingStates, make or approve and ensure thepublication <strong>of</strong> regulations dealing withthe operation <strong>of</strong> the International Registry;(e) establish administrative proceduresthrough which complaints concerning theoperation <strong>of</strong> the International Registrycan be made to the Supervisory Authority;(f) supervise the Registrar and the operation<strong>of</strong> the International Registry;(g) at the request <strong>of</strong> the Registrar, provide
233THE CONSOLIDATED TEXT OF THE CAPE TOWN CONVENTION AND PROTOCOL, 2001CHAP. XXIVsuch guidance to the Registrar as theSupervisory Authority thinks fit;(h) set and periodically review the structure<strong>of</strong> fees to be charged for the services andfacilities <strong>of</strong> the International Registry;(i) do all things necessary to ensure that anefficient notice-based electronicregistration system exists to implementthe objectives <strong>of</strong> this Convention; and(j) report periodically to Contracting Statesconcerning the discharge <strong>of</strong> itsobligations under this Convention.5. The Supervisory Authority may enterinto any agreement requisite for theperformance <strong>of</strong> its functions, including anyagreement referred to in Article 40(3).6. The Supervisory Authority shall ownall proprietary rights in the data bases andarchives <strong>of</strong> the International Registry.7. The first regulations shall be made bythe Supervisory Authority so as to take effectupon the entry into force <strong>of</strong> the Conventionand the Protocol.Article 28The Registrar1. The first Registrar shall operate theInternational Registry for a period <strong>of</strong> five yearsfrom the date <strong>of</strong> entry into force <strong>of</strong> theConvention and the Protocol. Thereafter, theRegistrar shall be appointed or re-appointed atregular five-yearly intervals by the SupervisoryAuthority.2. The Registrar shall ensure the efficientoperation <strong>of</strong> the International Registry andperform the functions assigned to it by thisConvention and the regulations.3. The fees referred to in Article 27(4)(h)shall be determined so as to recover thereasonable costs <strong>of</strong> establishing, operating andregulating the International Registry and thereasonable costs <strong>of</strong> the Supervisory Authorityassociated with the performance <strong>of</strong> thefunctions, exercise <strong>of</strong> the powers, and discharge<strong>of</strong> the duties contemplated by Article 27(4) <strong>of</strong>this Convention.Article 29Designated entry points1. Subject to paragraph 2, a ContractingState may at any time designate an entity orentities in its territory as the entry point orentry points through which there shall or maybe transmitted to the International Registryinformation required for registration other thanregistration <strong>of</strong> a notice <strong>of</strong> a national interest ora right or interest under Article 53 in eithercase arising under the laws <strong>of</strong> another State. AContracting State making such a designationmay specify the requirements, if any, to besatisfied before such information is transmittedto the International Registry.2. A designation made under the precedingparagraph may permit, but not compel, use <strong>of</strong> adesignated entry point or entry points forinformation required for registrations in respect<strong>of</strong> aircraft engines.Article 30Working hours <strong>of</strong> the registration facilitiesThe centralised functions <strong>of</strong> theInternational Registry shall be operated andadministered by the Registrar on a twenty-fourhour basis. The various entry points shall beoperated at least during working hours in theirrespective territories.CHAPTER VMODALITIES OFREGISTRATIONArticle 31Registration requirements1. In accordance with this Convention, theregulations shall specify the requirements,including the criteria for the identification <strong>of</strong>the aircraft object:(a) for effecting a registration (which shallinclude provision for prior electronictransmission <strong>of</strong> any consent from anyperson whose consent is required underArticle 33);(b) for making searches and issuing searchcertificates; and, subject thereto,
234CHAP. XXIV THE CONSOLIDATED TEXT OF THE CAPE TOWN CONVENTION AND PROTOCOL, 2001(c) for ensuring the confidentiality <strong>of</strong>information and documents <strong>of</strong> theInternational Registry other thaninformation and documents relating toa registration.2. The Registrar shall not be under a duty toenquire whether a consent to registration underArticle 33 has in fact been given or is valid.3. Where an interest registered as aprospective international interest becomes aninternational interest, no further registrationshall be required provided that the registrationinformation is sufficient for a registration <strong>of</strong>an international interest.4. The Registrar shall arrange forregistrations to be entered into the InternationalRegistry data base and made searchable inchronological order <strong>of</strong> receipt, and the fileshall record the date and time <strong>of</strong> receipt.Article 32Validity and time <strong>of</strong> registration1. A registration shall be valid only if madein conformity with Article 33.2. A registration, if valid, shall be completeupon entry <strong>of</strong> the required information into theInternational Registry data base so as to besearchable.3. A registration shall be searchable for thepurposes <strong>of</strong> the preceding paragraph at thetime when:(a) the International Registry has assigned toit a sequentially ordered file number; and(b) the registration information, includingthe file number, is stored in durableform and may be accessed at theInternational Registry.4. If an interest first registered as a prospectiveinternational interest becomes an internationalinterest, that international interest shall be treatedas registered from the time <strong>of</strong> registration <strong>of</strong> theprospective international interest provided thatthe registration was still current immediatelybefore the international interest was constitutedas provided by Article 10.5. The preceding paragraph applies withnecessary modifications to the registration <strong>of</strong>a prospective assignment <strong>of</strong> an internationalinterest.6. A registration pertaining to an aircraftobject shall be searchable in the InternationalRegistry data base according to the name <strong>of</strong> itsmanufacturer, its manufacturer’s serial numberand its model designation, supplemented asnecessary to ensure uniqueness. Suchsupplementary