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AIRCRAFT MANUAL(INDIA)

VOLUME III

INTERNATIONAL CONVENTIONS

(Revised Edition corrected upto 30 September, 2003)

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INTERNATIONAL CONVENTIONS

TABLE OF CONTENTS

CHAPTER PAGE

I The Chicago Convention, 1944. . . . . . . . 3

II The International Air Services Transit Agreement, 1944. . . . 27

III The International Air Transport Agreement, 1944. . . . . 33

IV The Protocol on the Authentic Trilingual Text of the Convention onInternational Civil Aviation, 1944 . . . . . . . 39

V The Protocol on the Authentic Quadrilingual Text of the Convention onInternational Civil Aviation, 1944 . . . . . . . 43

VI The Warsaw Convention, 1929. . . . . . . . 47

VII The Hague Protocol, 1955 . . . . . . . . 57

VIII The Guatimala City Protocol, 1971 . . . . . . . 67

IX The Additional Protocol No. 1, 1975. . . . . . . 77

X The Additional Protocol No. 2, 1975. . . . . . . 83

XI The Additional Protocol No. 3, 1975. . . . . . . 89

XII The Montreal Protocol No. 4, 1975 . . . . . . . 95

XIII The Guadalajara Convention, 1961. . . . . . . 105

XIV The Geneva Convention, 1948. . . . . . . . 111

XV The Rome Convention, 1952 . . . . . . . . 119

XVI The Tokyo Convention, 1963 . . . . . . . . 131

XVII The Hague Convention, 1970. . . . . . . . 139

XVIII The Montreal Convention, 1971 . . . . . . . 145

XIX The Montreal Protocol, 1988 . . . . . . . . 153

XX The Montreal Convention, 1991 . . . . . . . 157

XXI The Montreal Convention, 1999 . . . . . . . 165

XXII The Cape Town Convention, 2001 . . . . . . . 181

XXIII The Cape Town Protocol, 2001. . . . . . . . 203

XXIV The Consolidated Text of the Cape Town Convention and Protocol . . 219

CHAPTER I

CONVENTION ON INTERNATIONAL CIVIL AVIATION

SIGNED AT CHICAGO ON 7 TH DECEMBER, 1944

(THE CHICAGO CONVENTION, 1944)

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[Intentionally left blank]

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PREAMBLE

WHEREAS the future development ofinternational civil aviation can greatly help tocreate and preserve friendship andunderstanding among the nations and peoplesof the world, yet its abuse can become a threatto the general security; and

WHEREAS it is desirable to avoid frictionand to promote that cooperation betweennations and peoples upon which the peace ofthe 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 ofequality of opportunity and operated soundlyand economically;

Have accordingly concluded thisConvention to that end.

PART I

AIR NAVIGATION

CHAPTER I

GENERAL PRINCIPLE ANDAPPLICATION OF THE

CONVENTION

Article 1

Sovereignty

The contracting States recognize that every

State has complete and exclusive sovereigntyover the airspace above its territory.

Article 2

Territory

For the purposes of this Convention theterritory of a State shall be deemed to be theland areas and territorial waters adjacent theretounder the sovereignty, suzerainty, protectionor mandate of such State.

Article 3

Civil 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 of a contracting Stateshall fly over the territory of another State orland thereon without authorization by specialagreement or otherwise, and in accordancewith the terms thereof.

(d) The contracting States undertake whenissuing regulations for their state aircraft, thatthey will have due regard for the safety ofnavigation of civil aircraft.

CHAPTER I

CONVENTION ON INTERNATIONAL CIVIL AVIATION

SIGNED AT CHICAGO ON 7 TH DECEMBER, 1944*

(THE CHICAGO CONVENTION, 1944)

* Came into force on 4th April, 1947, the thirtieth day after deposit with the Government of the United States of Americaof the twenty sixth instrument of ratification thereof or notification of 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.

THE CHICAGO CONVENTION, 1944 CHAP. I

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Article 3 bis*

(a) The contracting States recognize thatevery State must refrain from resorting to theuse of weapons against civil aircraft in flightand that, in case of interception, the lives ofpersons on board and the safety of aircraftmust not be endangered. This provision shallnot be interpreted as modifying in any way therights and obligations of States set forth in theCharter of the United Nations.

(b) The contracting States recognize thatevery State, in the exercise of its sovereignty,is entitled to require the landing at somedesignated airport of 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 of this Convention; it may also givesuch violations. For this purpose, thecontracting States may resort to any appropriatemeans consistent with relevant rules ofinternational law, including the relevantprovisions of this Convention, specificallyparagraph (a) of this Article. Each contractingState agrees to publish its regulations in forceregarding the interception of civil aircraft.

(c) Every civil aircraft shall comply with anorder given in conformity with paragraph (b)of 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 of businessor permanent residence in that State. Eachcontracting State shall make any violation ofsuch 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 deliberate

use of any civil aircraft registered in that Stateor operated by an operator who has his principalplace of business or permanent residence inthat State for any purpose inconsistent withthe aims of this Convention. This provisionshall not affect paragraph (a) or derogate fromparagraphs (b) and (c) of this Article.

Article 4

Misuse of civil aviation

Each contracting state agrees not to usecivil aviation for any purpose inconsistent withthe aims of this Convention.

CHAPTER II

FLIGHTS OVER TERRITORYOF CONTRACTING STATES

Article 5

Right of non-scheduled flight

Each contracting State agrees that all aircraftof the other contracting States, being aircraftnot engaged in scheduled international airservices shall have the right, subject to theobservance of the terms of this Convention, tomake flights into or in transit non-stop acrossits territory and to make stops for non-trafficpurposes without the necessity of obtainingprior permission, and subject to the right of theState flown over to require landing. Eachcontracting State nevertheless reserves theright, for reasons of safety of 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 ofpassengers, cargo, or mail for remuneration orhire on other than scheduled international airservices, shall also, subject to the provisionsof Article 7, have the privilege of taking on or

CHAP. I THE CHICAGO CONVENTION, 1944

** On 10 May, 1984, the Assembly amended the Convention by adopting the Protocol introducing Article 3 bis. UnderArticle 94(a) of the Convention, the amendment came into force on 1 October, 1998, in respect of States which ratified it.

There were 125 States party to it as on 30 June, 2003.

India has not ratified it.

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discharging passengers, cargo, or mail, subjectto the right of any State where such embarkationor discharge takes place to impose suchregulations, conditions or limitations as it mayconsider desirable.

Article 6

Scheduled air services

No scheduled international air service maybe operated over or into the territory of acontracting State, except with the specialpermission or other authorization of that State,and in accordance with the terms of suchpermission or authorization.

Article 7

Cabotage

Each contracting State shall have the rightto refuse permission to the aircraft of 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 of any other State, and not to obtain anysuch exclusive privilege from any other State.

Article 8

Pilotless aircraft

No aircraft capable of being flown withouta pilot shall be flown without a pilot over theterritory of a contracting State without specialauthorization by that State and in accordancewith the terms of such authorization. Eachcontracting State undertakes to insure that theflight of such aircraft without a pilot in regionsopen to civil aircraft shall be so controlled asto obviate danger to civil aircraft.

Article 9

Prohibited areas

(a) Each contracting State may, for reasonsof military necessity or public safety, restrictor prohibit uniformly the aircraft of other States

from flying over certain areas of its territory,provided that no distinction in this respect ismade between the aircraft of the State whoseterritory is involved, engaged in internationalscheduled airline services, and the aircraft ofthe other contracting States likewise engaged.Such prohibited areas shall be of reasonableextent and location so as not to interfereunnecessarily with air navigation. Descriptionsof such prohibited areas in the territory of acontracting State, as well as any subsequentalterations therein, shall be communicated assoon as possible to the other contracting Statesand to the International Civil AviationOrganization.

(b) Each contracting State reserves alsothe right, in exceptional circumstances orduring a period of emergency, or in the interestof public safety, and with immediate effect,temporarily to restrict or prohibit flying overthe whole or any part of its territory, oncondition that such restriction or prohibitionshall be applicable without distinction ofnationality to aircraft of 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 10

Landing at customs airport

Except in a case where, under the terms ofthis Convention or a special authorization,aircraft are permitted to cross the territory of acontracting State without landing, every aircraftwhich enters the territory of a contracting Stateshall, if the regulations of that State so require,land at an airport designated by that State forthe purpose of customs and other examination.On departure from the territory of a contractingState, such aircraft shall depart from a similarlydesignated customs airport. Particulars of alldesignated customs airports shall be publishedby the State and transmitted to the InternationalCivil Aviation Organization established under


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Part II of this Convention for communicationto all other contracting States.

Article 11

Applicability of air regulations

Subject to the provisions of this Convention,the laws and regulations of a contracting Staterelating to the admission to or departure fromits territory of aircraft engaged in internationalair navigation, or to the operation andnavigation of such aircraft while within itsterritory, shall be applied to the aircraft of allcontracting States without distinction as tonationality, and shall be complied with bysuch aircraft upon entering or departing fromor while within the territory of that State.

Article 12

Rules of the air

Each 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 of 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 of all persons violatingthe regulations applicable.

Article 13

Entry and clearance regulations

The laws and regulations of a contractingState as to the admission to or departure fromits territory of passengers, crew or cargo ofaircraft, such as regulations relating to entry,clearance, immigration, passports, customs, andquarantine shall be complied with by or onbehalf of such passengers, crew or cargo uponentrance into or departure from, or while withinthe territory of that State.

Article 14

`Prevention of spread of disease

Each contracting State agrees to takeeffective measures to prevent the spread bymeans of air navigation of 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 of any existinginternational convention on this subject towhich the contracting States may be parties.

Article 15

Airport and similar charges

Every airport in a contracting State whichis open to public use by its national aircraftshall likewise, subject to the provisions ofArticle 68, be open under uniform conditionsto the aircraft of all the other contracting States.The like uniform conditions shall apply to theuse, by aircraft of every contracting State, ofall air navigation facilities, including radioand meteorological services, which may beprovided for public use for the safety andexpedition of air navigation.

Any charges that may be imposed orpermitted to be imposed by a contracting Statefor the use of such airports and air navigationfacilities by the aircraft of 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 ofthe 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.


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Article 21

Report of registrations

Each contracting State undertakes to supplyto any other contracting State or to theInternational Civil Aviation Organization, ondemand, information concerning theregistration and ownership of any particularaircraft registered in that State. In addition,each contracting State shall furnish reports tothe International Civil Aviation Organization,under such regulations as the latter mayprescribe, giving such pertinent data as can bemade available concerning the ownership andcontrol of aircraft registered in that State andhabitually engaged in international airnavigation. The data thus obtained by theInternational Civil Aviation Organization shallbe made available by it on request to the othercontracting States.

CHAPTER IV

MEASURES TO FACILITATEAIR NAVIGATION

Article 22

Facilitation of formalities

Each contracting State agrees to adopt allpracticable measures, through the issuance ofspecial regulations or otherwise, to facilitateand expedite navigation by aircraft betweenthe territories of contracting States, and toprevent unnecessary delays to aircraft, crews,passengers and cargo, especially in theadministration of the laws relating toimmigration, quarantine, customs andclearance.

Article 23

Customs and immigration procedures

Each 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 of customs-free airports.

All such charges shall be published andcommunicated to the International CivilAviation Organization,: provided that, uponrepresentation by an interested contractingState, the charges imposed for the use of airportsand other facilities shall be subject to reviewby the Council, which shall report and makerecommendations thereon for the considerationof the State or States concerned. No fees, duesor other charges shall be imposed by anycontracting State in respect solely of the rightof transit over or entry into or exit from itsterritory of any aircraft of a contracting Stateor persons or property thereon.

Article 16

Search of aircraft

The appropriate authorities of each of thecontracting States shall have the right, withoutunreasonable delay, to search aircraft of theother contracting States on landing or departure,and to inspect the certificates and otherdocuments prescribed by this Convention.

CHAPTER III

NATIONALITY OF AIRCRAFT

Article 17

Nationality of aircraft

Aircraft have the nationality of the State inwhich they are registered.

Article 18

Dual registration

An aircraft cannot be validly registered inmore than one State, but its registration may bechanged from one State to another.

Article 19

National laws governing registration

The registration or transfer of registration ofaircraft in any contracting State shall be made inaccordance with its laws and regulations.

Article 20

Display of marks

Every aircraft engaged in international airnavigation shall bear its appropriate nationalityand registration marks.


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Article 24

Customs duty

(a) Aircraft on a flight to, from, or acrossthe territory of another contracting State shallbe admitted temporarily free of duty, subject tothe customs regulations of the State, Fuel,lubricating oils, spare parts, regular equipmentand aircraft stores on board an aircraft of acontracting State, on arrival in the territory ofanother contracting State and retained on boardon leaving the territory of 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 of the State, whichmay require that they shall be kept undercustoms supervision.

(b) Spare parts and equipment importedinto the territory of a contracting State forincorporation in or use on an aircraft of anothercontracting State engaged in international airnavigation shall be admitted free of customsduty, subject to compliance with the regulationsof the State concerned, which may providethat the articles shall be kept under customssupervision and control.

Article 25

Aircraft in distress

Each contracting State undertakes toprovide such measures of assistance to aircraftin distress in its territory as it may findpracticable, and to permit, subject to controlby its own authorities, the owners of the aircraftor authorities of the State in which the aircraftis registered to provide such measures ofassistance 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.

Article 26

Investigation of accidents

In the event of an accident to an aircraft ofa contracting State occurring in the territory ofanother 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 ofthe accident, in accordance, so far as its lawspermit, with the procedure which may berecommended by the International CivilAviation 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 27

Exemption from seizure on patent claims

(a) While engaged in international airnavigation, any authorized entry of aircraft ofa contracting State into the territory of anothercontracting State or authorized transit acrossthe territory of such State with or withoutlandings shall not entail any seizure or detentionof the aircraft or any claim against the owneror operator thereof or any other interferencetherewith by or on behalf of such State or anyperson therein, on the ground that theconstruction, mechanism, parts, accessoriesor operation of the aircraft is an infringementof any patent, design, or model duly granted orregistered in the State whose territory is enteredby the aircraft, it being agreed that no depositof security in connection with the foregoingexemption from seizure or detention of theaircraft shall in any case be required in theState entered by such aircraft.

(b) The provisions of paragraph (a) of thisArticle shall also be applicable to the storageof spare parts and spare equipment for theaircraft and the right to use and install the same


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in the repair of an aircraft of a contractingState in the territory of 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 of this Article shall applyonly to such States, parties to this Convention,as either (1) are parties to the InternationalConvention for the Protection of IndustrialProperty and to any amendments thereof; or(2) have enacted patent laws which recognizeand give adequate protection to inventionsmade by the nationals of the other States partiesto this Convention.

Article 28

Air navigation facilities and standard systems

Each 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 ofcommunications 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 of aeronauticalmaps and charts in accordance withstandards which may be recommendedor established from time to time,pursuant to this Convention.

CHAPTER V

CONDITIONS TO BEFULFILLED WITH RESPECT

TO AIRCRAFT

Article 29

Documents carried in aircraft

Every aircraft of a contracting State,engaged in international navigation, shall carrythe following documents in conformity withthe conditions prescribed in this Convention:

(a) Its certificate of registration;

(b) Its certificate of airworthiness;

(c) The appropriate licences for eachmember of 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 of theirnames and places of embarkation anddestination;

(g) If it carries cargo, a manifest and detaileddeclarations of the cargo.

Article 30

Aircraft radio equipment

(a) Aircraft of each contracting State may,in or over the territory of other contractingStates, carry radio transmitting apparatus onlyif a licence to install and operate such apparatushas been issued by the appropriate authoritiesof the State in which the aircraft is registered.The use of radio transmitting apparatus in theterritory of 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 of the flight crew whoare provided with a special licence for thepurpose, issued by the appropriate authoritiesof the State in which the aircraft is registered.


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Article 31

Certificates of airworthiness

Every aircraft engaged in internationalnavigation shall be provided with a certificateof airworthiness issued or rendered valid bythe State in which it is registered.

Article 32

Licences of personnel

(a) The pilot of every aircraft and the othermembers of the operating crew of every aircraftengaged in international navigation shall beprovided with certificates of 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 of flightabove its own territory, certificates ofcompetency and licences granted to any of itsnationals by another contracting State.

Article 33

Recognition of certificates and licences

Certificates of airworthiness and certificateof 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 34

Journey log books

There shall be maintained in respect ofevery aircraft engaged in internationalnavigation a journey log book in which shallbe entered particulars of the aircraft, its crewand of each journey, in such form as may beprescribed from time to time pursuant to thisConvention.

Article 35

Cargo restrictions

(a) No munitions of war or implements ofwar may be carried in or above the territory ofa State in aircraft engaged in internationalnavigation, except by permission of such State.Each State shall determine by regulations whatconstitutes munitions of war or implements ofwar for the purposes of this Article, giving dueconsideration, for the purposes of uniformity,to such recommendations as the InternationalCivil Aviation Organization may from time totime make.

(b) Each contracting State reserves the right,for reasons of public order and safety, toregulate or prohibit the carriage in or above itsterritory of articles other than those enumeratedin paragraph (a): provided that no distinctionis made in this respect between its nationalaircraft engaged in international navigationand the aircraft of the other States so engaged;and provided further that no restriction shallbe imposed which may interfere with thecarriage and use on aircraft of apparatusnecessary for the operation or navigation ofthe aircraft or the safety of the personnel orpassengers.

Article 36

Photographic apparatus

Each contracting State may prohibit orregulate the use of photographic apparatus inaircraft over its territory.

CHAPTER VI

INTERNATIONAL STANDARDS

AND RECOMMENDED PRACTICES

Article 37

Adoption of international standards andprocedures

Each contracting State undertakes tocollaborate in securing the highest practicable


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degree of 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 Civil AviationOrganization 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 of airport and landingareas;

(c) Rules of the air and air traffic controlpractices;

(d) Licensing of operating and mechanicalpersonnel;

(e) Airworthiness of aircraft;

(f) Registration and identification ofaircraft;

(g) Collection and exchange ofmeteorological information;

(h) Log books;

(i) Aeronautical maps and charts;

(j) Customs and immigration procedures;

(k) Aircraft in distress and investigation ofaccidents;

and such other matters concerned with thesafety, regularity, and efficiency of airnavigation as may from time to time appearappropriate.

Article 38

Departures from international standards andprocedures

Any 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 of the latter, or which deems itnecessary to adopt regulations or practices

differing in any particular respect from thoseestablished by an international standard, shallgive immediate notification to the InternationalCivil Aviation Organization of the differencesbetween its own practice and that established bythe International standard. In the case ofamendments to international standards, any Statewhich does not make the appropriate amendmentsto its own regulations or practices shall givenotice to the Council within sixty days of theadoption of 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 of thedifference which exists between one or morefeatures of an international standard and thecorresponding national practice of that State.

Article 39

Endorsement of certificates and licences

(a) Any aircraft or part thereof with respectto which there exists an international standardof airworthiness or performance, and whichfailed in any respect to satisfy that standard atthe time of its certification, shall have endorsedon or attached to its airworthiness certificate acomplete enumeration of the details in respectof 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 classof licence or certificate which he holds shallhave endorsed on or attached to his licence acomplete enumeration of the particulars inwhich he does not satisfy such conditions.

Article 40

Validity of endorsed certificates and licences

No aircraft or personnel having certificatesor licences so endorsed shall participate ininternational navigation, except with thepermission of the State or States whose territoryis entered. The registration or use of any suchaircraft, or of any certificated aircraft part, inany State other than that in which it wasoriginally certificated shall be at the discretionof the State into which the aircraft or part isimported.


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Article 41

Recognition of existing standards ofairworthiness

The provisions of this Chapter shall notapply to aircraft and aircraft equipment of typesof which the prototype is submitted to theappropriate national authorities for certificationprior to a date three years after the date ofadoption of an international standard ofairworthiness for such equipment.

Article 42

Recognition of existing standards ofcompetency of personnel

The provisions of this Chapter shall notapply to personnel whose licences are originallyissued prior to a date one year after initialadoption of an international standard ofqualification for such personnel; but they shallin any case apply to all personnel whose licencesremain valid five years after the date of adoptionof such standard.

PART II

THE INTERNATIONAL CIVILAVIATION ORGANIZATION

CHAPTER VII

THE ORGANIZATION

Article 43

Name and composition

An organization to be named theInternational Civil Aviation Organization isformed by the Convention. It is made up of anAssembly, a Council, and such other bodies asmay be necessary.

Article 44

Objectives

The aims and objectives of the Organizationare to develop the principles and techniques ofinternational air navigation and to foster theplanning and development of international airtransport so as to :

(a) Insure the safe and orderly growth ofinternational civil aviation throughoutthe world;

(b) Encourage the arts of aircraft designand operation for peaceful purposes;

(c) Encourage the development of airways,airports, and air navigation facilitiesfor international civil aviation;

(d) Meet the needs of the peoples of theworld for safe, regular, efficient andeconomical air transport;

(e) Prevent economic waste caused byunreasonable competition;

(f) Insure that the right of contracting Statesare fully respected and that everycontracting State has a fair opportunityto operate international airlines;

(g) Avoid discrimination betweencontracting States;

(h) Promote safety of flight in internationalair navigation;

(i) Promote generally the development ofall aspects of international civilaeronautics.

Article 45 *

Permanent seat

The permanent seat of the Organizationshall be at such place as shall be determined atthe final meeting of the Interim Assembly ofthe Provisional International Civil Aviation


* 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 of the Convention reads as follows:

“ The permanent seat of the organization shall be at such place as shall be determined at the final meeting of the InterimAssembly of the Provisional International Civil Aviation Organization set up by the Interim Agreement on InternationalCivil Aviation signed at Chicago on December 7, 1944. The seat may be temporarily transferred elsewhere by decisionof the Council.”

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Organization set up by the Interim Agreementon International Civil Aviation signed atChicago on December 7, 1944. The seat maybe temporarily transferred elsewhere bydecision of the Council, and otherwise thantemporarily by decisions of the Assembly, suchdecision to be taken by the number of votesspecified by the Assembly. The number ofvotes so specified will not be less than three-fifths of the total number of contracting States.

Article 46

First meeting of Assembly

The first meeting of the Assembly shall besummoned by the interim Council of 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 47

Legal Capacity

The Organization shall enjoy in the territoryof each contracting State such legal capacityas may be necessary for the performance of itsfunctions. Full juridical personality shall begranted wherever compatible with theconstitution and laws of the State concerned.

CHAPTER VIII

THE ASSEMBLY

Article 48

Meetings of Assembly and voting

(a) The Assembly shall meet not less thanonce in three years and shall be convened by

the Council at a suitable time and place. Anextraordinary meeting of the Assembly may beheld at any time upon the call of the Council orat the request of not less than one-fifth of thetotal number of contracting States addressedto the Secretary General.*

(b) All Contracting States shall have anequal right to be represented at the meetings ofthe 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 of the contracting States isrequired to constitute a quorum for the meetingsof the Assembly. Unless otherwise provided inthis Convention, decisions of the Assemblyshall be taken by a majority of the votes cast.

Article 49

Powers and duties of Assembly

The powers and duties of the Assemblyshall be to:

(a) Elect at each meeting its President andother officers;

(b) Elect the contracting States to berepresented on the Council, inaccordance with the provisions ofChapter IX;

(c) Examine and take appropriate actionon the reports of the Council and decideon any matter referred to it by theCouncil;


* This is the text of the Article as amended by the 14th Session of the Assembly on 14 September, 1962. It entered intoforce on 11 September, 1975. Under Article 94(a) of the Convention, the amended text is in force in respect of 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 of this Article as amended by the 8th Session of 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 of the Assembly may be held at any time upon the call of the council or at the requestof any ten contracting States addressed to the Secretary General.”

As on 30 June, 2003 it has been ratified by 136 States.

India ratified it on 19 January, 1955.

The original unamended text of 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 of the Assembly may be held at any time upon the call of the Council or at the request of any ten contractingStates addressed to the Secretary General.

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(d) Determine its own rules of procedureand establish such subsidiarycommissions as it may consider to benecessary or desirable;

(e) Vote annual budgets and determine thefinancial arrangements of theOrganization, in accordance with theprovisions of Chapter XII; *

(f) Review expenditures and approve theaccounts of the Organization;

(g) Refer, at its discretion, to the Council,to subsidiary commissions, or to anyother body any matter within its sphereof action;

(h) Delegate to the Council the powers andauthority necessary or desirable for thedischarge of the duties of theOrganization and revoke or modify thedelegations of authority at any time;

(i) Carry out the appropriate provisions ofChapter XIII;

(j) Consider proposals for the modificationor amendment of the provisions of thisConvention and, if it approves of theproposals, recommend them to thecontracting States in accordance withthe provisions of Chapter XXI;

(k) Deal with any matter within the sphereof action of the Organization notspecifically assigned to the Council.

CHAPTER IX

THE COUNCIL

Article 50

Composition and election of Council

(a) The Council shall be a permanent bodyresponsible to the Assembly. It shall becomposed of thirty-six contracting Stateselected by the Assembly. An election shall beheld at the first meeting of the Assembly andthereafter every three years, and the membersof the Council so elected shall hold office untilthe next following election. **

(b) In electing the members of the Council,the Assembly shall give adequate representationto (1) the States of chief importance in airtransport; (2) the States not otherwise includedwhich make the largest contribution to theprovision of facilities for international civil airnavigation,; and (3) the States not otherwiseincluded whose designation will insure that allthe major geographic areas of 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 office for the


* This is the text of the Article as amended by the Eighth Session of the Assembly on 14 June, 1954. It entered into forceon 12 December, 1956. Under Article 94(a) of the Convention, the amended text is in force in respect of those Stateswhich have ratified the amendment.

As on 30 June, 2003 there were 136 contracting States party to this.


In respect of 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 of the Organization, in accordance with theprovisions of Chapter XII;”.

** This is the text of the Article as amended by the 21st Session of the Assembly on 16 October 1974, It entered into forceon 15 February, 1980. The original text of the Convention provided for twenty-one Members of the Council. The textwas subsequently amended at the 13th (Extraordinary) Session of the Assembly on 19 June, 1961; that amendmententered into force on 17 July, 1962 and provided for twenty-seven Members of the Council: a further amendment wasapproved by the 17th (A) (Extraordinary) Session of the Assembly on 12 March, 1971 providing for thirty Members ofthe 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.

17

unexpired portion of its predecessor’s term ofoffice.

(c) No representative of a contracting Stateon the Council shall be actively associatedwith the operation of an international air serviceor financially interested in such a service.

Article 51

President of Council

The Council shall elect its President for aterm of 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 of the members of the Councilbut, if a representative is elected, his seat shallbe deemed vacant and it shall be filled by theState which he represented. The duties of thePresident shall be to:

(a) Convene meetings of the Council, theAir Transport Committee, and the AirNavigation Commission;

(b) Serve as representative of the Council;and

(c) Carry out on behalf of the Council thefunctions which the Council assigns tohim.

Article 52

Voting in Council

Decisions by the Council shall requireapproval by a majority of its members. TheCouncil may delegate authority with respect toany particular matter to a committee of itsmembers. Decisions of any committee of theCouncil may be appealed to the Council by anyinterested contracting State.

Article 53

Participation without a vote

Any contracting State may participate,without a vote, in the consideration by the

Council and by its committees and commissionsof any question which especially affects itsinterests. No member of the Council shall votein the consideration by the Council of a disputeto which it is a party.

Article 54

Mandatory functions of Council

The Council shall :

(a) Submit annual reports to the Assembly;

(b) Carry out the directions of the Assemblyand discharge the duties and obligationswhich are laid on it by this Convention;

(c) Determine its organization and rules ofprocedure;

(d) Appoint and define the duties of an AirTransport Committee, which shall bechosen from among the representativesof the members of the Council, andwhich shall be responsible to it;

(e) Establish an Air NavigationCommission, in accordance with theprovisions of Chapter X;

(f) Administer the Finances of theOrganization in accordance with theprovisions of Chapters XII and XV;

(g) Determine the emoluments of thePresident of the Council;

(h) Appoint a chief executive officer whoshall be called the Secretary General,and make provision for the appointmentof such other personnel as may benecessary, in accordance with theprovisions of Chapter XI;

(i) Request, collect, examine and publishinformation relating to the advancementof air navigation and the operation ofinternational air services, includinginformation about the costs of operationand particulars of subsidies paid toairlines from public funds;

(j) Report to contracting States anyinfraction of this Convention, as well as


18

any failure to carry out recommendationsor determinations of the Council;

(k) Report to the Assembly any infractionof this Convention where a contractingState has failed to take appropriate actionwithin a reasonable time after notice ofthe infraction;

(l) Adopt, in accordance with the provisionsof Chapter VI of this Convention,international standards andrecommended practices; forconvenience, designate them as Annexesto this Convention; and notify allcontracting States of the action taken;

(m) Consider recommendations of the Airnavigation Commission for amendmentof the Annexes and take action inaccordance with the provisions ofChapter XX;

(n) Consider any matter relating to theConvention which any contracting Staterefers to it.

Article 55

Permissive functions of Council

The Council may :

(a) Where appropriate and as experiencemay show to be desirable, createsubordinate air transport commissionson a regional or other basis and definegroups of states or airlines with orthrough which it may deal to facilitatethe carrying out of the aims of thisConvention;

(b) Delegate to the Air NavigationCommission duties additional to thoseset forth in the Convention and revokeor modify such delegations of authority

at any time;

(c) Conduct research into all aspects of airtransport and air navigation which areof international importance,communicate the results of its researchto the contracting States, and facilitatethe exchange of information betweencontracting States on air transport andair navigation matters;

(d) Study any matters affecting theorganization and operation ofinternational air transport, including theinternational ownership and operationof international air services on trunkroutes, and submit to the Assembly plansin relation thereto;

(e) Investigate, at the request of anycontracting State, any situation whichmay appear to present avoidableobstacles to the development ofinternational air navigation; and, aftersuch investigation, issue such report asmay appear to it desirable.

CHAPTER X

THE AIR NAVIGATIONCOMMISSION

Article 56

Nomination and appointment of Commission

The Air Navigation Commission shall becomposed of fifteen members appointed bythe Council from among persons nominated bycontracting States. These persons shall havesuitable qualifications and experience in thescience and practice of aeronautics. TheCouncil shall request all contracting States tosubmit nominations. The President of the AirNavigation Commission shall be appointed bythe Council.*


* This is the text of the Article as amended at the 18th Session of the Assembly on 7 July, 1971. It entered into force on19 December, 1974. The original text of the Convention provided for twelve members of the Air Navigation Commission.

As on 30 June, 2003 there were 127 States party to it.

India ratified it on 21 December, 1971

Next amendment was carried out on 6 October, 1989. This has not been entered into force due to insufficient number ofratifications.


India ratified it on 1 September, 1992.

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Article 57

Duties of Commission

The Air Navigation Commission shall :

(a) Consider, and recommend to theCouncil for adoption, modifications ofthe 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 of all informationwhich it considers necessary and usefulfor the advancement of air navigation.

CHAPTER XI

PERSONNEL

Article 58

Appointment of personnel

Subject to any rules laid down by theAssembly and to the provisions of thisConvention, the Council shall determine themethod of appointment and of termination ofappointment, the training, and the salaries,allowances, and conditions of service of theSecretary General and other personnel of theOrganization, and may employ or make use ofthe services of nationals of any contractingState.

Article 59

International character of personnel

The President of the Council, the SecretaryGeneral, and other personnel shall not seek orreceive instructions in regard to the dischargeof their responsibilities from any authority

external to the Organization. Each contractingState undertakes fully to respect theinternational character of the responsibilitiesof the personnel and not to seek to influenceany of its nationals in the discharge of theirresponsibilities.

Article 60

Immunities and privileges of personnel

Each contracting State undertakes, so faras possible under its constitutional procedure,to accord to the President of the Council, theSecretary General, and the other personnel ofthe Organization, the immunities and privilegeswhich are accorded to corresponding personnelof the public international organizations. If ageneral international agreement on theimmunities and privileges of international civilservants is arrived at, the immunities andprivileges accorded to the President, theSecretary General, and the other personnel ofthe Organization shall be the immunities andprivileges accorded under that generalinternational agreement.

CHAPTER XII

FINANCE

Article 61 *

Budget and apportionment of expenses

The Council shall submit to the Assemblyannual budgets, annual statements of accountsand estimates of all receipts and expenditures.The Assembly shall vote the budgets withwhatever modification it sees fit to prescribe,and, with the exception of assessments underChapter XV to States consenting thereto, shallapportion the expenses of the Organizationamong the contracting States on the basis whichit shall from time to time determine.


* This is the text of the Article as amended by the Eighth Session of 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) of the Convention, the amended text is in force in respect of those States which haveratified the amendment. In respect of 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 of accounts and estimates of allreceipts and expenditures. The Assembly shall vote the budget with whatever modification it sees fit to prescribe, and,with the exception of assessments under Chapter XV to States consenting thereto, shall apportion the expenses of theOrganization among the contracting States on the basis which it shall from time to time determine.”