information shall be specifiedin the regulations.Article 33Consent to registration1. An international interest, a prospectiveinternational interest or an assignment orprospective assignment <strong>of</strong> an internationalinterest may be registered, and any suchregistration amended or extended prior to itsexpiry, by either party with the consent inwriting <strong>of</strong> the other.2. The subordination <strong>of</strong> an internationalinterest to another international interest maybe registered by or with the consent in writingat any time <strong>of</strong> the person whose interest hasbeen subordinated.3. A registration may be discharged by orwith the consent in writing <strong>of</strong> the party inwhose favour it was made.4. The acquisition <strong>of</strong> an internationalinterest by legal or contractual subrogationmay be registered by the subrogee.5. A registrable non-consensual right orinterest may be registered by the holder there<strong>of</strong>.6. A notice <strong>of</strong> a national interest may beregistered by the holder there<strong>of</strong>.Article 34Duration <strong>of</strong> registration1. Registration <strong>of</strong> an international interestremains effective until discharged or untilexpiry <strong>of</strong> the period specified in the registration.2. Registration <strong>of</strong> a contract <strong>of</strong> sale remainseffective indefinitely. Registration <strong>of</strong> aprospective sale remains effective unless
235THE CONSOLIDATED TEXT OF THE CAPE TOWN CONVENTION AND PROTOCOL, 2001CHAP. XXIVdischarged or until expiry <strong>of</strong> the period, if any,specified in the registration.Article 35Searches1. Any person may, in the mannerprescribed by this Convention and theregulations, make or request a search <strong>of</strong> theInternational Registry by electronic meansconcerning interests or prospectiveinternational interests registered therein.2. Upon receipt <strong>of</strong> a request therefor, theRegistrar, in the manner prescribed by theregulations, shall issue a registry searchcertificate by electronic means with respect toany aircraft object:(a) stating all registered information relatingthereto, together with a statementindicating the date and time <strong>of</strong>registration <strong>of</strong> such information; or(b) stating that there is no information inthe International Registry relatingthereto.3. A search certificate issued under thepreceding paragraph shall indicate that thecreditor named in the registration informationhas acquired or intends to acquire an internationalinterest in the object but shall not indicate whetherwhat is registered is an international interest or aprospective international interest, even if this isascertainable from the relevant registrationinformation.Article 36List <strong>of</strong> declarations and declared nonconsensualrights or interestsThe Registrar shall maintain a list <strong>of</strong>declarations, withdrawals <strong>of</strong> declarations, and<strong>of</strong> the categories <strong>of</strong> non-consensual right orinterest communicated to the Registrar by theDepositary as having been declared byContracting States in conformity with Articles52 and 53 and the date <strong>of</strong> each such declarationor withdrawal <strong>of</strong> declaration. Such list shall berecorded and searchable in the name <strong>of</strong> thedeclaring State and shall be made available asprovided in this Convention and the regulationsto any person requesting it.Article 37Evidentiary value <strong>of</strong> certificatesA document in the form prescribed by theregulations which purports to be a certificateissued by the International Registry is primafacie pro<strong>of</strong>:(a) that it has been so issued; and(b) <strong>of</strong> the facts recited in it, including thedate and time <strong>of</strong> a registration.Article 38Discharge <strong>of</strong> registration1. Where the obligations secured by aregistered security interest or the obligationsgiving rise to a registered non-consensual rightor interest have been discharged, or where theconditions <strong>of</strong> transfer <strong>of</strong> title under a registeredtitle reservation agreement have been fulfilled,the holder <strong>of</strong> such interest shall, without unduedelay, procure the discharge <strong>of</strong> the registrationafter written demand by the debtor delivered toor received at its address stated in the registration.2. Where a prospective internationalinterest or a prospective assignment <strong>of</strong> aninternational interest has been registered, theintending creditor or intending assignee shall,without undue delay, procure the discharge <strong>of</strong>the registration after written demand by theintending debtor or assignor which is deliveredto or received at its address stated in theregistration before the intending creditor orassignee has given value or incurred acommitment to give value.3. For the purpose <strong>of</strong> the preceding paragraphand in the circumstances there described, theholder <strong>of</strong> a registered prospective internationalinterest or a registered prospective assignment<strong>of</strong> an international interest or the person in whosefavour a prospective sale has been registeredshall take such steps as are within its power toprocure the discharge <strong>of</strong> the registration no laterthan five working days after the receipt <strong>of</strong> thedemand described in such paragraph.4. Where the obligations secured by a nationalinterest specified in a registered notice <strong>of</strong> anational interest have been discharged, the holder<strong>of</strong> such interest shall, without undue delay,
236CHAP. XXIV THE CONSOLIDATED TEXT OF THE CAPE TOWN CONVENTION AND PROTOCOL, 2001procure the discharge <strong>of</strong> the registration afterwritten demand by the debtor delivered to orreceived at its address stated in the registration.5. Where a registration ought not to havebeen made or is incorrect, the person in whosefavour the registration was made shall, withoutundue delay, procure its discharge or amendmentafter written demand by the debtor delivered toor received at its address stated in the registration.Article 39Access to the international registration facilitiesNo person shall be denied access to theregistration and search facilities <strong>of</strong> theInternational Registry on any ground otherthan its failure to comply with the proceduresprescribed by this Chapter.CHAPTER VIPRIVILEGES AND IMMUNITIES OFTHE SUPERVISORY AUTHORITYAND THE REGISTRARArticle 40Legal personality; immunity1. The Supervisory Authority shall haveinternational legal personality where not alreadypossessing such personality.2. The Supervisory Authority and its <strong>of</strong>ficersand employees shall enjoy such immunity fromlegal and administrative process as is providedunder the rules applicable to them as aninternational entity or otherwise.3. (a) The Supervisory Authority shallenjoy exemption from taxes andsuch other privileges as may beprovided by agreement with the hostState.(b) For the purposes <strong>of</strong> this paragraph,“host State” means the State inwhich the Supervisory Authority issituated.4. The assets, documents, data bases andarchives <strong>of</strong> the International Registry shall beinviolable and immune from seizure or otherlegal or administrative process.5. For the purposes <strong>of</strong> any claim against theRegistrar under Article 41(1) or Article 56, theclaimant shall be entitled to access to suchinformation and documents as are necessary toenable the claimant to pursue its claim.6. The Supervisory Authority may waivethe inviolability and immunity conferred byparagraph 4 <strong>of</strong> this Article.CHAPTER VIILIABILITY OF THEREGISTRARArticle 41Liability and financial assurances1. The Registrar shall be liable forcompensatory damages for loss suffered by aperson directly resulting from an error or omission<strong>of</strong> the Registrar and its <strong>of</strong>ficers and employeesor from a malfunction <strong>of</strong> the internationalregistration system except where the malfunctionis caused by an event <strong>of</strong> an inevitable andirresistible nature, which could not be preventedby using the best practices in current use in thefield <strong>of</strong> electronic registry design and operation,including those related to back-up and systemssecurity and networking.2. The Registrar shall not be liable underthe preceding paragraph for factual inaccuracy<strong>of</strong> registration information received by theRegistrar or transmitted by the Registrar in theform in which it received that information norfor acts or circumstances for which the Registrarand its <strong>of</strong>ficers and employees are not responsibleand arising prior to receipt <strong>of</strong> registrationinformation at the International Registry.3. Compensation under paragraph 1 maybe reduced to the extent that the person whosuffered the damage caused or contributed tothat damage.4. The Registrar shall procure insurance ora financial guarantee covering the liabilityreferred to in this Article to the extent determinedby the Supervisory Authority in accordance withthe provisions <strong>of</strong> this Convention.5. The amount <strong>of</strong> the insurance or financialguarantee referred to in the preceding paragraph
237THE CONSOLIDATED TEXT OF THE CAPE TOWN CONVENTION AND PROTOCOL, 2001CHAP. XXIVshall, in respect <strong>of</strong> each event, not be less thanthe maximum value <strong>of</strong> an aircraft object asdetermined by the Supervisory Authority.6. Nothing in this Convention shall precludethe Registrar from procuring insurance or afinancial guarantee covering events for whichthe Registrar is not liable under this Article.CHAPTER VIIIEFFECTS OF ANINTERNATIONAL INTEREST ASAGAINST THIRD PARTIESArticle 42Priority <strong>of</strong> competing interests1. A registered interest has priority overany other interest subsequently registered andover an unregistered interest.2. The priority <strong>of</strong> the first-mentioned interestunder the preceding paragraph applies:(a) even if the first-mentioned interest wasacquired or registered with actualknowledge <strong>of</strong> the other interest; and(b) even as regards value given by the holder<strong>of</strong> the first-mentioned interest with suchknowledge.3. A buyer <strong>of</strong> an aircraft object under aregistered sale acquires its interest in that objectfree from an interest subsequently registeredand from an unregistered interest, even if thebuyer has actual knowledge <strong>of</strong> the unregisteredinterest.4. A buyer <strong>of</strong> an aircraft object acquires itsinterest in that object subject to an interestregistered at the time <strong>of</strong> its acquisition.5. A conditional buyer or lessee acquiresits interest in or right over that object:(a) subject to an interest registered prior tothe registration <strong>of</strong> the internationalinterest held by its conditional seller orlessor; and(b) free from an interest not so registered atthat time even if it has actual knowledge<strong>of</strong> that interest.6. The priority <strong>of</strong> competing interests orrights under this Article may be varied byagreement between the holders <strong>of</strong> thoseinterests, but an assignee <strong>of</strong> a subordinatedinterest is not bound by an agreement tosubordinate that interest unless at the time <strong>of</strong>the assignment a subordination had beenregistered relating to that agreement.7. Any priority given by this Article to aninterest in an aircraft object extends to proceeds.8. This Convention:(a) does not affect the rights <strong>of</strong> a person inan item, other than an aircraft object,held prior to its installation on an aircraftobject if under the applicable law thoserights continue to exist after theinstallation; and(b) does not prevent the creation <strong>of</strong> rightsin an item, other than an aircraft object,which has previously been installed onan aircraft object where under theapplicable law those rights are created.9. Ownership <strong>of</strong> or another right or interestin an aircraft engine shall not be affected by itsinstallation on or removal from an aircraft.10. Paragraph 8 <strong>of</strong> this Article applies to anitem, other than an aircraft object, installed onan airframe, aircraft engine or helicopter.Article 43Effects <strong>of</strong> insolvency1. In insolvency proceedings against thedebtor an international interest is effective ifprior to the commencement <strong>of</strong> the insolvencyproceedings that interest was registered inconformity with this Convention.2. Nothing in this Article impairs theeffectiveness <strong>of</strong> an international interest in theinsolvency proceedings where that interest iseffective under the applicable law.3. Nothing in this Article affects any rules<strong>of</strong> law applicable in insolvency proceedingsrelating to the avoidance <strong>of</strong> a transaction as apreference or a transfer in fraud <strong>of</strong> creditors orany rules <strong>of</strong> procedure relating to theenforcement <strong>of</strong> rights to property which isunder the control or supervision <strong>of</strong> theinsolvency administrator.