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Article 62Suspension of voting power

The Assembly may suspend the voting powerin the Assembly and in the Council of anycontract-ing State that fails to discharge withina reasonable period its financial obligations tothe Organization.

Article 63Expenses of delegations and other representatives

Each contracting State shall bear theexpenses of its own delegation to the Assemblyand the remuneration, travel, and otherexpenses of any person whom it appoints toserve on the Council, and of its nominees orrepresentatives on any subsidiary committeesor commissions of the Organization.

CHAPTER XIII

OTHER INTERNATIONALARRANGEMENTS

Article 64Security arrangements

The Organization may, with respect to airmatters within its competence directly affectingworld security, by vote of the Assembly enterinto appropriate arrangements with any generalorganization set up by the nations of the worldto preserve peace.

Article 65

Arrangements with other international bodies

The Council, on behalf of the Organization,may enter into agreements with otherinternational bodies for the maintenance ofcommon services and for commonarrangements concerning personnel and, withthe approval of the Assembly, may enter intosuch other arrangements as may facilitate thework of the Organization.

Article 66

Functions relating to other agreements

(a) The Organization shall also carry outthe functions placed upon it by the International

Air 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 of the Assembly and theCouncil who have not accepted the InternationalAir Servi-ces Transit Agreement of 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 provisionsof the relevant Agreement.

PART III

INTERNATIONAL AIR TRANSPORT

CHAPTER XIV

INFORMATION AND REPORTS

Article 67

File reports with Council

Each 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 thereof.

CHAPTER XV

AIRPORTS AND OTHER AIRNAVIGATION FACILITIES

Article 68

Designation of routes and airports

Each contracting State may, subject to theprovisions of this Convention, designate theroute to be followed within its territory by anyinternational air service and the airports whichany such service may use.

Article 69

Improvement of air navigation facilities

If the Council is of the opinion that theairports or other air navigation facilities,including radio and meteorological services,


21

of a contracting State are not reasonablyadequate for the safe, regular, efficient, andeconomical operation of 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 guiltyof an infraction of this Convention if it fails tocarry out these recommendations.

Article 70

Financing of air navigation facilities

A contracting State, in the circumstancesarising under the provisions of Article 69, mayconclude an arrangement with the Council forgiving effect to such recommendations. TheState may elect to bear all of the costs involvedin any such arrangement. If the State does notso elect, the Council may agree, at the requestof the State, to provide for all or a portion ofthe costs.

Article 71

Provision and maintenance of facilities byCouncil

If a contracting State so request, the Councilmay agree to provide, man, maintain, andadminister any or all of the airports and otherair navigation facilities including radio andmeteorological services, required in its territoryfor the safe, regular, efficient and economicaloperation of the international air services ofthe other contracting States, and may specifyjust and reasonable charges for the use of thefacilities provided.

Article 72

Acquisition or use of land

Where land is needed for facilities financedin whole or in part by the Council at the requestof a contracting State, that State shall eitherprovide the land itself, retaining title if it wishes,or facilitate the use of the land by the Councilon just and reasonable terms and in accordancewith the laws of the State concerned.

Article 73

Expenditure and assessment of funds

Within the limit of the funds which may bemade available to it by the Assembly underChapter XII, the Council may make currentexpenditures for the purposes of this Chapterfrom the general funds of the Organization.The Council shall assess the capital fundsrequired for the purposes of this Chapter inpreviously agreed proportions over a reasonableperiod of time to the contracting Stateconsenting thereto whose airlines use thefacilities. The Council may also assess to Statesthat consent any working funds that arerequired.

Article 74

Technical assistance and utilization of revenues

When the Council, at the request of acontracting State, advances funds or providesairports or other facilities in whole or in part,the arrangement may provide, with the consentof that State, for technical assistance in thesupervision and operation of the airports andother facilities, and for the payment, from therevenues derived from the operation of theairports and other facilities of the operatingexpenses of the airports and the other facilities,and of interest and amortization charges.

Article 75

Taking over of facilities from Council

A 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 of Articles 71 and 72, by paying tothe Council an amount which in the opinion ofthe 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 of theCouncil and the Assembly may confirm oramend the decision of the Council.


22

Article 76

Return of funds

Funds obtained by the Council throughreimbursement under Article 75 and fromreceipts of interest and amortization paymentsunder Article 74 shall, in the case of advancesoriginally financed by States under Article 73,be returned to the States which were orginallyassessed in the proportion of their assessments,as determined by the Council.

CHAPTER XVI

JOINT OPERATINGORGANIZATIONS AND

POOLED SERVICES

Article 77

Joint operating organizations permitted

Nothing 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 provisionsof this Convention, including those relating tothe registration of agreements with the Council.The Council shall determine in what mannerthe provisions of this Convention relating tonationality of aircraft shall apply to aircraftoperated by international operating agencies.

Article 78

Function of Council

The Council may suggest to contractingStates concerned that they form jointorganizations to operate air services on anyroutes or in any regions.

Article 79

Participation in operating organizations

A State may participate in joint operatingorganizations or in pooling arrangements, eitherthrough its government or through an airlinecompany or companies designated by its

government. The companies may, at the solediscretion of the State concerned, be state-owned or party state-owned or privately owned.

PART IV

FINAL PROVISIONS

CHAPTER XVII

OTHER AERONAUTICALAGREEMENTS AND

ARRANGEMENTS

Article 80

Paris and Habana Conventions

Each contracting State undertakes,immediately upon the coming into force of thisConvention, to give notice of denunciation ofthe Convention relating to the Regulation ofAerial Navigation signed at Paris on October13, 1919 or the Convention on CommercialAviation signed at Habana on February 20,1928, if it is a party to either. As betweencontracting States, this Convention supersedesthe Conventions of Paris and Habana previouslyreferred to.

Article 81

Registration of existing agreements

All aeronautical agreements which are inexistence on the coming into force of thisConvention, and which are between acontracting State and any other State or betweenan airline of a contracting State and any otherState or the airline of any other State, shall beforthwith registered with the Council.

Article 82

Abrogation of inconsistent arrangements

The 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 of the Organizationhas undertaken any obligations toward a non-contracting State or a national of a contracting


23

State or a non-contracting State inconsistentwith the terms of this Convention, shall takeimmediate steps to procure its release from theobligations. If an airline of any contracting Statehas entered into any such inconsistentobligations, the State of 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 of thisConvention.

Article 83

Registration of new arrangements

Subject to the provisions of the precedingArticle, any contracting State may makearrangements not inconsistent with theprovisions of this Convention. Any sucharrangement shall be forthwith registered withthe Council, which shall make it public as soonas possible.

Article 83 bis *

Transfer of certain functions and duties

(a) Notwithstanding the provisions ofArticle 12, 30, 31 and 32(a) when an aircraftregistered in a contracting State is operatedpursuant to an agreement for the lease, charteror interchange of the aircraft or any similararrangement by an operator who has hisprincipal place of business or, if he has no suchplace of business, his permanent residence inanother contracting State, the State of registrymay, by agreement with such other State,transfer to it all or part of its functions andduties as State of registry in respect of thataircraft under Articles 12, 30, 31 and 32(a).The State of registry shall be relieved ofresponsibility in respect of the functions andduties transferred.

(b) The transfer shall not have effect inrespect of 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 of the agreement havebeen directly communicated to the authoritiesof the other contracting State or Statesconcerned by a State party to the agreement.

(c) The provisions of paragraph (a) and (b)above shall also be applicable to cases coveredby Article 77.

CHAPTER XVIII

DISPUTES AND DEFAULT

Article 84

Settlement of disputes

If any disagreement between two or morecontracting States relating to the interpretationor application of this Convention and itsAnnexes cannot be settled by negotiation, itshall, on the application of any State concernedin the disagreement, be decided by the Council.No member of the Council shall vote in theconsideration by the Council of any dispute towhich it is a party. Any contracting State may,subject to Article 85, appeal from the decisionof the Council to an ad hoc arbitral tribunalagreed upon with the other parties to the disputeor to the Permanent Court of InternationalJustice. Any such appeal shall be notified tothe Council within sixty days of receipt ofnotification of the decision of the Council.

Article 85

Arbitration procedure

If any contracting State party to a dispute inwhich the decision of the Council is under


* On 6 October 1980 the Assembly decided to amend the Chicago Convention by introducing Article 83 bis. Under Article94(a) of the Convention the amendment came into force on 20 June 1997 in respect of 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 it

India has not ratified it.

24

appeal has not accepted the Statute of thePermanent Court of International Justice andthe contracting States parties to the disputecannot agree on the choice of the arbitraltribunal, each of 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 of three months fromthe date of the appeal, an arbitrator shall benamed on behalf of that State by the Presidentof the Council from a list of qualified andavailable persons maintained by the Council.If, within thirty days, the arbitrators cannotagree on an umpire, the President of 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 of any delaywhich in the opinion of the Council is excessive.

Article 86

Appeals

Unless the Council decides otherwise anydecision by the Council on whether aninternational airline is operating in conformitywith the provisions of this Convention shallremain in effect unless reversed on appeal. Onany other matter, decisions of the Councilshall, if appealed from, be suspended until theappeal is decided. The decisions of thePermanent Court of International Justice andof an arbitral tribunal shall be final and binding.

Article 87

Penalty for non-conformity of airline

Each contracting State undertakes not toallow the operation of an airline of 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 88

Penalty for non-conformity by State

The Assembly shall suspend the votingpower in the Assembly and in the Council ofany contracting State that is found in defaultunder the provisions of this Chapter.

CHAPTER XIX

WAR

Article 89

War and emergency conditions

In case of war, the provisions of thisConvention shall not affect the freedom ofaction of any of the contracting States affected,whether as belligerents or as neutrals. Thesame principle shall apply in the case of anycontracting State which declares a state ofnational emergency and notifies the fact to theCouncil.

CHAPTER XX

ANNEXES

Article 90

Adoption and amendment of Annexes

(a) The adoption by the Council of theAnnexes described in Article 54,subparagraph (l), shall require the voteof two-thirds of the Council at a meetingcalled for that purpose and shall then besubmitted by the Council to eachcontracting State. Any such Annex orany amendment of an Annex shallbecome effective within three monthsafter its submission to the contractingStates or at the end of such longer periodof time as the Council may prescribe,unless in the meantime a majority of thecontracting States register theirdisapproval with the Council.

(b) The Council shall immediately notifyall contracting States of the coming intoforce of any Annex or amendmentthereto.


25

CHAPTER XXI

RATIFICATIONS, ADHERENCES,AMENDMENTS, AND

DENUNCIATIONS

Article 91

Ratification of Convention

(a) This Convention shall be subject toratification by the signatory States. Theinstruments of ratification shall be depositedin the archives of the Government of the UnitedStates of America, which shall give notice ofthe date of the deposit to each of 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 of the twenty-sixthinstrument. It shall come into force for eachState ratifying thereafter on the thirtieth dayafter the deposit of its instrument of ratification.

(c) It shall be the duty of the Government ofthe United States of America to notify thegovernment of each of the signatory andadhering States of the date on which thisConvention comes into force.

Article 92

Adherence to Convention

(a) This Convention shall be open foradherence by members of 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 ofthe United States of America and shall takeeffect as from the thirtieth day from the receiptof the notification by the Government of theUnited States of America, which shall notifyall the contracting States.

Article 93

Admission of other States

States other than those provided for inArticles 91 and 92 (a) may, subject to approvalby any general international organization setup by the nations of the world to preservepeace, be admitted to participation in thisConvention by means of a four-fifths vote ofthe Assembly and on such conditions as theAssembly may prescribe: provided that in eachcase the assent of any State invaded or attackedduring the present war by the State seekingadmission shall be necessary.

Article 93 bis *

(a) Notwithstanding the provisions ofArticle 91, 92 and 93 above:

(1) A State whose government the GeneralAssembly of the United Nations hasrecommended be debarred frommembership in international agenciesestablished by or brought intorelationship with the United Nationsshall automatically cease to be a memberof the International Civil AviationOrganization;

(2) A State which has been expelled frommembership in the United Nations shallautomatically cease to be a member ofthe International Civil AviationOrganization unless the GeneralAssembly of the United Nations attachesto its act of expulsion a recommendationto the contrary.

(b) A State which ceases to be a member ofthe International Civil Aviation Organizationas a result of the provisions of paragraph (a)above may, after approval by the GeneralAssembly of the United Nations, be readmittedto the International Civil Aviation Organizationupon application and upon approval by amajority of the Council.


* Signed on 27 May, 1947. Came into force on 20 March, 1961

As on 30 June, 2003 there were 105 contracting States party to this.

India ratified it on 15 December, 1947.

26

* This is the text of the final paragraph as amended by the 22nd Session of theAssembly on 30 September, 1977. It enteredinto force on 17 August, 1999. Under Article 94(a) of the Convention, the amended text is in force in respect of thoseStates which have ratified the amendment. In respect of 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 of December, 1944, in the English language. A text drawn up in the English, Frenchand Spanish languages, each of which shall be of equal authenticity, shall be open for signature at Washington, D.C. Bothtexts shall be deposited in the archives of the Government of the United States of America, and certified copies shall betransmitted by that Government to the governments of all the States which may sign or adhere to this Convention.”

(c) Members of the Organization which aresuspended from the exercise of the right andprivileges of membership in the United Nationsshall, upon the request of the latter, besuspended from the rights and privileges ofmembership in this Organization.

Article 94

Amendment of Convention

(a) Any proposed amendment to thisConvention must be approved by a two-thirdsvote of the Assembly and shall then come intoforce in respect of States which have ratifiedsuch amendment when ratified by the numberof contracting States specified by the Assembly.The number so specified shall not be less thantwo-thirds of the total number of contractingStates.

(b) If in its opinion the amendment is ofsuch 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 of the Organization anda party to the Convention.

Article 95

Denunciation of Convention

(a) Any contracting State may give noticeof denunciation of this Convention three yearsafter its coming into effect by notificationaddressed to the Government of the UnitedStates of America, which shall at once informeach of the contracting States.

(b) Denunciation shall take effect one yearfrom the date of the receipt of the notificationand shall operate only as regards the Stateeffecting the denunciation.

CHAPTER XXII

DEFINITIONS

Article 96

For the purpose of this Convention theexpression:

(a) “Air service” means any scheduled airservice performed by aircraft for thepublic transport of passengers, mail orcargo.

(b) “International air service” means an airservice which passes through the airspace over the territory of more thanone State.

(c) “Airline” means any air transportenterprise offering 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 CONVENTION

IN WITNESS WHEREOF, the undersignedplenipotentiaries, having been duly authorized,sign this Convention on behalf of theirrespective governments on the dates appearingopposite their signatures.

DONE at Chicago the seventh day ofDecember 1944, in the English language. A textdrawn up in the English, French and Spanishlanguages, each of which shall be of equalauthenticity. These texts shall be deposited inthe archives of the Government of the UnitedStates of America, and certified copies shall betransmitted by that Government to thegovernments of all the States which may sign oradhere to this Convention. This Conventionshall be open for signature at Washington, D.C.*


CHAPTER II

THE INTERNATIONAL AIR SERVICESTRANSIT AGREEMENT, 1944

27

28


29

THE INTERNATIONAL AIR SERVICES TRANSIT AGREEMENT, 1944 Chap. II

The States which sign and accept thisInternational Air Services Transit Agreement,being members of the International CivilAviation Organization, declare as follows :

Article I

Section 1

Each Contracting State grants to the othercontracting States the following freedoms ofthe air in respect of scheduled international airservices :

(1) The privilege to fly across its territorywithout landing;

(2) The privilege to land for non-trafficpurposes.

The privileges of this section shall not beapplicable with respect to airports utilized formilitary purposes to the exclusion of anyscheduled international air services. In areasof active hostilities or of military occupation,and in time of war along the supply routesleading to such areas, the exercise of suchprivileges shall be subject to the approval ofthe competent military authorities.

Section 2

The exercise of the foregoing privilegesshall be in accordance with the provisions ofthe Interim Agreement on International CivilAviation and, when it comes into force, withthe provisions of the Convention on

International Civil Aviation, both drawn up atChicago on December 7, 1944.

Section 3

A Contracting State granting to the airlinesof another Contracting State the privilege tostop for non-traffic purposes may require suchairlines to offer 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 of the aircraft, and shall be exercisedin such a manner as not to prejudice the normaloperations of the international air servicesconcerned or the rights and obligations of aContracting State.