238CHAP. XXIV THE CONSOLIDATED TEXT OF THE CAPE TOWN CONVENTION AND PROTOCOL, 2001CHAPTER IXASSIGNMENTS OF ASSOCIATEDRIGHTS AND INTERNATIONALINTERESTS; RIGHTS OF SUBROGATIONArticle 44Effects <strong>of</strong> assignment1. Except as otherwise agreed by the parties,an assignment <strong>of</strong> associated rights made inconformity with Article 45 also transfers to theassignee:(a) the related international interest; and(b) all the interests and priorities <strong>of</strong> theassignor under this Convention.2. Nothing in this Convention prevents apartial assignment <strong>of</strong> the assignor’s associatedrights. In the case <strong>of</strong> such a partial assignmentthe assignor and assignee may agree as to theirrespective rights concerning the relatedinternational interest assigned under thepreceding paragraph but not so as adversely toaffect the debtor without its consent.3. Subject to paragraph 4, the applicable lawshall determine the defences and rights <strong>of</strong> set-<strong>of</strong>favailable to the debtor against the assignee.4. The debtor may at any time by agreementin writing waive all or any <strong>of</strong> the defences andrights <strong>of</strong> set-<strong>of</strong>f referred to in the precedingparagraph other than defences arising fromfraudulent acts on the part <strong>of</strong> the assignee.5. In the case <strong>of</strong> an assignment by way <strong>of</strong>security, the assigned associated rights revestin the assignor, to the extent that they are stillsubsisting, when the obligations secured bythe assignment have been discharged.Article 45Forma! requirements <strong>of</strong> assignment1. An assignment <strong>of</strong> associated rightstransfers the related international interest onlyif it:(a) is in writing;(b) enables the associated rights to beidentified under the contract from whichthey arise; and(c) in the case <strong>of</strong> an assignment by way <strong>of</strong>security, enables the obligations securedby the assignment to be determined inaccordance with this Convention butwithout the need to state a sum ormaximum sum secured.2. An assignment <strong>of</strong> an international interestcreated or provided for by a security agreementis not valid unless some or all related associatedrights are also assigned.3. This Convention does not apply to anassignment <strong>of</strong> associated rights which is noteffective to transfer the related internationalinterest.Article 46Debtor’s duty to assignee1. To the extent that associated rights andthe related international interest have beentransferred in accordance with Articles 44 and45, the debtor in relation to those rights andthat interest is bound by the assignment andhas a duty to make payment or give otherperformance to the assignee, if but only if:(a) the debtor has been given notice <strong>of</strong> theassignment in writing by or with theauthority <strong>of</strong> the assignor;(b) the notice identifies the associatedrights; and(c) the debtor has consented in writing,whether or not the consent is given inadvance <strong>of</strong> the assignment or identifiesthe assignee.2. Irrespective <strong>of</strong> any other ground onwhich payment or performance by the debtordischarges the latter from liability, payment orperformance shall be effective for this purposeif made in accordance with the precedingparagraph.3. Nothing in this Article shall affect thepriority <strong>of</strong> competing assignments.Article 47Default remedies in respect <strong>of</strong> assignment byway <strong>of</strong> securityIn the event <strong>of</strong> default by the assignor underthe assignment <strong>of</strong> associated rights and the related
239THE CONSOLIDATED TEXT OF THE CAPE TOWN CONVENTION AND PROTOCOL, 2001CHAP. XXIVinternational interest made by way <strong>of</strong> security.Articles 12, 13 and 15 to 21 apply in the relationsbetween the assignor and the assignee (and, inrelation to associated rights, apply in so far asthose provisions are capable <strong>of</strong> application tointangible property) as if references:(a) to the secured obligation and the securityinterest were references to the obligationsecured by the assignment <strong>of</strong> theassociated rights and the relatedinternational interest and the securityinterest created by that assignment;(b) to the chargee or creditor and chargoror debtor were references to the assigneeand assignor;(c) to the holder <strong>of</strong> the international interestwere references to the assignee; and (d)to the aircraft object were references tothe assigned associated rights and therelated international interest.Article 48Priority <strong>of</strong> competing assignments1. Where there are competing assignments<strong>of</strong> associated rights and at least one <strong>of</strong> theassignments includes the related internationalinterest and is registered, the provisions <strong>of</strong> Article42 apply as if the references to a registeredinterest were references to an assignment <strong>of</strong> theassociated rights and the related registered interestand as if references to a registered or unregisteredinterest were references to a registered orunregistered assignment.2. Article 43 applies to an assignment <strong>of</strong>associated rights as if the references to aninternational interest were references to anassignment <strong>of</strong> the associated rights and therelated international interest.Article 49Assignee’s priority with respect to associatedrights1. The assignee <strong>of</strong> associated rights andthe related international interest whoseassignment has been registered only has priorityunder Article 48(1) over another assignee <strong>of</strong>the associated rights:(a) if the contract under which the associatedrights arise states that they are secured byor associated with the object; and(b) to the extent that the associated rights arerelated to an aircraft object.2. For the purpose <strong>of</strong> sub-paragraph (b) <strong>of</strong>the preceding paragraph, associated rights arerelated to an aircraft object only to the extentthat they consist <strong>of</strong> rights to payment orperformance that relate to:(a) a sum advanced and utilised for thepurchase <strong>of</strong> the aircraft object;(b) a sum advanced and utilised for thepurchase <strong>of</strong> another aircraft object inwhich the assignor held anotherinternational interest if the assignortransferred that interest to the assigneeand the assignment has been registered;(c) the price payable for the aircraft object;(d) the rentals payable in respect <strong>of</strong> theaircraft object; or(e) other obligations arising from atransaction referred to in any <strong>of</strong> thepreceding sub-paragraphs.3. In all other cases, the priority <strong>of</strong> thecompeting assignments <strong>of</strong> the associated rightsshall be determined by the applicable law.Article 50Effects <strong>of</strong> assignor’s insolvencyThe provisions <strong>of</strong> Article 43 apply toinsolvency proceedings against the assignoras if references to the debtor were referencesto the assignor.Article 51Subrogation1. Subject to paragraph 2, nothing in thisConvention affects the acquisition <strong>of</strong> associatedrights and the related international interest bylegal or contractual subrogation under theapplicable law.2. The priority between any interest withinthe preceding paragraph and a competinginterest may be varied by agreement in writingbetween the holders <strong>of</strong> the respective interests
240CHAP. XXIV THE CONSOLIDATED TEXT OF THE CAPE TOWN CONVENTION AND PROTOCOL, 2001but an assignee <strong>of</strong> a subordinated interest isnot bound by an agreement to subordinate thatinterest unless at the time <strong>of</strong> the assignment asubordination had been registered relating tothat agreement.CHAPTER XRIGHTS OR INTERESTS SUBJECTTO DECLARATIONS BYCONTRACTING STATESArticle 52Rights having priority without registration1. A Contracting State may at any time, ina declaration deposited with the Depositary <strong>of</strong>the Protocol declare, generally or specifically:(a) those categories <strong>of</strong> non-consensual rightor interest (other than a right or interestto which Article 53 applies) which underthat State’s law have priority over aninterest in an aircraft object equivalentto that <strong>of</strong> the holder <strong>of</strong> a registeredinternational interest and which shallhave priority over a registeredinternational interest, whether in’ oroutside insolvency proceedings; and(b) that nothing in this Convention shall affectthe right <strong>of</strong> a State or State entity,intergovernmental organisation or otherprivate provider <strong>of</strong> public services to arrestor detain an aircraft object under the laws<strong>of</strong> that State for payment <strong>of</strong> amounts owedto such entity, organisation or providerdirectly relating to those services in respect<strong>of</strong> that object or another aircraft object.2. A declaration made under the precedingparagraph may be expressed to cover categoriesthat are created after the deposit <strong>of</strong> thatdeclaration.3. A non-consensual right or interest haspriority over an international interest if andonly if the former is <strong>of</strong> a category covered by adeclaration deposited prior to the registration<strong>of</strong> the international interest.4. Notwithstanding the precedingparagraph, a Contracting State may, at the time<strong>of</strong> ratification, acceptance, approval <strong>of</strong>, oraccession to the Protocol, declare that a rightor interest <strong>of</strong> a category covered by a declarationmade under sub-paragraph (a) <strong>of</strong> paragraph 1shall have priority over an international interestregistered prior to the date <strong>of</strong> such ratification,acceptance, approval or accession.Article 53Registrable non-consensual rights or interestsA Contracting State may at any time in adeclaration deposited with the Depositary <strong>of</strong>the Protocol list the categories <strong>of</strong> nonconsensualright or interest which shall beregistrable under this Convention as regardsany aircraft object as if the right or interestwere an international interest and shall beregulated accordingly. Such a declaration maybe modified from time to time.CHAPTER XIJURISDICTIONArticle 54Choice <strong>of</strong> forum1. Subject to Articles 55 and 56, the courts<strong>of</strong> a Contracting State chosen by the parties toa transaction have jurisdiction in respect <strong>of</strong>any claim brought under this Convention,whether or not the chosen forum has aconnection with the parties or the transaction.Such jurisdiction shall be exclusive unlessotherwise agreed between the parties. 2. Anysuch agreement shall be in writing or otherwiseconcluded in accordance with the formalrequirements <strong>of</strong> the law <strong>of</strong> the chosen forum.Article 55Jurisdiction under Article 201. The courts <strong>of</strong> a Contracting State chosenby the parties in conformity with Article 54and the courts <strong>of</strong> the Contracting State on theterritory <strong>of</strong> which the aircraft object is situatedor in which the aircraft is registered havejurisdiction to grant relief under Article 20(1)(a), (b), (c), and Article 20(8) in respect <strong>of</strong>that aircraft object or aircraft.2. Jurisdiction to grant relief under Article20(1 )(d) and (e) or other interim relief byvirtue <strong>of</strong> Article 20(8) may be exercised either:
241THE CONSOLIDATED TEXT OF THE CAPE TOWN CONVENTION AND PROTOCOL, 2001CHAP. XXIV(a) by the courts chosen by the parties; or(b) by the courts <strong>of</strong> a Contracting State onthe territory <strong>of</strong> which the debtor is situated,being relief which, by the terms <strong>of</strong> theorder granting it, is enforceable only inthe territory <strong>of</strong> that Contracting State.3. A court has jurisdiction under thepreceding paragraphs even if the finaldetermination <strong>of</strong> the claim referred to in Article20(1) will or may take place in a court <strong>of</strong>another Contracting State or by arbitration.Article 56Jurisdiction to make orders against theRegistrar1. The courts <strong>of</strong> the place in which theRegistrar has its centre <strong>of</strong> administration shallhave exclusive jurisdiction to award damagesor make orders against the Registrar.2. Where a person fails to respond to ademand made under Article 38 and that personhas ceased to exist or cannot be found for thepurpose <strong>of</strong> enabling an order to be made againstit requiring it to procure discharge <strong>of</strong> theregistration, the courts referred to in thepreceding paragraph shall have exclusivejurisdiction, on the application <strong>of</strong> the debtor orintending debtor, to make an order directed tothe Registrar requiring the Registrar todischarge the registration.3. Where a person fails to comply with anorder <strong>of</strong> a court having jurisdiction under thisConvention or, in the case <strong>of</strong> a national interest,an order <strong>of</strong> a court <strong>of</strong> competent jurisdictionrequiring that person to procure the amendmentor discharge <strong>of</strong> a registration, the courts referredto in paragraph 1 may direct the Registrar totake such steps as will give effect to that order.4. Except as otherwise provided by thepreceding paragraphs, no court may makeorders or give judgments or rulings against orpurporting to bind the Registrar.Article 57Waivers <strong>of</strong> sovereign immunity1. Subject to paragraph 2, a waiver <strong>of</strong>sovereign immunity from jurisdiction <strong>of</strong> thecourts specified in Article 54 or 55 <strong>of</strong> thisConvention or relating to enforcement <strong>of</strong> rightsand interests relating to an aircraft object underthis Convention shall be binding and, if theother conditions to such jurisdiction orenforcement have been satisfied, shall beeffective to confer jurisdiction and permitenforcement, as the case may be.2. A waiver under the preceding paragraphmust be in writing and contain a description <strong>of</strong>the aircraft object.Article 58Jurisdiction in respect <strong>of</strong> insolvencyproceedingsThe provisions <strong>of</strong> this Chapter are notapplicable to insolvency proceedings.CHAPTER XIIRELATIONSHIP WITH OTHERCONVENTIONSArticle 59Relationship with the United NationsConvention on the Assignment <strong>of</strong> Receivablesin International TradeThis Convention shall prevail over theUnited Nations Convention on the Assignment<strong>of</strong> Receivables in International Trade, openedfor signature in New York on 12 December2001, as it relates to the assignment <strong>of</strong>receivables which are associated rights relatedto international interests in aircraft objects.Article 60Relationship with the Convention on theInternational Recognition <strong>of</strong> Rights in AircraftThis Convention shall, for a ContractingState that is a Party to the Convention on theInternational Recognition <strong>of</strong> Rights inAircraft, signed at Geneva on 19 June 1948,supersede that Convention as it relates toaircraft, as defined in this Convention, and toaircraft objects. However, with respect to rightsor interests not covered or affected by thepresent Convention, the Geneva Conventionshall not be superseded.