Section 4

Each Contracting State may, subject to theprovisions of 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 of such airports and otherfacilities; these charges shall not behigher than would be paid for the use ofsuch airports and facilities by its nationalaircraft engaged in similar internationalservices provided that, upon represen-

CHAPTER II

THE INTERNATIONAL AIR SERVICES

TRANSIT AGREEMENT *

SIGNED AT CHICAGO ON 7TH DECEMBER, 1944

* The Final Act of the International Civil Aviation 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

30

Chap. II THE INTERNATIONAL AIR SERVICES TRANSIT AGREEMENT, 1944

tation by an interested Contracting State,the charges imposed for the use ofairports and other facilities shall besubject to review by the Council of theInternational Civil AviationOrganization established under theabove mentioned Convention, whichshall report and make recommendationsthereon for the consideration of the Stateor States concerned.

Section 5

Each Contracting State reserves the right towithhold or revoke a certificate or permit to anair transport enterprise of another State in anycase where it is not satisfied that substantialownership and effective control are vested innationals of a Contracting State, or in case offailure of such air transport enterprise to complywith the laws of the State over which it operates,or to perform its obligations under thisAgreement.

Article II

Section 1

A 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 of the Councilunreasonably fail to take suitable correctiveaction, the Council may recommend to theAssembly of 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 of time as itmay deem proper or until the Council shallfind that corrective action has been taken bysuch State.

Section 2

If any disagreement between two or moreContracting States relating to the interpretationor application of this Agreement cannot besettled by negotiation, the provisions of ChapterXVIII of the above-mentioned Convention shallbe applicable in the same manner as providedtherein with reference to any disagreementrelating to the interpretation or application ofthe above-mentioned Convention.

Article III

This 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 of the United States of America,which shall at once inform all other contractingStates of such notice and withdrawal.

Article IV

Pending the coming into force of 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 Civil Aviation drawn up atChicago on December 7, 1944; and referencesto the International Civil Aviation Organization,the Assembly, and the Council shall be deemedto be references to the Provisional InternationalCivil Aviation Organization, the InterimAssembly, and Interim Council respectively.

Article V

For the purposes of this Agreement"territory" shall be defined as in Article 2 ofthe above-mentioned Convention.

Article VI

The undersigned delegates to theInternational Civil Aviation Conference,convened in Chicago on November 1, 1944,have affixed their signatures to this Agreementwith the understanding that the Government of

31

the United States of America shall be informedat the earliest possible date by each of thegovernments on whose behalf the Agreementhas been signed whether signature on its behalfshall constitute an acceptance of the Agreementby that government and an obligation bindingupon it.

Any State a member of the InternationalCivil Aviation Organization may accept thepresent Agreement as an obligation bindingupon it by notification of its acceptance to theGovernment of the United States, and suchacceptance shall become effective upon thedate of the receipt of such notification by thatGovernment.

This Agreement shall come into force asbetween Contracting States upon its acceptanceby each of them. Thereafter it shall becomebinding as to each other State indicating itsacceptance to the Government of the UnitedStates on the date of the receipt of theacceptance by that Government. The

Government of the United States shall informall signatory and accepting States of the dateof all acceptances of the Agreement, and of thedate on which it comes into force for eachaccepting State.

IN WITNESS WHEREOF, the undersigned havingbeen duly authorized, sign this agreement onbehalf of their respective governments on thedates appearing opposite their respectivesignatures.

DONE at Chicago the seventh day ofDecember, 1944, in the English language. Atext drawn up in the English, French andSpanish languages, each of which shall be ofequal authenticity,* shall be opened forsignature at Washington, D.C. Both texts shallbe deposited in the archives of the Governmentof the United States of America, and certifiedcopies shall be transmitted by that Governmentto the governments of all the States which maysign or accept this Agreement.

* The Arrangement was signed in English at the International Civil Aviation Conference which took place at Chicagofrom 1 November to 7 December, 1944. No trilingual text has been opened for signature provided for in the Agreement.

THE INTERNATIONAL AIR SERVICES TRANSIT AGREEMENT, 1944 Chap. II

32


33

CHAPTER III

THE INTERNATIONAL AIR TRANPORTAGREEMENT, 1944

34


35

The States which sign and accept thisInternational Air Transport Agreement, beingmembers of the International Civil AviationOrganization, declare as follows :

Article I

Section 1

Each contracting State grants to the otherContracting States the following freedoms ofthe air in respect of 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 territoryof the State whose nationality the aircraftpossesses;

4. The privilege to take on passengers,mail and cargo destined for the territoryof the State whose nationality the aircraftpossesses;

5. The privilege to take on passengers,mail and cargo destined for the territoryof any other Contracting State and theprivilege to put down passengers, mailand cargo coming from any suchterritory.

CHAPTER III

THE INTERNATIONAL AIR TRANSPORT AGREEMENT *

SIGNED AT CHICAGO ON 7 DECEMBER, 1944

With respect to the privileges specifiedunder paragraphs (3), (4), and (5) of this section,the undertaking of each Contracting Staterelates only to through services on a routeconstituting a reasonably, direct line out fromand back to the homeland of the State whosenationality the aircraft possesses.

The privileges of this section shall not beapplicable with respect to airports utilized formilitary purposes to the exclusion of anyscheduled international air services. In areasof active hostilities or of military occupation,and in time of war along the supply routesleading to such areas, the exercise of suchprivileges shall be subject to the approval ofthe competent military authorities.

Section 2

The exercise of the foregoing privilegesshall be in accordance with the provisions ofthe Interim Agreement on International CivilAviation and, when it comes into force, withthe provisions of the Convention onInternational Civil Aviation, both drawn up atChicago on December 7, 1944.

Section 3

A Contracting State granting to the airlinesof another Contracting State the privilege tostop for non traffic purposes may require suchairlines to offer reasonable commercial serviceat the points at which such stops are made.

THE INTERNATIONAL AIR TRANSPORT AGREEMENT, 1944 Chap. III

* The Final Act of the International Civil Aviation Conference (Chicago, 1944) also included the International AirTransport Agreement. This agreement for the multilateral exchange of rights came into force in 1945 for 19 States, 8 ofwhich subsequently denounced it. One more State has since ratified the Agreement, making a total of 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.

36

Such requirement shall not involve anydiscrimination between airlines operating onthe same route, shall take into account thecapacity of the aircraft, and shall be exercisedin such a manner as not to prejudice the normaloperations of the international air servicesconcerned or the rights and obligations of anyContracting State.

Section 4

Each Contracting State shall have the rightto refuse permission to the aircraft of 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 of any other State, and not toobtain any such exclusive privilege from anyother State.

Section 5

Each Contracting State may, subject to theprovisions of 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 of such airports and otherfacilities; these charges shall not behigher than would be paid for the use ofsuch airports and facilities by its nationalaircraft engaged in similar internationalservices: provided that, uponrepresentation by an interestedContracting State, the charges imposedfor the use of airports and other facilitiesshall be subject to review by the Councilof the International Civil AviationOrganization established under theabove-mentioned Convention, whichshall report and make recommendationsthereon for the consideration of the Stateor States concerned.

Section 6

Each Contracting State reserves the rightto withhold or revoke a certificate or permit toan air transport enterprise of another State inany case where it is not satisfied that substantialownership and effective control are vested innationals of a contracting state, or in case offailure of such air transport enterprise to complywith the laws of the State over which it operates,or to perform its obligations under thisAgreement.

Article II

Section 1

The 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 of any Contracting State has enteredinto any such inconsistent obligations, the Stateof 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 of this Agreement.

Section 2

Subject to the provisions of 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 III

Each Contracting State undertakes that inthe establishment and operation of throughservices due consideration shall be given tothe interests of the other Contracting States soas not to interfere unduly with their regionalservices or to hamper the development of theirthrough services.

Chap. III THE INTERNATIONAL AIR TRANSPORT AGREEMENT, 1944

37

Article IV

Section I

Any Contracting State may by reservationattached to this Agreement at the time ofsignature or acceptance elect not to grant andreceive the rights and obligations of 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 2

A 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 of the Councilunreasonably fail to take suitable correctiveaction, the Council may recommend to theAssembly of 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 periodof time as it may deem proper or until theCouncil shall find that corrective action hasbeen taken by such State.

Section 3

If any disagreement between two or moreContracting States relating to the interpretationor application of this Agreement cannot be

settled by negotiation, the provisions of ChapterXVIII of the above-mentioned Convention shallbe applicable in the same manner as providedtherein with reference to any disagreementrelating to the interpretation or application ofthe above-mentioned Convention.

ARTICLE V

This 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 of the United States of America,which shall at once inform all other ContractingStates of such notice and withdrawal.

Article VI

Pending the coming into force of the above-mentioned Convention, 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 Civil Aviation drawn up atChicago on December 7, 1944; and referencesto the International Civil Aviation Organization,the Assembly, and the Council shall be deemedto be references to the Provisional InternationalCivil Aviation Organization, the InterimAssembly, and the Interim Council,respectively.

Article VII

For the purposes of this Agreement,“territory” shall be defined as in Article 2 ofthe above-mentioned Convention.

Article VIII

Signatures and Acceptances of Agreement

The undersigned Delegates to theInternational Civil Aviation Conference,convened in Chicago on November 1, 1944,have affixed their signatures to this Agreementwith the understanding that the Government ofthe United States of America shall be informedat the earliest possible date of each of the

THE INTERNATIONAL AIR TRANSPORT AGREEMENT, 1944 Chap. III

38

governments on whose behalf the Agreementhas been signed whether signature on its behalfshall constitute an acceptance of the Agreementby that government and an obligation bindingupon it.

Any State a member of the InternationalCivil Aviation Organization may accept thepresent Agreement as an obligation bindingupon it by notification of its acceptance to theGovernment of the United States, and suchacceptance shall become effective upon thedate of the receipt of such notification by thatGovernment.

Chap. III THE INTERNATIONAL AIR TRANSPORT AGREEMENT, 1944

This Agreement shall come into force asbetween Contracting States upon its acceptanceby each of them. Thereafter it shall becomebinding as to each other State indicating itsacceptance to the Government of the UnitedStates on the date of the receipt of theacceptance by that Government. TheGovernment of the United States shall informall signatory and accepting States of the dateof all acceptances of the Agreement, and of thedate on which it comes into force for eachaccepting State.

CHAPTER IV

THE PROTOCOL ON THE AUTHENTIC TRILINGUALTEXT OF THE CONVENTION ON INTERNATIONAL

CIVIL AVIATION, 1944

SIGNED AT BUENOS AIRES ON 24 SEPTEMBER, 1968

39

40


41

THE UNDERSIGNED GOVERNMENTS

CONSIDERING that the last paragraph of theConvention on International Civil Aviation,hereinafter called “the Convention”, providesthat a text of the Convention, drawn up in theEnglish, French and Spanish languages, eachof which shall be of equal authenticity, shall beopen for signature;

CONSIDERING that the Convention was openedfor signature, at Chicago, on the seventh day ofDecember 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 of the Convention in the French andSpanish languages should not incorporate thoseamendments because, in accordance withArticle 94(a) of the Convention, each suchamendment can come into force only in respectof any State which has ratified it;

HAVE AGREED as follows:

Article I

The text of the Convention in the Frenchand Spanish languages annexed to this

Protocol, together with the text of theConvention in the English language, constitutesthe text equally authentic in the three languagesas specifically referred to in the last paragraphof the Convention.

Article II

If a State party to this Protocol has ratifiedor in the future ratifies any amendment madeto the Convention in accordance with Article94(a) thereof, then the text of 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 of the InternationalCivil Aviation 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 of September 1968 and thereafterat Washington, D.C.

CHAPTER IV

THE PROTOCOL ON THE AUTHENTIC TRILINGUALTEXT OF THE CONVENTION ON INTERNATIONAL

CIVIL AVIATION (CHICAGO, 1944) *

SIGNED AT BUENOS AIRES ON 24 SEPTEMBER, 1968

* 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.

THE PROTOCOL ON THE AUTHENTIC TRILINGUAL TEXT OF THE CONVENTION ON INTERNATIONAL CIVIL AVIATION, 1968 CHAP. IV

42

(3) Acceptance shall be effected by thedeposit of an instrument of acceptance withthe Government of the United States ofAmerica.

(4) Adherence to or ratification or approvalof this Protocol shall be deemed to beacceptance thereof.

Article IV

(1) This Protocol shall come into force onthe thirtieth day after twelve States shall, inaccordance with the provisions of 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 of its signaturewithout reservation as to acceptance or of itsacceptance.

Article V

Any future adherence of a State to theConvention shall be deemed to be acceptanceof this Protocol.

Article VI

As soon as this Protocol comes into force,it shall be registered with the United Nationsand with the International Civil AviationOrganization by the Government of the UnitedStates of 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 VIII

The Government of the United States ofAmerica shall give notice to all States membersof the International Civil Aviation Organizationand to the Organization itself :

(a) of any signature of this Protocol and thedate thereof, with an indication whetherthe signature is with or withoutreservation as to acceptance;

(b) of the deposit of any instrument ofacceptance and the date thereof;

(c) of the date on which this Protocol comesinto force in accordance with theprovisions of Article IV, paragraph 1.

Article IX

This Protocol, drawn up in the English,French and Spanish languages, each text beingequally authentic, shall be deposited in thearchives of the Government of the United Statesof America, which shall transmit duly certifiedcopies thereof to the Government of the Statesmembers of the International Civil AviationOrganization.

IN WITNESS WHEREOF, the undersignedPlenipotentiaries, duly authorized, have signedthis Protocol.

DONE AT Buenos Aires this twenty-fourthday of September, one thousand nine hundredand sixty-eight.

CHAP. IV THE PROTOCOL ON THE AUTHENTIC TRILINGUAL TEXT OF THE CONVENTION ON INTERNATIONAL CIVIL AVIATION, 1968

43

CHAPTER V

THE PROTOCOL ON THE AUTHENTICQUADRILINGUAL TEXT OF THE CONVENTION ON

INTERNATIONAL CIVIL AVIATION, 1968

SIGNED AT MONTREAL ON 30 SEPTEMBER, 1977

44


45

CHAPTER V

THE PROTOCOL ON THE AUTHENTIC QUADRILINGUALTEXT OF THE CONVENTION ON INTERNATIONAL

CIVIL AVIATION (CHICAGO, 1944) *

SIGNED AT MONTREAL ON 30 SEPTEMBER, 1977

THE UNDERSIGNED GOVERNMENTS

CONSIDERING that the 21st Session of theAssembly of the International Civil AviationOrganization requested the Council of thisOrganization “to undertake the necessarymeasures for the preparation of the authentictext of the Convention on International CivilAviation in the Russian language, with the aimof having it approved not later than the year1977”;

CONSIDERING that the English text of theConvention on International Civil Aviation wasopened for signature at Chicago on 7thDecember 1944;

CONSIDERING that, pursuant to the Protocolsigned at Buenos Aireson 24 September 1968on the authentic trilingual text of theConvention on International Civil Aviationdone at Chicago, 7 December 1944, the text ofthe Convention on International Civil Aviation(hereinafter called the Convention) was adoptedin the French and Spanish languages and,together with the text of the Convention in theEnglish language, consititutes the text equallyauthentic in the three languages as providedfor in the final clause of the Convention

CONSIDERING, accordingly, that it isappropriate to make the necessary provisionfor the text of the Convention to exist in theRussian language;

CONSIDERING that in making such provisionaccount must be taken of the existingamendments to the Convention in the English,French and Spanish languages, the texts ofwhich are equally authentic and that, accordingto Article 94(a) of the Convention, anyamendment can come into force only in respectof any State which has ratified it;


Article IThe text of the Convention and of the

amendments thereto in the Russian languageannexed to this Protocol, together with the textof the Convention and of the amendmentsthereto in English, French and Spanishlanguages, constitutes the text equally authenticin the four languages.

Article IIIf a State party to this Protocol has ratified

or in the future ratifies any amendment madeto the Convention in accordance with Article94(a) thereof, then the text of 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 of the International

Civil Aviation Organization may becomeparties to this Protocol either by:

THE PROTOCOL ON THE AUTHENTIC QUADRILINGUAL TEXT OF THE CONVENTION ON INTERNATIONAL CIVIL AVIATION, 1977 CHAP. V

* Came into force on 16 September, 1999.

As on 30 June, 2003 there were 77 contracting States party to it this.


46

(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 of October1977 and thereafter at Washington, D.C.

3. Acceptance shall be effected by thedeposit of an instrument of acceptance withthe Government of the United States ofAmerica.

4. Adherence to or ratification or approvalof this Protocol shall be deemed to beacceptance thereof.

Article IV

1. This Protocol shall come into force onthe thirtieth day after twelve States shall, inaccordance with the provisions of Article III,have signed it without reservation as toacceptance or accepted it and after entry intoforce of the amendment to the final clause ofthe Convention, which provides that the textof the Convention in the Russian language isof 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 of its signaturewithout reservation as to acceptance or of itsacceptance.