242CHAP. XXIV THE CONSOLIDATED TEXT OF THE CAPE TOWN CONVENTION AND PROTOCOL, 2001Article 61Relationship with the Convention for theUnification <strong>of</strong> Certain Rules Relating to thePrecautionary Attachment <strong>of</strong> Aircraft1. This Convention shall, for a ContractingState that is a Party to the Convention/or theUnification <strong>of</strong> Certain Rules Relating to thePrecautionary Attachment <strong>of</strong> Aircraft, signedat Rome on 29 May 1933, supersede thatConvention as it relates to aircraft, as definedin this Convention.2. A Contracting State that is a Party to theabove Convention may declare, at the time<strong>of</strong> ratification, acceptance, approval <strong>of</strong>, oraccession to the Protocol, that it will not applythis Article.Article 62Relationship with the UNIDROIT Conventionon International Financial LeasingThis Convention shall supersede theUNIDROIT Convention on InternationalFinancial Leasing, signed at Ottawa on 28May 1988, as it relates to aircraft objects.CHAPTER XIIIFINAL PROVISIONSArticle 63Signature, ratification, acceptance, approvalor accession(See Article 47 <strong>of</strong> the Convention andArticle XXVI <strong>of</strong> the Protocol)Article 64Regional Economic Integration Organisations1. A Regional Economic IntegrationOrganisation which is constituted by sovereignStates and has competence over certain mattersgoverned by the Convention and the Protocolmay similarly sign, accept, approve or accede tothe Convention and the Protocol. The RegionalEconomic Integration Organisation shall in thatcase have the rights and obligations <strong>of</strong> aContracting State, to the extent that thatOrganisation has competence over mattersgoverned by the Convention and the Protocol.Where the number <strong>of</strong> Contracting States isrelevant in the Convention and the Protocol, theRegional Economic Integration Organisationshall not count as a Contracting State in additionto its Member States which are Contracting States.2. The Regional Economic IntegrationOrganisation shall, at the time <strong>of</strong> signature,acceptance, approval or accession, make adeclaration to the Depositary specifying thematters governed by the Convention and theProtocol in respect <strong>of</strong> which competence hasbeen transferred to that Organisation by itsMember States. The Regional EconomicIntegration Organisation shall promptly notifythe Depositary <strong>of</strong> any changes to the distribution<strong>of</strong> competence, including new transfers <strong>of</strong>competence, specified in the declaration underthis paragraph.3. Any reference to a “Contracting State”or “Contracting States” or “State Party” or“States Parties” in the Convention and theProtocol applies equally to a RegionalEconomic Integration Organisation where thecontext so requires.Article 65Entry into force(See Article 49 <strong>of</strong> the Convention andArticle XXVIII <strong>of</strong> the Protocol)Article 66Internal transactions1. A Contracting State may, at the time <strong>of</strong>ratification, acceptance, approval <strong>of</strong>, oraccession to the Protocol, declare that thisConvention shall not apply to a transactionwhich is an internal transaction in relation tothat State with regard to all types <strong>of</strong> aircraftobjects or some <strong>of</strong> them.2. Notwithstanding the preceding paragraph,the provisions <strong>of</strong> Articles 12(3), 13( 1), 26,Chapter V, Article 42, and any provisions <strong>of</strong> thisConvention relating to registered interests shallapply to an internal transaction.3. Where notice <strong>of</strong> a national interest hasbeen registered in the International Registry,the priority <strong>of</strong> the holder <strong>of</strong> that interest underArticle 42 shall not be affected by the fact thatsuch interest has become vested in another
243THE CONSOLIDATED TEXT OF THE CAPE TOWN CONVENTION AND PROTOCOL, 2001CHAP. XXIVperson by assignment or subrogation underthe applicable law.Article 67Future Protocols(See Article 51 <strong>of</strong> the Convention)Article 68Territorial units(See Article 52 <strong>of</strong> the Convention andArticle XXIX <strong>of</strong> the Protocol)Article 69Determination <strong>of</strong> courtsA Contracting State may , at the time <strong>of</strong>ratification, acceptance, approval <strong>of</strong>, oraccession to the Protocol, declare the relevant“court” or “courts” for the purposes <strong>of</strong> Article1 and Chapter XI <strong>of</strong> this Convention.Article 70Declarations regarding remedies1. A Contracting State may, at the time <strong>of</strong>ratification, acceptance, approval <strong>of</strong>, or accessionto the Protocol, declare that while the chargedaircraft object is situated within, or controlledfrom its territory the chargee shall not grant alease <strong>of</strong> the object in that territory.2. A Contracting State shall, at the time <strong>of</strong>ratification, acceptance, approval <strong>of</strong>, or accessionto the Protocol, declare whether or not any remedyavailable to the creditor under any provision <strong>of</strong>this Convention which is not there expressed torequire application to the court may be exercisedonly with leave <strong>of</strong> the court.Article 71Declarations relating to certain provisions1. A Contracting State may, at the time <strong>of</strong>ratification, acceptance, approval <strong>of</strong>, oraccession to the Protocol, declare that it willapply any one or more <strong>of</strong> Articles 9, 24 and 25<strong>of</strong> this Convention.2. A Contracting State may, at the time <strong>of</strong>ratification, acceptance, approval <strong>of</strong>, or accessionto the Protocol, declare that it will apply theprovisions <strong>of</strong> Article 20(2), (3), (5), (7) and (9)wholly or in part. If it so declares with respect toArticle 20(2), it shall specify the time-periodrequired thereby. A Contracting State may alsodeclare that it will not apply the provisions <strong>of</strong>Article 20(1), (4), (6), and (8), and <strong>of</strong> Article 55,wholly or in part; such declaration shall specifyunder which conditions the relevant Article willbe applied, in case it