Article V

Any future adherence of a State to theConvention after this Protocol has entered intoforce shall be deemed to be acceptance of thisProtocol.

Article VI

Acceptance by a State of this Protocol shallnot be regarded as ratification by it of anyamendment to this Convention.

Article VII

As soon as this Protocol comes into force,it shall be registered with the United Nationsand with the International Civil AviationOrganization by the Government of the UnitedStates of America.

Article VIII

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 IX

The Government of the United States ofAmerica shall give notice to all States membersof the International Civil Aviation Organizationand to the Organization itself :

(a) of any signature of this Protocol and thedate thereof, with an indication whetherthe signature is with or withoutreservation as to acceptance;

(b) of the deposit of any instrument ofacceptance and the date thereof;

(c) of the date on which this Protocol comesinto force in accordance with theprovisions of Article IV, paragraph 1.

Article X

This Protocol, drawn up in the English,French, Russian and Spanish languages, eachtext being equally authentic, shall be depositedin the archives of the Government of the UnitedStates of America, which shall transmit dulycertified copies thereof to the Government ofthe States members of the International CivilAviation Organization.

IN WITNESS WHEREOF, the undersignedPlenipotentiaries, duly authorized, have signedthis Protocol.

DONE AT Montreal this thirtieth day ofSeptember, one thousand nine hundred andseventy-seven.

CHAP. V THE PROTOCOL ON THE AUTHENTIC QUADRILINGUAL TEXT OF THE CONVENTION ON INTERNATIONAL CIVIL AVIATION, 1977

CHAPTER VI

CONVENTION FOR THE UNIFICATION OF CERTAIN RULES

RELATING TO INTERNATIONAL CARRIAGE BY AIR

SIGNED AT WARSAW ON 12TH OCTOBER, 1929

(THE WARSAW CONVENTION , 1929)

47

48


49

CHAPTER I

SCOPE—DEFINITIONS

Article 1

1. This Convention applies to allinternational carriage of persons, luggage orgoods performed by aircraft for reward. Itapplies equally to gratuitous carriage by aircraftperformed by an air transport undertaking.

2. For the purposes of this Convention theexpression “international carriage” means anycarriage in which, according to the contractmade by the parties, the place of departure andthe place of destination, whether or not therebe a break in the carriage or a transshipment,are situated either within the territories of twoHigh Contracting Parties, or within the territoryof single High Contracting Party, if there is anagreed stopping place within a territory subjectto the sovereignty, suzerainty, mandate orauthority of 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 of the sameHigh Contracting Party is not deemed to beinternational for the purposes of thisConvention.

3. A carriage to be performed by severalsuccessive air carriers is deemed, for thepurposes of this Convention, to be oneundivided carriage, if it has been regarded bythe parties as a single operation, whether it had

been agreed upon under the form of a singlecontract or of a series of contracts, and it doesnot lost its international character merelybecause one contract or a series of contracts isto be performed entirely within a territorysubject to the sovereignty, suzerainty, mandateor authority of the same High Contracting Party.

Article 2

1. 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 of anyinternational postal Convention.

CHAPTER II

DOCUMENTS OF CARRIAGE

Section 1 – Passenger Ticket

Article 3

1. For the carriage of passengers the carriermust deliver a passenger ticket which shallcontain the following particulars:—

(a) the place and date of issue;

(b) the place of departure and of destination;

(c) the agreed stopping places, providedthat the carrier may reserve the right toalter the stopping places in case ofnecessity, and that if he exercises thatright, the alteration shall not have the

CHAPTER VI

CONVENTION FOR THE UNIFICATIONOF CERTAIN RULES RELATING TO

INTERNATIONAL CARRIAGE BY AIR*SIGNED AT WARSAW ON 12TH OCTOBER, 1929

(THE WARSAW CONVENTION , 1929)

THE WARSAW CONVENTION, 1929 CHAP. VI

* This Convention came into force on 13 February,1933.


50

effect of depriving the carriage of itsinternational character;

(d) the name and address of the carrier ofcarriers;

(e) a statement that the carriage is subjectto the rules relating to liabilityestablished by this Convention.

2. The absence, irregularity or loss of thepassenger ticket does not affect the existenceor the validity of the contract of carriage, whichshall none the less be subject to the rules ofthis Convention. Nevertheless, if the carrieraccepts a passenger without a passenger tickethaving been delivered he shall not be entitledto avail himself of those provisions of thisConvention which exclude or limit his liability.

Section 2 – Luggage Ticket

Article 4

1. For the carriage of luggage, other thansmall personal objects of 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 of issue;


(c) the name and address of the carrier orcarriers;

(d) the number of the passenger ticket;

(e) a statement that delivery of the luggagewill be made to the bearer of the luggageticket;

(f) the number and weight of the packages;

(g) the amount of 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 of theluggage ticket does not affect the existence or

the validity of the contract of carriage, whichshall none the less be subject to the rules ofthis 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 of those provisions of theConvention which exclude or limit his liability.

Section 3 – Air Consignment Note

Article 5

1. Every carrier of 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 of thisdocument does not affect the existence or thevalidity of the contract of carriage whichshall, subject to the provisions of Article 9, benone the less governed by the rules of thisConvention.

Article 6

1. 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 ofgoods.

4. The signature of the carrier may bestamped; that of the consignor may be printedor stamped.

5. If, at the request of the consignor, thecarrier makes out the air consignment note, heshall be deemed, subject to proof to thecontrary, to have done so on behalf of theConsignor.

CHAP. VI THE WARSAW CONVENTION, 1929

51

Article 7The carrier of goods has the right to require

the consignor to make out separateconsignments notes when there is more thanone package.

Article 8

The air consignment note shall contain thefollowing particulars:–

(a) the place and date of its execution;


(c) the agreed stopping places, providedthat the carrier may reserve the right toalter the stopping places in case ofnecessity, and that if he exercises thatright the alteration shall not have theeffect of depriving the carriage of itsinternational character;

(d) the name and address of the consignor;

(e) the name and address of the first carrier;

(f) the name and address of the consignee,if the case so requires;

(g) the nature of the goods;

(h) the number of the packages, the methodof packing and the particular marks ornumber upon them;

(i) the weight, the quantity and the volumeor dimensions of the goods;

(j) the apparent condition of the goods andof the packing;

(k) the freight, if it has been agreed upon,the date and place of payment, and theperson who is to pay it;

(l) if the goods are sent for payment ondelivery, the price of the goods, and, ifthe case so requires, the amount of theexpenses incurred;

(m) the amount of the value declared inaccordance with Article 22(2);

(n) the number of parts of the airconsignment note;

(o) the documents handed to the carrier toaccompany the air consignment note;

(p) the time fixed for the completion of thecarriage and a brief note of 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 9

If 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 of the provisions ofthis Convention which exclude or limit hisliability.

Article 10

1. The consignor is responsible for thecorrectness of 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 of the irregularityincorrectness or in-completeness of the saidparticulars and statements.

Article 11

1. The air consignment note is prima facieevidence of the conclusion of the contract, ofthe receipt of the goods and of the conditionsof carriage.

2. The statement in the air consignmentnote relating to the weight, dimensions andpacking of the goods, as well as those relatingto the number of packages, are prima facieevidence of the facts stated; those relating tothe quantity, volume and condition of 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 of theconsignor, or relate to the apparent conditionof the goods.


52

Article 12

1. Subject to his liability to carry out allhis obligations under the contract of carriage,the consignor has the right to dispose of thegoods by withdrawing them at the aerodromeof departure or destination, or by stoppingthem in the course of the journey on any landing,or by calling for them to be delivered at theplace of destination or in the course of thejourney to a person other than the consigneenamed in the air consignment note, or byrequiring them to be returned to the aerodromeof departure. He must not exercise this right ofdisposition in such a way as to prejudice thecarrier occasioned by the exercise of this right.

2. If it is impossible to carry out theorders of the consignor the carrier must soinform him forth with.

3. If the carrier obeys the orders of theconsignor for, the disposition of the goodswithout requiring the production of the part ofthe air consignment note delivered to the latter,he will be liable, without prejudice to his rightof recovery from the consignor, for any damagewhich may be caused thereby to any personwho is lawfully in possession of that part of airconsignment note.

4. The right conferred on the consignorceases at the moment when that of 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 of disposition.

Article 13

1. Except in the circumstances set out inthe preceding Article, the consignee is entitled,on arrival of the goods at the place of destinationto require the carrier to hand over to him theair consignment note and to deliver the goodsto him, on payment of the charges due and oncomplying with the conditions of carriage setout in the air consignment note.

2. Unless it is otherwise agreed, it is theduty of the carrier to give notice to theconsignee as soon as the goods arrive.

3. If the carrier admits the loss of thegoods, or if the goods have not arrived at theexpiration of 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 of carriage.

Article 14

The 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 of another, provided that he carriesout the obligations imposed by the contract.

Article 15

1. Article 12, 13 and 14 do not affect eitherthe relations of the consignor or the consigneewith each other or the mutual relations of thirdparties whose rights are derived either fromthe consignor or from the consignee.

2. The provisions of Article 12,13 and 14can only be varied by express provision in theair consignment note.

Article 16

1. The consignor must furnish suchinformation and attach to the air consignmentnote such document as are necessary to meetthe formalities of 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 of any suchinformation or documents unless the damageis due to the fault of the carrier or his agents.

2. The carrier is under no obligation toenquire into the correctness or sufficiency ofsuch information or documents.

CHAPTER III

LIABILITY OF THE CARRIER

Article 17

The carrier is liable for damage sustainedin the event of the death or wounding of apassenger of any other bodily injury sufferedby a passenger, if the accident which caused


53

the damage so sustained took place on boardthe aircraft or in the course of any of theoperations of embarking or disembarking.

Article 18

1. The carrier is liable for damage sustainedin the event of the destruction or loss of, or ofdamage 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 meaningof the preceding paragraph comprises the periodduring which the luggage or goods are incharge of the carrier, whether in an aerodromeor on board an aircraft, or, in the case of 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 of a contract for carriage by air,for the purpose of loading, delivery ortransshipment, any damage is presumed, subjectto proof to the contrary, to have been the resultof an event which took place during the carriageby air.

Article 19

The carrier is liable for damage occasionedby delay in the carriage by air of passengers,luggage or goods.

Article 20

1. 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 of goods and luggagethe carrier is not liable if he proves that thedamage was occasioned by negligent pilotageor negligence in the handling of the aircraft orin navigation and that in all other respects, heand his agents have taken all necessarymeasures to avoid the damage.

Article 21

If the carrier proves that the damage wascaused by or contributed to by the negligenceof the injured person the Court may, inaccordance with the provisions of its ownlaw, exonerate the carrier wholly or partlyfrom his liability.

Article 22

1. In the carriage of passengers the liabilityof the carrier for each passenger is limited tothe sum of 125,000 francs. Where, inaccordance with the law of the Court seised ofthe case, damages may be awarded in the formof periodical payments, the equivalent capitalvalue of the said payments shall not exceed125,000 francs. Nevertheless, by specialcontract, the carrier and the passenger may,agree to a higher limit of liability.

2. In the carriage of registered luggageand of goods, the liability of the carrier islimited to a sum of 250 francs per kilogram,unless the consignor has made, at the timewhen the package was handed over to thecarrier, a special declaration of 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 of which thepassenger takes charge himself the liability ofthe carrier is limited to 5,000 francs perpassenger.

4. The sums mentioned above shall bedeemed to refer to the French francs consistingof 65½ milligrams gold of millesimal fineness900. These sums may be converted into anynational currency in round figures.

Article 23

Any provision tending to relieve the carrierof liability or to fix a lower limit than thatwhich is laid down in this Convention shall benull and void, but the nullity of any suchprovision does not involve the nullity of the


54

whole contract, which shall remain subject tothe provisions of this Convention.

Article 24

1. 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 of 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 25

1. The carrier shall not be entitled to availhim self of the provisions of 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 of the Court seized of the case, isconsidered to be equivalent to wilfulmisconduct.

2. Similarly the carrier shall not be entitledto avail himself of the said provision, if thedamage is caused as aforesaid by any agent ofthe carrier acting within the scope of hisemployment.

Article 26

1. Receipt by the person entitled to deliveryof luggage or goods without complaint is primafacie evidence that the same have beendelivered in good condition and in accordancewith the document of carriage.

2. In the case of damage, the person entitledto delivery must complain to the carrierforthwith after the discovery of the damage,and, at the latest, within three days from thedate of receipt in the case of luggage andseven days from the date of receipt in the caseof goods. In the case of 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 of carriage or by separate

notice in writing despatched within the timesaforesaid.

4. Failing complaint within the timesaforesaid no action shall lie against the carrier,save in the case of fraud on his part.

Article 27

In the case of the death of the person liable,an action for damages lies in accordance withthe terms of this Convention against thoselegally representing his estate.

ARTICLE 28

1. An action for damages must be brought,at the option of the plaintiff, in the territory ofone of the High Contracting Parties, eitherbefore the Court having jurisdiction where thecarrier is ordinarily resident, or has his principalplace of business, or has an establishment bywhich the contract has been made or before theCourt having jurisdiction at the place ofdestination.

2. Questions of procedure shall begoverned by the law of the Court seised of thecase.

Article 29

1. The right to damages shall beextinguished if an action is not brought withintwo years, reckoned from the date of 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 of calculating the period oflimitation shall be determined by the law of theCourt seised of case.

Article 30

1. In the case of carriage to be performedby various successive carriers and falling withinthe definition set out in the third paragraph ofArticle 1, each carrier who accepts passengers,luggage or goods is subjected to the rules setout in this Convention of the contracting partiesto the contract of carriage in so far as thecontract deals with that part of the carriagewhich is performed under his supervision.


55

2. In the case of carriage of 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 ofaction against the first carrier, and the passengeror consignee who is entitled to delivery willhave a right of 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 IV

PROVISIONS RELATING TO

COMBINED CARRIAGE

Article 31

1. In the case of combined carriageperformed partly by air and partly by any othermode of carriage, the provisions of thisConvention apply only to the carriage by air,provided that the carriage by air falls withinthe terms of Article 1.

2. Nothing in this Convention shall preventthe parties in the case of combined carriagefrom inserting in the document of air carriageconditions relating to other modes of carriage,provided that the provisions of this Conventionare observed as regards the carriage by air.

CHAPTER V

GENERAL AND FINALPROVISIONS

Article 32

Any 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 be

applied, or by altering the rules as tojurisdiction, shall be null and void. Neverthelessfor the carriage of goods arbitration clausesare allowed, subject to this Convention, if thearbitration is to take place within one of thejurisdictions referred to in the first paragraphof Article 28.

Article 33

Nothing contained in this Convention shallprevent the carrier either from refusing to enterinto any contract of carriage, or from makingregulations which do not conflict with theprovisions of the Convention.

Article 34

This Convention does not apply tointernational carriage by air performed by wayof experimental trial by air navigationundertakings with the view to the establishmentof a regular line of air navigation, nor does itapply to carriage performed in extraordinarycircumstances outside the normal scope of anair carrier’s business.

Article 35

The expression “days” when used in theConvention means current days not workingdays.

Article 36

The Convention is drawn up in French in asingle copy which shall remain deposited inthe archives of the Ministry for Foreign Affairsof Poland and of which one duly certified copyshall be sent by the Polish Government to theGovernment of each of the High ContractingParties.

Article 37

1. This Convention shall be ratified. Theinstruments of ratification shall be depositedin the archives of the Ministry for ForeignAffairs of Poland, which will notify the depositto the Government of each of the HighContracting Parties.

2. As soon as this Convention shall havebeen ratified by five of the High Contracting


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Parties it shall come into force as betweenthem on the ninetieth day after the deposit ofthe fifth ratification. Thereafter it shall comeinto force between the High Contracting Partieswho shall have ratified and the High ContractingParty who deposits his instrument of ratificationon the ninetieth day after the deposit.

3. It shall be the duty of the Governmentthe Republic of Poland to notify to theGovernment of each of the High ContractingParties the date on which this Convention comesinto force as well as the date of the deposit ofeach ratification.

Article 38

1. 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 ofthe Republic of Poland, which will inform theGovernment of each of the High ContractingParties thereof.

3. The accession shall take effect as fromthe ninetieth day after the notification made tothe Government of the Republic of Poland.

Article 39

1. Any one of the High Contracting Partiesmay denounce this Convention by a notificationaddressed to the Government of the Republicof Poland, which will at once inform theGovernment of each of the High ContractingParties.

2. Denunciation shall take effect sixmonths after the notification of denunciation,and shall operate only as regards the Party whoshall have proceeded to denunciation.

Article 40

1. Any High Contracting Party may, at thetime of signature or of deposit of ratificationor of accession declare that the acceptancewhich he gives to this Convention does not

apply to all or any of 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 nameof 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 of hiscolonies, protectorates, territories undermandate or any other territory subject to hissovereignty or to his authority, or any otherterritory under his suzerainty.

Article 41

Any High Contracting Party shall be entitlednot earlier than two years after the coming intoforce of this Convention to call for theassembling of a new international Conferencein order to consider any improvements whichmay be made in this Convention. To this endhe will communicate with the Government ofthe 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 of Article 2)

The High Contracting Parties reserve tothemselves the right to declare at the time ofratification or of accession that the firstparagraph of Article 2 of 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, suzeraintyof authority.

CHAP. VI THE WARSAW CONVENTION , 1929

CHAPTER VII

THE PROTOCOL SIGNED AT THE HAGUE ON28TH SEPTEMBER, 1955 TO AMEND THE CONVENTIONFOR THE UNIFICATION OF CERTAIN RULES RELATING

TO INTERNATIONAL CARRIAGE BY AIRSIGNED AT WARSAW ON 12 OCTOBER, 1929

(THE HAGUE PROTOCOL, 1955)

57

58


59

THE GOVERNMENTS UNDERSIGNED

CONSIDERING that it is desirable to amendthe Convention for the Unification of CertainRules Relating to International Carriage by Airsigned at Warsaw on 12 October,


CHAPTER I

AMENDMENTS TO THECONVENTION

Article I

Article 1 of the Convention —

(a) paragraph 2 shall be deleted and replacedby the following:—

“2. For the purpose of this Convention, theexpression international carriage means anycarriage in which, according to the agreementbetween the parties, the place of departure andthe place of destination, whether or not therebe a break in the carriage or a transshipment,are situated either within the territories of twoHigh Contracting Parities or within the territoryof a single High Contracting Party if there is anagreed stopping place within the territory ofanother State, even if that State is not a HighContracting Party. Carriage between two pointswithin the territory of a single High Contracting

Party without an agreed stopping place withinthe territory of another State is not internationalcarriage for the purposes of 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 of 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 of a singlecontract or of a series of contracts, and it doesnot lose its international character merelybecause one contract or a series of contracts isto be performed entirely within the territory ofthe same State.”

Article II

In Article 2 of the Convention —

paragraph 2 shall be deleted and replacedby the following:—

“2. This Convention shall not apply tocarriage of mail and postal packages.”

Article III


(a) paragraph 1 shall be deleted and replacedby the following :—

CHAPTER VII

THE PROTOCOL SIGNED AT THE HAGUE ON 28THSEPTEMBER, 1955 TO AMEND THE CONVENTION FORTHE UNIFICATION OF CERTAIN RULES RELATING TO

INTERNATIONAL CARRIAGE BY AIR

SIGNED AT WARSAW ON 12 OCTOBER, 1929

(THE HAGUE PROTOCOL, 1955) *

* Treaty Series No.11 (1933), Cmd. 4284. Entered into force on 1 January, 1963


India has ratified it

THE HAGUE PROTOCOL, 1955 CHAP. VII

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“1. In respect of the carriage of passengersa ticket shall be delivered containing:

(a) an indication of the places of departureand destination;

(b) if the places of departure and destinationare within the territory of a single HighContracting Party, one or more agreedstopping places being within the territoryof another State, an indication of 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 of departure, theWarsaw Convention may be applicableand that the Convention governs and inmost cases limits the liability of carriersfor death or personal injury and inrespect of loss of or damage to baggage”.

(b) paragraph 2 shall be deleted and replacedby the following:—

“2. The passenger ticket shall constituteprima facie evidence of the conclusionand conditions of the contract of carriage.The absence, irregularity or loss of thepassenger ticket does not affect theexistence or the validity of the contractof carriage which shall, none the less, besubject to the rules of this Convention.Nevertheless, if with the consent of thecarrier, the passenger embarks without apassenger ticket having been delivered,or if the ticket does no include the noticerequired by paragraph 1(c) of this Article,the carrier shall not be entitled to availhim-self of the provisions of Article 22.”

Article IV


(a) paragraphs 1,2 and 3 shall be deletedand replaced by the following :—

“1. In respect of the carriage of registeredbaggage, a baggage check shall be delivered,which, unless combined with or incorporatedin a passenger ticket which complies with theprovison of Article 3, paragraph 1, shall contain:



(c) a notice to the effect that, if the carriageinvolves an ultimate destination or stopin a country other than the country ofdeparture, the Warsaw Convention maybe applicable and that the Conventiongoverns and in most cases limits theliability of carriers in respect of loss ofor damage to baggage.”

(b) paragraph 4 shall be deleted and replacedby the following :—

“2. The baggage check shall constituteprima facie evidence of the registrationof the baggage and of the conditionsof the contract of carriage. The absence,irregularity or loss of the baggage checkdoes not affect the existence orthe validity of the contract of carriagewhich shall, none the less, be subject tothe rules of this Convention.Nevertheless, if the carrier takes chargeof the baggage without a baggage checkhaving been delivered or if the baggagecheck (unless combined with orincorporated in the passenger ticketwhich complies with the provisions ofArticle 3, paragraph 1(c) does notinclude the notice required by paragraph1(c) of this Article, he shall not beentitled to avail himself of the provisionsof Article 22, paragraph 2.”

Article V


paragraph 3 shall be deleted and replacedby the following :—

“3. The carrier shall sign prior to the loadingof the cargo on board the aircraft.”

CHAP. VII THE HAGUE PROTOCOL, 1955

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Article VI

Article 8 of the Convention shall be deletedand replaced by the following:—

“The air way bill shall contain;



(c) a notice to the consignor to the effectthat, if the carriage involves an ultimatedestination or stop in a country otherthan the country of departure, theWarsaw Convention may be applicableand that the Convention governs and inmost cases limits the liability of carriersin respects of loss of or damage tocargo.”

Article VII


“If, with the consent of 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 himselfof the previsions of Article 22, paragraph2.”

Article VIII



“2. The consignor shall indemnify thecarrier against all damage suffered byhim, or any other person to whom thecarrier is liable, by reason of theirregularity, incorrectness orincompleteness of the particulars andstatements furnished by the consignor.”

Article IX

To Article 15 of the Convention —

the following paragraph shall be added:—

“3. Nothing in this Convention preventsthe issue of a negotiable air waybill.”

Article X

Paragraph 2 of Article 20 of the Conventionshall be deleted.

Article XI

Article 22 of the Convention shall be deletedand replaced by the following :—

“Article 22

1. In the carriage of persons the liability ofthe carrier for each passenger is limitedto the sum of two hundred and fiftythousand francs. Where, in accordancewith the law of court seised of the case,damages may be awarded in the form ofperiodical payments, the equivalentcapital value of the said payment shallnot exceed two hundred and fiftythousand francs. Nevertheless, byspecial contract, the carrier and thepassenger may agree to a higher limit ofliability.

2.(a) In the carriage of registered baggageand of cargo, the liability of the carrieris limited to a sum of 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 ofinterest 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 of loss, damage or delay ofpart of registered baggage or cargo, orof any object contained therein, the


62

weight to be taken into consideration indetermining the amount to which thecarrier’s liability is limited shall be onlythe total weight of the package orpackages concerned. Nevertheless,when the loss, damage or delay of a partof the registered baggage or cargo, or ofan object contained therein, affects thevalue of other packages covered by thesame baggage check or the same airwaybill, the total weight of such packageor packages shall also be taken intoconsideration in determining the limitof liability.

3. As regards objects of which thepassenger takes charge himself theliability of the carrier is limited theliability of 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 of part of the court costs andof the other expenses of the litigationincurred by the plaintiff. The foregoingprovision shall not apply if the amountof the damages awarded, excluding courtcosts and other expenses of the litigation,does not exceed the sum which thecarrier has offered in writing to theplaintiff within a period of six monthsfrom the date of the occurrence causingthe damage, or before thecommencement of the action, if that islater.

5. The sums mentioned in francs in thisArticle shall be deemed to refer to acurrency unit consisting of sixty-fiveand a half milligrams of gold ofmillesimal fineness nine hundred. Thesesums may be converted into nationalcurrencies in round figures. Conversionof the sums into national currenciesother than gold shall, in case of judicialproceedings be made according to thegold value of such currencies at the dateof the judgment.”

Article XII

In Article 23 of the Convention, the existingprovision shall be renumbered as paragraph 1and another paragraph shall be added asfollows:—

“2. Paragraph 1 of this Article shall notapply to provisions governing loss ordamage resulting from the inherentdefect, quality or vice of the cargocarried.”

Article XIII


Paragraphs 1 and 2 shall be deleted andreplaced by the following:—

“The limits of liability specified inArticle 22 shall not apply if it is provedthat the damage resulted from an act oromission of the carrier, his servants oragents, done with intent to cause damageor recklessly and with knowledge thatdamage would probably result: providedthat, in the case of such act or omissionof a servant or agent, it is also provedthat he was acting within the scope ofhis employment.”

Article XIV

After Article 25 of the Convention, thefollowing article shall be inserted :—

“Article 25 A

1. If an action is brought against a servantor agent of the carrier arising out ofdamage to which this Conventionrelates, such servant or agent, if heproves that he acted within the scope ofhis employment, shall be entitled to availhimself of the limits of liability whichthat carrier himself is entitled to invokeunder Article 22.

2. The aggregate of the amountsrecoverable from the carrier, his servantsand agents, in that case, shall not exceedthe said limits.


63

3. The provisions of paragraphs 1 and 2 ofthis article shall not apply if it is provedthat article shall not apply if it is provedthat the damage resulted from an act oromission of the servant or agent donewith intent to cause damage or recklesslyand with knowledge that damage wouldprobably result.”

Article XV



“2. In the case of damage, the person entitledto delivery must complain to the carrierforthwith after the discovery of thedamage, and, at the latest, within sevendays from the date of receipt in the caseof baggage and fourteen days from thedate of receipt in the case of cargo. Inthe case of 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 XVI


“The provisions of Article 3 to 9inclusive relating to documents ofcarriage shall not apply in the case ofcarriage performed in extra ordinarycircumstances outside the normal scopeof an air carrier’s business.”

Article XVII

After Article 40 of the Convention, thefollowing Article shall be inserted:—

“Article 40 A

1. 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 of or adherence tothe Convention has become effective

and whose denunciation thereof has notbecome effective.

2. For the purpose of the Convention theword territory means not only themetropolitan territory of State but alsoall other territories for the foreignrelations of which that State isresponsible.”

CHAPTER II

SCOPE OF APPLICATION OFTHE CONVENTION AS

AMENDED

Article XVIII

The Convention as amended by this Protocolshall apply to international carriage as definedin Article 1 of the Convention, provided thatthe places of departure and destination referredto in that Article are situated either in theterritories of two parties to this Protocol orwithin the territory of a single party to thisProtocol with an agreed stopping place withinthe territory of an other State.

CHAPTER III

FINAL CLAUSES

Article XIX

As 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 XX

Until the date on which this Protocol comesinto force in accordance with the provisions ofArticle XXII, paragraph 1, it shall remain openfor signature on behalf of 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 XXI

1. This Protocol shall be subject toratification by the signatory States.


64

2. Ratification of this Protocol by any Statewhich is not a Party to the Convention shallhave the effect of adherence to the Conventionas amended by this Protocol.

3. The instruments of ratification shall bedeposited with the Government of the People’sRepublic of Poland.

Article XXII

1. As soon as thirty signatory States havedeposited their instruments of ratification ofthis Protocol, it shall come into force betweenthem on the ninetieth day after the deposit ofthe thirtieth instrument of ratification*. It shallcome into force for each State ratifyingthereafter on the ninetieth day after the depositof its instrument of ratification.

2. As soon as this Protocol comes intoforce it shall be registered with the UnitedNations by the Government of the People’sRepublic of Poland.

Article XXIII

1. This Protocol shall, after it has come intoforce, be open for adherence by any non-signatory State.

2. Adherence to this Protocol by any Statewhich is not a Party to the Convention shallhave the effect of adherence to the Conventionas amended by this Protocol.

3. Adherence shall be effected by thedeposit of an instrument of adherence with theGovernment of the People’s Republic of Polandand shall take effect on the ninetieth day afterthe deposit.

Article XXIV

1. Any Party to this Protocol may denouncethe Protocol by notification addressed to theGovernment of the People’s Republic ofPoland.

2. Denunciation shall take effect six monthsafter the date of receipt by the Government ofthe People’s Republic of Poland of thenotification of denunciation.

3. As between of Parties to this Protocol,denunciation by any of them of the Conventionin accordance with Article 39 thereof shall notbe construed in any way as a denunciation ofthe Convention as amended by this Protocol.

Article XXV

1. This Protocol shall apply to all territoriesfor the foreign relations of which a State Partyto this Protocol is responsible, with theexception of territories in respect of which adeclaration has been made in accordance withparagraph 2 of this Article.

2. Any State may, at the time of deposit ofits instrument of ratification or adherence,declare that its acceptance of this Protocoldoes not apply to any one or more of theterritories for the foreign relations of whichsuch State is responsible.

3. Any State may subsequently, bynotification to the Government of the people’sRepublic of Poland, extend to application ofthis Protocol to any or all of the territoriesregarding which it has made a declaration inaccordance with paragraph 2 of 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 provisionsof Article XXIV, paragraph 1, separately forany or all of the territories for the foreignrelations of which such State is responsible.

Article XXVI

No reservation may be made to this Protocolexcept that a State may at any time declare bynotification addressed to the Government ofthe People’s Republic of Poland that theConvention as amended by this Protocol shallnot apply to the carriage of persons, cargo andbaggage for its military authorities on aircraft,registered in that State, the whole capacity ofwhich has been reserved by or on behalf ofsuch authorities.


* The protocol came into force on 1 August, 1963.

65

Article XXVII

The Government of the People’s Republicof Poland shall give immediate notice to theGovernments of all States signatories to theConvention or this Protocol, all States Partiesto the Convention or this Protocol, and allStates Members of the International CivilAviation Organization or of the United Nationsand to the International Civil AviationOrganization:

(a) of any signature of this Protocol andthe date thereof;

(b) of the deposit of any instrument orratification or adherence in respect ofthis Protocol and the date thereof;

(c) of the date on which this protocol comesinto force in accordance with ArticleXXII, paragraph I;

(d) of the receipt of any notification ofdenunciation and the date thereof;

(e) of the receipt of any declaration ornotification made under Article XXVand the date thereof; and

(f) of the receipt of any notification madeunder Article XXVI and the date thereof.

In WITNESS WHEREOF the undersignedPlenipotentiaries, having been duly authorized,have signed this Protocol.

DONE at The Hague on the twenty-eighthday of the month of September of the year oneThousand Nine Hundred and Fifty-five, in threeauthenitic texts in the English, French andSpanish languages. In the case of anyinconsistency, the text in the French language,in which language the Convention was drawnup, shall prevail.

This Protocol shall be deposited with theGovernment of the People's Republic of Polandwith which, in accordance with Article XX, itshall remain open for signature, and thatGovernment shall send certified copies thereofto the Government of all States signatories tothe Convention or this Protocol, all StatesParties to the Convention or this Protocol, andall States Members of the International CivilAviation Organization or of the United Nations,and to the International Civil AviationOrganization.


66


CHAPTER VIII

THE PROTOCOL SIGNED AT GUATEMALA CITY ON8TH MARCH, 1971, TO AMEND THE CONVENTION

FOR THE UNIFICATION OF CERTAIN RULES RELATING TOINTERNATIONAL CARRIAGE BY AIR SIGNED AT WARSAWON 12 OCTOBER, 1929 AS AMENDED BY THE PROTOCOL

DONE AT THE HAGUE ON 28 SEPTEMBER, 1955

(THE GUATEMALA CITY PROTOCOL, 1971)

67

68


69


Considering that it is desirable to amendthe Convention for the Unification of 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 I


Article I

The Convention which the provision of thepresent Chapter modify is the WarsawConvention as amended at The Hague in 1955.

Article II


“Article 3

1. In respect of the carriage of passengersan individual or collective document ofcarriage shall be delivered containing:


(b) if the places of departure and destinationare within the territory of a single HighContracting Party, one or more agreedstopping places being within theterritory of another State, an indicationof at least one such stopping place.

2. Any other means which would preservea record of the information indicated in (a)and (b) of the foregoing paragraph may besubstituted for the delivery of the documentreferred to in that paragraph.

3. Non-compliance with the provisions ofthe foregoing paragraphs shall not affect theexistence or the validity of the contract ofcarriage, which shall, none the less, be subjectto the rules of this Convention including thoserelating to limitation of liability.”