will be applied partly, orotherwise which other forms <strong>of</strong> interim reliefwill be applied.3. A Contracting State may, at the time <strong>of</strong>ratification, acceptance, approval <strong>of</strong>, oraccession to the Protocol, declare that it willapply the entirety <strong>of</strong> Alternative A, or theentirety <strong>of</strong> Alternative B <strong>of</strong> Article 23 and, ifso, shall specify the types <strong>of</strong> insolvencyproceeding, if any, to which it will applyAlternative A and the types <strong>of</strong> insolvencyproceeding, if any, to which it will applyAlternative B. A Contracting State making adeclaration pursuant to this paragraph shallspecify the time-period required by Article 23.4. The courts <strong>of</strong> Contracting States shallapply Article 23 in conformity with thedeclaration made by the Contracting Statewhich is the primary insolvency jurisdiction.Article 72Reservations and declarations1. No reservations may be made to thisConvention but declarations authorised byArticles 52, 53, 61, 66, 68, 69, 70, 71, 73, 74and 76 may be made in accordance with theseprovisions.2. Any declaration or subsequentdeclaration or any withdrawal <strong>of</strong> a declarationmade under this Convention shall be notifiedin writing to the Depositary.Article 73Subsequent declarations1. A State Party may make a subsequentdeclaration, other than a declaration authorisedunder Article 76, at any time after the date onwhich the Convention and the Protocol haveentered into force for it, by notifying theDepositary to that effect.2. Any such subsequent declaration shalltake effect on the first day <strong>of</strong> the monthfollowing the expiration <strong>of</strong> six months after
244CHAP. XXIV THE CONSOLIDATED TEXT OF THE CAPE TOWN CONVENTION AND PROTOCOL, 2001the date <strong>of</strong> receipt <strong>of</strong> the notification by theDepositary. Where a longer period for thatdeclaration to take effect is specified in thenotification, it shall take effect upon theexpiration <strong>of</strong> such longer period after receipt<strong>of</strong> the notification by the Depositary.3. Notwithstanding the previousparagraphs, this Convention shall continue toapply, as if no such subsequent declarationshad been made, in respect <strong>of</strong> all rights andinterests arising prior to the effective date <strong>of</strong>any such subsequent declaration.Article 74Withdrawal <strong>of</strong> declarations1. Any State Party having made a declarationunder this Convention, other than a declarationauthorised under Article 76, may withdraw itat any time by notifying the Depositary. Suchwithdrawal is to take effect on the first day <strong>of</strong>the month following the expiration <strong>of</strong> sixmonths after the date <strong>of</strong> receipt <strong>of</strong> thenotification by the Depositary.2. Notwithstanding the previous paragraph,this Convention shall continue to apply, as if nosuch withdrawal <strong>of</strong> declaration had been made,in respect <strong>of</strong> all rights and interests arising priorto the effective date <strong>of</strong> any such withdrawal.Article 75Denunciations1. Any State Party may denounce theConvention, or the Protocol or both bynotification in writing to the Depositary.2. Any such denunciation shall take effecton the first day <strong>of</strong> the month following theexpiration <strong>of</strong> twelve months after the date <strong>of</strong>receipt <strong>of</strong> the notification by the Depositary. 3.Notwithstanding the previous paragraphs, thisConvention shall continue to apply, as if nosuch denunciation had been made, in respect<strong>of</strong> all rights and interests arising prior to theeffective date <strong>of</strong> any such denunciation.Article 76Transitional provisions1. Unless otherwise declared by a ContractingState at any time, this Convention does not applyto a pre-existing right or interest, which retainsthe priority it enjoyed under the applicable lawbefore the effective date <strong>of</strong> the Convention.2. For the purposes <strong>of</strong> Article 1(hh) and <strong>of</strong>determining priority under this Convention:(a) “effective date <strong>of</strong> this Convention”means in relation to a debtor the timewhen the Convention enters into forceor the time when the State in which thedebtor is situated becomes a ContractingState, whichever is the later; and(b) the debtor is situated in a State where ithas its centre <strong>of</strong> administration or, if ithas no centre <strong>of</strong> administration, its place<strong>of</strong> business or, if it has more than oneplace <strong>of</strong> business, its principal place <strong>of</strong>business or, if it has no place <strong>of</strong> business,its habitual residence.3. A Contracting State may in its declarationunder paragraph 1 specify a date, not earlier thanthree years after the date on which the declarationbecomes effective, when the Convention willbecome applicable, for the purpose <strong>of</strong>determining priority, including the protection <strong>of</strong>any existing priority, to pre-existing rights orinterests arising under an agreement made at atime when the debtor was situated in a Statereferred to in sub-paragraph (b) <strong>of</strong> the precedingparagraph but only to the extent and in themanner specified in its declaration.Article 77Review Conferences, amendments and relatedmatters1. The Depositary, in consultation with theSupervisory Authority, shall prepare reportsyearly or at such other time as the circumstancesmay require for the States Parties as to the mannerin which the international regimen establishedin this Convention has operated in practice. Inpreparing such reports, the Depositary shall takeinto account the reports <strong>of</strong> the SupervisoryAuthority concerning the functioning <strong>of</strong> theinternational registration system.2. At the request <strong>of</strong> not less than twentyfiveper cent <strong>of</strong> the States Parties, ReviewConferences <strong>of</strong> States Panics shall be convened
245THE CONSOLIDATED TEXT OF THE CAPE TOWN CONVENTION AND PROTOCOL, 2001CHAP. XXIVfrom time to time by the Depositary, inconsultation with the Supervisory Authority,to consider:(a) the practical operation <strong>of</strong> thisConvention and its effectiveness infacilitating the asset-based financing andleasing <strong>of</strong> the aircraft objects coveredby its terms;(b) the judicial interpretation given to, andthe application made <strong>of</strong> the terms <strong>of</strong>this Convention and the regulations;(c) the functioning <strong>of</strong> the internationalregistration system, the performance <strong>of</strong>the Registrar and its oversight by theSupervisory Authority, taking intoaccount the reports <strong>of</strong> the SupervisoryAuthority; and(d) whether any modifications to thisConvention or the arrangements relatingto the International Registry are desirable.3. Subject to paragraph 4, any amendmentto the Convention or the Protocol shall beapproved by at least a two-thirds majority <strong>of</strong>States Parties participating in the Conferencereferred to in the preceding paragraph and shallthen enter into force in respect <strong>of</strong> States whichhave ratified, accepted or approved suchamendment when ratified, accepted, or approvedby States in accordance with the provisions <strong>of</strong>Article 65 relating to their entry into force.4. Where the proposed amendment to theConvention is intended to apply to more thanone category <strong>of</strong> equipment, such amendmentshall also be approved by at least a two-thirdsmajority <strong>of</strong> States Parties to each Protocol thatare participating in the Conference referred toin paragraph 2.Article 78Depositary and its functions1. Instruments <strong>of</strong> ratification, acceptance,approval <strong>of</strong> or accession to the Conventionand the Protocol, shall be deposited with theInternational Institute for the Unification <strong>of</strong>Private Law (UNIDROIT), which is herebydesignated the Depositary.2. The Depositary shall:(a) inform al Contracting States <strong>of</strong>:(i) each new signature or deposit <strong>of</strong> aninstrument <strong>of</strong> ratification,acceptance, approval or accession,together with the date there<strong>of</strong>;(ii) the date <strong>of</strong> entry into force <strong>of</strong> theConvention and the Protocol;(iii) each declaration made inaccordance with this Convention,together with the date there<strong>of</strong>;(iv) the withdrawal or amendment <strong>of</strong> anydeclaration, together with the datethere<strong>of</strong>; and(v) the notification <strong>of</strong> any denunciation<strong>of</strong> the Convention and the Protocoltogether with the date there<strong>of</strong> andthe date on which it takes effect;(b) transmit certified true copies <strong>of</strong> theConvention and the Protocol to allContracting States;(c) provide the Supervisory Authority andthe Registrar with a copy <strong>of</strong> eachinstrument <strong>of</strong> ratification, acceptance,approval or accession, together with thedate <strong>of</strong> deposit there<strong>of</strong>, <strong>of</strong> eachdeclaration or withdrawal or amendment<strong>of</strong> a declaration and <strong>of</strong> each notification<strong>of</strong> denunciation, together with the date<strong>of</strong> notification there<strong>of</strong>, so that theinformation contained therein is easilyand fully available; and(d) perform such other functions customaryfor depositaries.IN WITNESS WHEREOF the undersignedPlenipotentiaries, having been duly authorised,have signed the Convention and the Protocol.
246CHAP. XXIV THE CONSOLIDATED TEXT OF THE CAPE TOWN CONVENTION AND PROTOCOL, 2001FORM OF IRREVOCABLE DE-REGISTRATIONAND EXPORT REQUEST AUTHORISATIONTo: [Insert Name <strong>of</strong> Registry Authority]Annex referred to in Article 25[Insert Date]Re: Irrevocable De-Registration and Export Request AuthorisationAnnexThe undersigned is the registered [operator] [owner]* <strong>of</strong> the [insert the airframe/helicoptermanufacturer name and model number] bearing manufacturer’s serial number [insert manufacturer’sserial number] and registration [number] [mark] [insert registration number/mark] (together withall installed, incorporated or attached accessories, parts and equipment, the “aircraft”).This instrument is an irrevocable de-registration and export request authorisation issued bythe undersigned in favour <strong>of</strong> [insert name <strong>of</strong> creditor] (“the authorised party”) under the authority<strong>of</strong> Article 25 <strong>of</strong> this Convention. In accordance with that Article, the undersigned herebyrequests:(i) recognition that the authorised party or the person it certifies as its designee is the soleperson entitled to:(a) procure the de-registration <strong>of</strong> the aircraft from the [insert name <strong>of</strong> aircraft register]maintained by the [insert name <strong>of</strong> registry authority] for the purposes <strong>of</strong> Chapter III <strong>of</strong>the Convention on International <strong>Civil</strong> <strong>Aviation</strong>, signed at Chicago, on 7 December1944; and(b) procure the export and physical transfer <strong>of</strong> the aircraft from [insert name <strong>of</strong> country];and(ii) confirmation that the authorised party or the person it certifies as its designee may take theaction specified in clause (i) above on written demand without the consent <strong>of</strong> theundersigned and that, upon such demand, the authorities in [insert name <strong>of</strong> country] shallco-operate with the authorised party with a view to the speedy completion <strong>of</strong> such action.The rights in favour <strong>of</strong> the authorised party established by this instrument may not be revokedby the undersigned without the written consent <strong>of</strong> the authorised party.Please acknowledge your agreement to this request and its terms by appropriate notation inthe space provided below and lodging this instrument in[insert name <strong>of</strong> registry authority].[insert name <strong>of</strong> operator/owner]Agreed to and lodged this[insert date][insert relevant notational details].By: [insert name <strong>of</strong> signatory]Its: [insert title <strong>of</strong> signatory]