Article III

Article 4 of the Convention shall be deletedand replaced by following :—

“Article 4

1. In respect of the carriage of checkedbaggage, a baggage check shall be delivered,

CHAPTER VIII

THE PROTOCOL SIGNED AT GUATEMALA CITY ON8TH MARCH, 1971, TO AMEND THE CONVENTION

FOR THE UNIFICATION OF CERTAIN RULESRELATING TO INTERNATIONAL CARRIAGE BY AIR

SIGNED AT WARSAW ON 12 OCTOBER, 1929 ASAMENDED BY THE PROTOCOL DONE AT

THE HAGUE ON 28 SEPTEMBER, 1955 *

(THE GUATEMALA CITY PROTOCOL, 1971)

THE GUATEMALA CITY PROTOCOL, 1971 CHAP. VIII

* 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

70

which, unless combined with or incorporatedin a document of carriage, which complieswith the provisions of Article 3, paragraph 1,shall contain:


(b) if the places of departure and destinationare within the territory of a single HighContracting Party, one or more agreedstopping places being within the territoryof another State, an indication of atleast one such stopping place.

2. Any other means which would preservea record of the information indicated in (a) and(b) of the forgoing paragraph may be substitutedfor the delivery of the baggage check referredto in that paragraph.

(3) Non-compliance with the provisions ofthe foregoing paragraphs shall not affect theexistence or the validity of the contract ofcarriage, which shall, none the less, be subjectto the rules of this Convention including thoserelating to limitation of liability.”

Article IV

Article 17 of the Convention shall be deletedand replaced by the following :-

“Article 17

1. The carrier is liable for damage sustainedin case of death or personal injury of a passengerupon condition only that the event which causedthe death or injury took place on board theaircraft or in the course of any of the operationsof embarking or disembarking. However, thecarrier is not liable if the death or injury resultedsolely from the state of health of the passenger.

2. The carrier is liable for damage sustainedin case of destruction or loss of, or of damageto, baggage upon condition only that the eventwhich caused the destruction, loss or damagetook place on board the aircraft or in the courseof any of the operations of embarking ordisembarking or during any period within whichthe baggage was in charge of the carrier.However, the carrier is not liable if the damage

resulted solely from the inherent defect, qualityor vice of the baggage.

3. Unless otherwise specified in thisConvention the term “baggage” means bothchecked baggage and objects carried by thepassenger.”

Article V

In Article 18 of the Convention, paragraphs1 and 2 shall be deleted and replaced by thefollowing :—

“1. The carrier is liable for damage sustainedin the event of the destruction or loss of, or ofdamage to, any cargo, if the occurrence whichcaused the damage so sustained took placeduring the carriage by air.

2. The carriage by air within the meaningof the preceding paragraph comprises theperiod during which the cargo is in charge ofthe carrier, whether in an airport or on boardan aircraft, or, in the case of a landing outsidean airport, in any place whatsoever.”

Article VI


“Article 20

1. In the carriage of 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 of 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 VII


CHAP. VIII THE GUATEMALA CITY PROTOCOL, 1971

71

“Article 21

If the carrier proves that the damage wascaused or contributed to by the negligence orother wrongful act or omission of 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 ofthe 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 of that passenger.”

Article VIII

Article 22 of the Convention shall be deletedand replaced by the following:–

“Article 22

1. (a) In the carriage of persons the liabilityof the carrier is limited to the sum of onemillions five hundred thousand francs for theaggregate of the claims, however founded, inrespect of damage suffered as a result of thedeath or personal injury of each passenger.Where, in accordance with the law of the courtseised of the case, damages maybe awarded inthe form of periodic payments, the equivalentcapital value of the said payments shall notexceed one million five hundred thousandfrancs.

(b) In the case of delay in the carriage ofpersons the liability of the carrier for eachpassenger is limited to sixty two thousandfive hundred francs.

(c) In the carriage of baggage the liabilityof the carrier in the case of destruction, loss,damage or delay is limited to fifteen thousandfrancs for each passenger.

2. (a) In the carriage of cargo, the liabilityof the carrier is limited to a sum of twohundred and fifty francs per kilogram, unlessthe consignor has made, at the time when the

package was handed over to the carrier, aspecial declaration of 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 of loss, damage or delay ofpart of the cargo, or of 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 weightof the package or packages concerned.Nevertheless, when the loss, damage or delayof a part of the cargo, or of an object containedtherein, affects the value of other packagescovered by the same air waybill, the total weightof such package or packages shall also be takeninto consideration in determining the limit ofliability.

3. (a) The courts of the High ContractingParties which are not authorised under theirlaw to award the costs of 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 of the costs of the action, includinglawyers’ fees which the court considersreasonable.

(b) The cost of the action including lawyers’fees shall be awarded in accordance with sub-paragraph (a) only if the claimant gives a writtennotice to the carrier of the amount claimedincluding the particulars of the calculation ofthat amount and the carrier does not make,within a period of six months after his receiptof such notice, a written offer of settlement inan amount at least equal to the compensationawarded within the applicable limit. This periodwill be extended until the time ofcommencement of the action if that is later.

(c) The costs of the action includinglawyers’ fees shall not be taken into account inapplying the limit under this Article.


72

4. The sums mentioned in francs in thisArticle and Article 42 shall be deemed to referto a currency units consisting of sixty-five anda half milligrams of gold of millesimal finenessnine hundred. These sums may be convertedinto national currencies in round figures.Conversion of sums into national currenciesother than gold shall, in case of judicialproceedings, be made according to the goldvalue of such currencies at the date of thejudgment.”

Article IX

Article 24 of the Convention shall be deletedand replaced by the following :–

“Article 24

1. In the carriage of cargo, any action fordamages, however founded, can only bebrought subject to the conditions and limitsset out in this Convention.

2. In the carriage of 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 of 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 of liabilityconstitute maximum limits and may not beexceeded whatever the circumstances whichgave rise to the liability.”

Article X

Article 25 of the Convention shall be deletedand replaced by the following :–

“Article 25

The limit of liability specified in paragraph2 of Article 22 shall not apply if it is provedthat the damage resulted from an act or omissionof 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 of such act or omissionof a servant or agent it is also proved that he

was acting within the scope of hisemployment.”

Article XI

In Article 25-A of the Convention,paragraphs 1 and 3 shall be deleted and replacedby the following :–

“1. If an action is brought against a servantor agent of the carrier arising out of damageto which the Convention relates, such servantor agent, if he proves that he acted within thescope of his employment, shall be entitled toavail himself of the limits of liability whichthat carrier himself is entitled to invoke underthis Convention.

3. The provisions of paragraphs 1 and 2 ofthis Article shall not apply to the carriage ofcargo if it is proved that the damage resultedfrom an act or omission of the servant or agentdone with intent to cause damage or recklesslyand with knowledge that damage wouldprobably result.”

Article XII

In Article 28 of the Convention, the presentparagraph 2 shall be renumbered as paragraph3 and a new paragraph 2 shall be inserted asfollows :–

“2. In results of damage resulting from thedeath, injury or delay of a passenger or thedestruction, loss, damage or delay of baggage,the action may be brought before one of theCourts mentioned in paragraph 1 of this Article,or in the territory of one of the High ContractingParties, before the Court within the jurisdictionof which the carrier has an establishment if thepassenger has his domicile or permanentresidence in the territory of the same HighContracting Party.”

Article XIII

After Article 30 of the Convention, thefollowing Article shall be inserted:–

“Article 30-A

Nothing in this Convention shall prejudicethe question whether a person liable for damage


73

in accordance with its provisions has a right ofrecourse against any other person.”

Article XIV

After Article 35 of the Convention, thefollowing Article shall be inserted :–

“Article 35-A

No 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 ofdeath, or personal injury, of 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 of thecarrier whose service they have used;

(d) if a passenger has contributed to thesystem, any person suffering damage asa consequence of death or personalinjury of such passenger shall be entitledto the benefits of the system.”

Article XV


“Article 42

1. Without prejudice to the provisions ofArticle 41, Conferences of the Parties to theProtocol done at Guatemala City on the eighth

March 1971 shall be convened during the fifthand tenth years respectively after the date ofentry into force of the said Protocol for thepurpose of reviewing the limit established inArticle 22, paragraph 1(a) of the Conventionas amended by that Protocol.

2. At each of the Conferences mentioned inparagraph 1 of this Article the limit of liabilityin Article 22, paragraph 1(a) in force at therespective dates of these Conferences shall notbe increased by an amount exceeding onehundred and eighty-seven thousand fivehundred francs.

3. Subject to paragraph 2 of this Article,unless before the thirty first December of thefifth and tenth years after the date of entry intoforce of the Protocol referred to in paragraph 1of this Article the aforesaid Conferences decideotherwise by a two-thirds majority vote of theParties present and voting, the limit of liabilityin Article 22, paragraph 1(a) in force at therespective dates of 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 of the event whichcaused the death or personal injury of thepassenger.”

CHAPTER II


AMENDED

Article XVI

The Warsaw Convention as amended at theHague in 1955 and by this Protocol shall applyto international carriage as defined in Article 1of the Convention, provided that the places ofdeparture and destination referred to in thatArticle are situated either in the territories, oftwo Parties to this Protocol or within theterritory of a single Party to this Protocol withan agreed stopping place in the territory ofanother State.


74

CHAPTER III

FINAL CLAUSES

Article XVII

As 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 XVIII

Until the date on which this Protocol entersinto force in accordance with the provisionsof Article XX, it shall remain open for signatureby all States Members of the United Nations orof any of the Specialized Agencies or of theInternational Atomic Energy Agency or Partiesto the Statute of the International Court ofJustice, and by any other State invited by theGeneral Assembly of the United Nations tobecome a Party to this Protocol.

Article XIX


2. Ratification of 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 of accession to theWarsaw Convention as amended at The Hague,1955, and at Guatemala City, 1971.

3. The instruments of ratification shall bedeposited with the International Civil AviationOrganization.

Article XX

1. This Protocol shall enter into force onthe ninetieth day after the deposit of the thirtiethinstrument of 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 Civil Aviation

Organization of the airlines of five States whichhave ratified this Protocol, represents at least40% of the total international scheduled airtraffic of the airlines of member States of theInternational Civil Aviation Organization inthat year. If, at the time of deposit of thethirtieth instrument of 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 of the last instrumentof ratification necessary for entry into force ofthis Protocol on the ninetieth day after thedeposit of its instrument of ratification.

2. As soon as this Protocol comes intoforce it shall be registered with the United-Nations by the International Civil AviationOrganization.

Article XXI

1. After the entry into force of 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 of accession to theWarsaw Convention as amended at The Hague,1955, and at Guatemala City, 1971.

3. Accession shall be effected by the depositof an instrument of accession with theInternational Civil Aviation Organization andshall take effect on the ninetieth day after thedeposit.

Article XXII

1. Any Party to this Protocol may denouncethe Protocol by notification addressed to theInternational Civil Aviation Organization.

2. Denunciation shall take effect six monthsafter the date of receipt by the InternationalCivil Aviation Organization of the notificationof denunciation.


75

3. As between the Parties to this Protocol,denunciation by any of them of the WarsawConvention in accordance with Article 39thereof or of the Hague Protocol in accordancewith Article XXIV thereof shall not beconstrued in any way as a denunciation of theWarsaw Convention as amended at The Hague,1955, and at Guatemala City, 1971.

Article XXIII

1. Only the following reservations may bemade to this Protocol:–

(a) a State whose courts are not authorizedunder its law to award the costs of the actionincluding lawyers’ fees may at any time by anotification addressed to the International CivilAviation 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 CivilAviation Organization that the WarsawConvention as amended at The Hague, 1955and at Guatemala, City 1971 shall not apply tothe carriage of persons, baggage and cargo forits military authorities on aircraft, registeredin that State, the whole capacity of which hasbeen reserved by or on behalf of suchauthorities.

2. Any State having made a reservation inaccordance with the preceding paragraph mayat any time withdraw such reservation bynotification to the International Civil AviationOrganization.

Article XXIV

The International Civil AviationOrganization shall promptly inform allsignatory or acceding States of the date of eachsignature, the date of deposit of each instrumentof ratification or accession, the date of entryinto force of this Protocol, and other relevantinformation.

Article XXV

As between the Parties to this Protocolwhich are also Parties to the Convention,Supplementary to the Warsaw Convention, forthe Unification of 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) of the GuadalajaraConvention is governed by this Protocol.

Article XXVI

This Protocol shall remain open, until 30September 1971, for signature by any Statereferred to in Article XVIII, at the Ministry ofExternal Relations of the Republic of Guatemalaand thereafter, until it enters into force inaccordance with Article XX, at the InternationalCivil Aviation Organization. The Governmentof the Republic of Guatemala shall promptlyinform the International Civil AviationOrganization of any signature and the datethereof 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 dayof the month of March of the year One ThousandNine Hundred and Seventy one in threeauthentic texts in the English, French andSpanish languages. The International CivilAviation Organization shall establish anauthentic text of this Protocol in the Russianlanguage. In the case of any inconsistency, thetext in the French language, in which languagethe Warsaw Convention of 12 October 1929was drawn up, shall prevail.


76


CHAPTER IX

ADDITIONAL PROTOCOL NO. 1, 1975

SIGNED AT MONTREAL ON 25TH SEPTEMBER, 1975 TOAMEND THE CONVENTION FOR THE UNIFICATION OF

CERTAIN RULES RELATING TO INTERNATIONALCARRIAGE BY AIR SIGNED AT WARSAW

ON 12 OCTOBER, 1929

77

78


79


Considering that it is desirable to amendthe Convention for the Unification of CertainRules Relating to International Carriage byAir signed at Warsaw on 12 October 1929


CHAPTER I


Article I

The Convention which the provisions ofthe present Chapter modify is the WarsawConvention, 1929.

Article II


“Article 22

1. In the carriage of passengers the liabilityof the carrier for each passenger is limited tothe sum of 8300 Special Drawing Rights.Where, in accordance with the law of the courtseized of the case, damages may be awarded inthe form of periodic payments, the equivalentcapital value of the said payments shall notexceed this limit. Nevertheless, by specialcontract, the carrier and the passenger mayagree to a higher limit of liability.

2. In the carriage of registered baggageand of cargo, the liability of the carrier islimited to a sum of 17 Special Drawing Rightsper kilogramme, unless the consignor hasmade, at the time when the package was handedover to the carrier, a special declaration ofinterest 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 of which thepassenger takes charge himself the liability ofthe carrier is limited to 332 Special DrawingRights per passenger.

4. The sums mentioned in terms of theSpecial Drawing Right in this Article shall bedeemed to refer to the Special Drawing Rightas defined by the International Monetary Fund.Conversion of the sums into national currenciesshall, in case of judicial proceedings, be madeaccording to the value of such currencies interms of the Special Drawing Right at the dateof the judgment. The value of a nationalcurrency, in terms of the Special Drawing Right,of a High Contracting Party which is a Memberof the International Monetary Fund, shall becalculated in accordance with the method ofvaluation applied by the International Monetary

CHAPTER IX


SIGNED AT MONTREAL ON 25TH SEPTEMBER, 1975TO AMEND THE CONVENTION FOR THE UNIFICATION

OF CERTAIN RULES RELATING TO INTERNATIONALCARRIAGE BY AIR SIGNED AT WARSAW

ON 12 OCTOBER, 1929 *

ADDITIONAL PROTOCOL NO. 1, 1975 CHAP. IX

* Entered into force on 15 February, 1996.

As on 30 June, 2003 there are 48 contracting States party to it.


80

Fund, in effect at the date of the judgment, forits operations and transactions. The value of anational currency, in terms of the SpecialDrawing Right, of a High Contracting Partywhich is not a Member of the InternationalMonetary Fund, shall be calculated in a mannerdetermined by that High Contracting Party.

Nevertheless, those States which are notMembers of the International Monetary Fundand whose law does not permit the applicationof the provisions of paragraphs 1, 2 and 3 ofArticle 22 may, at the time of ratification oraccession or at any time thereafter, declarethat the limit of liability of the carrier in judicialproceedings in their territories is fixed at asum of 125 000 monetary units per passengerwith respect to paragraph 1 of Article 22; 250monetary units per kilogramme with respect toparagraph 2 of Article 22; and 5,000 monetaryunits per passenger with respect to paragraph3 of Article 22. The monetary unit correspondsto sixty-five and a half milligrammes of gold ofmillesimal fineness nine hundred. These sumsmay be converted into the national currencyconcerned in round figures. The conversion ofthese sums into national currency shall bemade according to the law of the Stateconcerned.”

CHAPTER II


AMENDED

Article III

The Warsaw Convention as amended bythis Protocol shall apply to internationalcarriage as defined in Article 1 of theConvention, provided that the place ofdeparture and destination referred to in thatArticle are situated either in the territories oftwo Parties to this Protocol, or within theterritory of a single Party to this Protocol withan agreed stopping place in the territory ofanother State.

CHAPTER III

FINAL CLAUSES

Article IV

As 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 ofMontreal, 1975.

Article V

Until the date on which this Protocol comesinto force in accordance with the provisions ofArticle VII, it shall remain open for signatureby any State.

Article VI


2. Ratification of this Protocol by any Statewhich is not a Party to the Warsaw Conventionshall have the effect of accession to theConvention as amended by this Protocol.

3. The instruments of ratification shall bedeposited with the Government of the PolishPeople’s Republic.

Article VII

1. As soon as thirty signatory States havedeposited their instruments of ratification ofthis Protocol, it shall come into force betweenthem on the ninetieth day after the deposit ofthe thirtieth instrument of ratification. It shallcome into force for each State ratifyingthereafter on the ninetieth day after the depositof its instrument of ratification.

2. As soon as this Protocol comes intoforce it shall be registered with the UnitedNations by the Government of the PolishPeople’s Republic.

CHAP. IX ADDITIONAL PROTOCOL NO. 1, 1975

81

Article VIII

1. This Protocol, after it has come intoforce, shall be open for accession by any non-signatory State.

2. Accession to this Protocol by any Statewhich is not a Party to the Convention shallhave the effect of accession to the Conventionas amended by this Protocol.

3. Accession shall be effected by thedeposit of an instrument of accession with theGovernment of the Polish People’s Republicand shall take effect on the ninetieth day afterthe deposit.

Article IX

1. Any Party to this Protocol may denouncethe Protocol by notification addressed to theGovernment of the Polish People’s Republic.

2. Denunciation shall take effect sixmonths after the receipt by the Government ofthe Polish People’s Republic of the notificationof denunciation.

3. As between the Parties to this Protocol,denunciation by any of them of the Conventionin accordance with Article 39 thereof shall notbe construed in any way as a denunciation ofthe Convention as amended by this Protocol.

Article X

No reservation may be made to this Protocol.

Article XI

The Government of the Polish People’sRepublic shall promptly inform all States Partiesto the Warsaw Convention or of thatConvention as amended, all signatory oracceding States to the present Protocol, aswell as the International Civil AviationOrganization, of the date of each signature,the date of deposit of each instrument ofratification or accession, the date of cominginto force of this Protocol, and other relevantinformation.

Article XII

As between the Parties to this Protocolwhich are also Parties to the Convention,Supplementary to the Warsaw Convention, forthe Unification of 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 of Montreal, 1975, in caseswhere the carriage under the agreement referredto in Article 1, paragraph b) of the GuadalajaraConvention is governed by this Protocol.

Article XIII

This Protocol shall remain open forsignature until 1 January 1976 at theHeadquarters of the International Civil AviationOrganization and thereafter until it comes intoforce in accordance with Article VII at theMinistry for Foreign Affairs of the PolishPeople’s Republic. The International CivilAviation Organization shall promptly informthe Government of the Polish People’s Republicof any signature and the date thereof duringthe time that the Protocol shall be open forsignature at the Headquarters of theInternational Civil Aviation Organization.


DONE at Montreal on the twenty fifth dayof the month of September of the year OneThousand Nine Hundred and Seventy five infour authentic text in the English, French,Russian and Spanish languages. In the case ofany inconsistency, the text in the Frenchlanguage, in which language the WarsawConvention of 12 October 1929 was drawn up,shall prevail.

ADDITIONAL PROTOCOL NO. 1, 1975 CHAP. IX

82


CHAPTER X



OF CERTAIN RULES RELATING TO INTERNATIONALCARRIAGE BY AIR SIGNED AT WARSAW ON 12

OCTOBER, 1929 AS AMENDED BY THE PROTOCOLDONE AT THE HAGUE ON 28 SEPTEMBER, 1955

83

84


85


Considering that it is desirable to amendthe Convention for the Unification of CertainRules Relating to International Carriage byAir signed at Warsaw on 12 October 1929 asamended by the Protocol done at The Hagueon 28 September 1955,


CHAPTER I


Article I

The Convention which the provisions ofthe present Chapter modify if the WarsawConvention as amended at The Hague in 1955.

Article II


“Article 22

1. In the carriage of persons the liability ofthe carrier for each passenger is limited to thesum of 16 600 Special Drawing Rights. Where,in accordance with the law of the court seised

of the case, damages may be awarded in theform of periodic payments, the equivalentcapital value of the said payments shall notexceed this limit. Nevertheless, by specialcontract, the carrier and the passenger mayagree to a higher limit of liability.

2. (a) In the carriage of registered baggageand of cargo, the liability of the carrier islimited to a sum of 17 Special Drawing Rightsper kilogramme, unless the passenger orconsignor has made, at the time when thepackage was handed over to the carrier, aspecial declaration of 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 of loss, damage or delay ofpart of registered baggage or cargo, or of 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 of the package orpackages concerned. Nevertheless , when theloss, damage or delay of a part of the registeredbaggage or cargo, or of an object contained

CHAPTER X



OF CERTAIN RULES RELATING TO INTERNATIONALCARRIAGE BY AIR SIGNED AT WARSAW ON 12

OCTOBER, 1929 AS AMENDED BY THE PROTOCOLDONE AT THE HAGUE ON 28 SEPTEMBER, 1955 *

ADDITIONAL PROTOCOL NO. 2, 1975 CHAP. X

* Entered into force on 15 February, 1996.

As on 30 June, 2003 there are 49 contracting States party to it.


86

therein, affects the value of other packagescovered by the same baggage check or thesame air way bill, the total weight of suchpackage or packages shall also be taken intoconsideration in determining the limit ofliability.

3. As regards objects of which thepassenger takes charge himself the liability ofthe 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 of the court costs and of theother expenses of the litigation incurred bythe plaintiff. The foregoing provision shall notapply if the amount of the damages awarded,excluding court costs and other expenses ofthe litigation, does not exceed the sum whichthe carrier has offered in writing to the plaintiffwithin a period of six months from the date ofthe occurrence causing the damage, or beforethe commencement of the action, if that islater.

5. The sums mentioned in terms of theSpecial Drawing Right in this Article shall bedeemed to refer to the Special Drawing Rightas defined by the International Monetary Fund.Conversion of the sums into national currenciesshall, in case of judicial proceedings, be madeaccording to the value of such currencies interms of the Special Drawing Right at the dateof the judgment. The value of a nationalcurrency, in terms of the Special Drawing Right,of a High Contracting Party which is a Memberof the International Monetary Fund, shall becalculated in accordance with the method ofvaluation applied by the International MonetaryFund, in effect at the date of the judgment, forits operations and transactions. The value of anational currency, in terms of the SpecialDrawing Right, of a High Contracting partywhich is not a Member of the InternationalMonetary Fund, shall be calculated in a mannerdetermined by that High Contracting Party.

Nevertheless, those States which are notMembers of the International Monetary Fundand whose law does not permit the applicationof the provisions of paragraphs 1, 2 (a) and 3of Article 22 may at the time of ratification oraccession or at any time thereafter, declarethat the limit of liability of the carrier injudicial proceedings in their territories is fixedat a sum of 250 000 monetary units perpassenger with respect to paragraph 1 of Article22; 250 monetary units per kilogramme withrespect to paragraph 2 (a) of Article 22; and 5000 monetary units per passenger with respectto paragraph 3 of Article 22. This monetaryunit corresponds to sixty-five and a halfmilligrammes of gold of millesimal finenessnine hundred. These sums may be convertedinto the national currency concerned in roundfigures. The convention of these sums intonational currency shall be made according tothe law of the State concerned.”

CHAPTER II


AMENDED

Article III

The Warsaw Convention as amended atThe Hague in 1955 and by this Protocol shallapply to international carriage as defined inArticle 1 of the Convention, provided that theplaces of departure and destination referred toin that Article are situated either in theterritories of two Parties to this Protocol orwithin the territory of a single party to thisProtocol with an agreed stopping place interritory of another State.

CHAPTER III

FINAL CLAUSES

Article IV

As between the Parties to this Protocol, theWarsaw Convention as amended at The Haguein 1955 and this Protocol shall be read and

CHAP. X ADDITIONAL PROTOCOL NO. 2, 1975

87

interpreted together as one single instrumentand shall be known as the Warsaw Conventionas amended at The Hague, 1955, and byAdditional Protocol No.. 2 of Montreal, 1975.

Article V

Until the date on which this Protocol comesinto force in accordance with the provisions ofArticle VII, it shall remain open for signatureby any State.

Article VI

1. The Protocol shall be subject toratification by the signatory States.

2. Ratification of 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 of accessionto the Warsaw Convention as amended at TheHague, 1955, and by Additional Protocol No.2 of Montreal, 1975.


Article VII

1. As soon as thirty signatory States havedeposited their instruments of ratification ofthis protocol, it shall come into force betweenthem on the ninetieth day after the deposit ofthe thirtieth instrument of ratification. It shallcome into force for each State ratifyingthereafter on the ninetieth day after the depositof its instrument of ratification.


Article VIII


2. Accession to this Protocol by any statewhich is not a Party to the Warsaw Convention

or by any State which is not a Party to theWarsaw Convention as amended at The Hague,1955, shall have the effect of accession to theWarsaw Convention as amended at The Hague,1955, and by Additional Protocol No. 2 ofMontreal, 1975.

3. Accession shall be effected by thedeposit of an instrument of accession with theGovernment of the Polish People’s Republicand shall take effect on the ninetieth day afterthe deposit.

Article IX

1. Any Party to this Protocol may denouncethe Protocol by notification addressed to theGovernment of the Polish People’s Republic.

2. Denunciation shall take effect sixmonths after the date of receipt by theGovernment of the Polish People’s Republicof the notification of denunciation.

3. As between the Parties to this Protocol,denunciation by any of them of the WarsawConvention in accordance with Article 39thereof or of the Hague Protocol in accordancewith Article XXIV thereof shall not beconstrued in any way as a denunciation of theWarsaw Convention as amended at The Hague,1955, and by Additional protocol No. 2 ofMontreal, 1975.

Article X

No reservation may be made to this Protocolexcept that a State may at any time declare bya notification addressed to the Government ofthe Polish People’s Republic that theConvention as amended by this Protocol shallnot apply to the carriage of persons, cargo andbaggage for its military authorities on aircraft,registered in that State, the whole capacity ofwhich has been reserved by or on behalf ofsuch authorities.

Article XI

The Government of the Polish People’sRepublic shall promptly inform all State Partiesto the Warsaw Convention or to that

ADDITIONAL PROTOCOL NO. 2, 1975 CHAP. X

88

Convention as amended, all signatory oracceding States to the present protocol, as wellas the International Civil AviationOrganization, of the date of each signature,the date of deposit of each instrument ofratification or accession, the date of cominginto force of this Protocol, and other relevantinformation.

Article XII

As between the Parties to this Protocolwhich are also Parties to the Convention,Supplementary to the Warsaw Convention, forthe Unification of 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 ofMontreal, 1975, in cases where the carriageunder the agreement referred to in Article 1,paragraph b) of the Guadalajara Convention isgoverned by this Protocol.

Article XIII

This Protocol shall remain open forsignature until 1 January 1976 at theHeadquarters of the International Civil AviationOrganization and thereafter until it comes intoforce in accordance with Article VII at theMinistry for Foreign Affairs of the PolishPeople’s Republic. The International CivilAviation Organization shall promptly informthe Government of the Polish People’s Republicof any signature and the date thereof duringthe time that the Protocol shall be open forsignature at the Headquarters of theInternational Civil Aviation Organization.


DONE at Montreal on the twenty fifth dayof the month of September of the year OneThousand Nine Hundred and seventy five infour authentic texts in the English, French,Russian and Spanish languages. In the case ofany inconsistency, the text in the Frenchlanguage, in which language the WarsawConvention of 12 October 1929 was drawn up,shall prevail.

CHAP. X ADDITIONAL PROTOCOL NO. 2, 1975

CHAPTER XI



OF CERTAIN RULES RELATING TO INTERNATIONALCARRIAGE BY AIR SIGNED AT WARSAW ON

12 OCTOBER, 1929 AS AMENDED BY THE PROTOCOLSDONE AT THE HAGUE ON 28 SEPTEMBER, 1955 AND

AT GUATEMALA CITY ON 8 MARCH, 1971

89

90


91

CHAPTER XI



OF CERTAIN RULES RELATING TO INTERNATIONALCARRIAGE BY AIR SIGNED AT WARSAW ON

12 OCTOBER, 1929 AS AMENDED BY THE PROTOCOLSDONE AT THE HAGUE ON 28 SEPTEMBER, 1955 AND

AT GUATEMALA CITY ON 8 MARCH, 1971 *


Considering that it is desirable to amendthe Convention for the Unification of 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.


CHAPTER I


Article IThe Convention which the provisions of

the present Chapter modify is the WarsawConvention as amended at The Hague in1955, and at Guatemala City in 1971.

Article IIArticle 22 of the Convention shall be deleted

and replaced by the following:—

“Article 22

1. (a) In the carriage of persons the liability of thecarrier is limited to the sum of 100 000 SpecialDrawing Rights for the aggregate of the claims, howeverfounded, in respect of damage suffered as a result ofthe death or personal injury of each passenger. Where,in accordance with the law of the court seised of the

case, damages may be awarded in the form of periodicpayments, the equivalent capital value of the saidpayments shall not exceed 100 000 Special DrawingRights.

(b) In the case of delay in the carriage of personsthe liability of the carrier for each passenger is limitedto 4 150 Special Drawing Rights.

(c) In the carriage of baggage of liability of thecarrier in the case of destruction, loss, damage ordelay is limited to 1 000 Special Drawing Rights foreach passenger.

2. (a) In the carriage of cargo, the liability of thecarrier is limited to a sum of 17 Special DrawingRights per kilogramme, unless the consignor has made,at the time when the package was handed over to thecarrier, a special declaration of 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 of loss, damage or delay of part ofthe cargo, or of 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 of the package or packagesconcerned. Nevertheless, when the loss, damage ordelay of a part of the cargo, or of an object containedtherein, affects the value of other packages covered bythe same air waybill, the total weight of such package

ADDITIONAL PROTOCOL NO. 3, 1975 CHAP. XI

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92

or packages shall also be taken into consideration indetermining the limit of liability.

3. (a) The courts of the High Contracting Partieswhich are not authorized under their law to award thecosts of 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 of the costs of the action, includinglawyers’ fees which the court considers reasonable.

(b) The costs of the action including lawyers’ feesshall be awarded in accordance with sub paragraph (a)only if the claimant gives a written notice to the carrierof the amount claimed including the particulars of thecalculation of that amount and the carrier does notmake, within a period of six months after his receipt ofsuch notice, a written offer of settlement in an amountat least equal to the compensation awarded within theapplicable limit. This period will be extended until thetime of commencement of the action if that is later.

(c) The costs of the action including lawyers’ feesshall not be taken into account in applying the limitsunder this Article.

4. The sums mentioned in terms of SpecialDrawing Rights in this Article and Article 42 shall bedeemed to refer to the Special Drawing Rights asdefined by the International Monetary Fund. Conversionof the sums into national currencies shall, in case ofjudicial proceedings, be made according to the value ofsuch currencies in terms of the Special Drawing Rightsat the date of the judgment. The value of a nationalcurrency, in terms of the Special Drawing Right, of aHigh Contracting Party which is a Member of theInternational Monetary Fund, shall be calculated inaccordance with the method of valuation applied bythe International Monetary Fund, in effect at the dateof the judgment, for its operations and transactions.The value of a national currency, in terms of theSpecial Drawing Rights, of a High Contracting Partywhich is not a Member of the International MonetaryFund, shall be calculated in a manner determined bythat High Contracting Party.

Nevertheless, those States which are not Members ofthe International Monetary Fund and whose law does notpermit the application of the provisions of paragraphs 1and 2 (a) of Article 22 may, at the time of ratification oraccession or at any time thereafter, declare that the limitof liability of the carrier in judicial proceedings in theirterritories is fixed at a sum of 1500000 monetary unitsper passenger with respect to paragraph 1 (a) of Article

22;62 500 monetary units per passenger with respect toparagraph 1 (b) of Article 22; 15 000 monetary units perpassenger with respect to paragraph 1 (c) of Article 22;and 250 monetary units per kilogramme with respect toparagraph 2 (a) of Article 22. a State applying theprovisions of this paragraph may also declare that thesum referred to in paragraphs 2 and 3 of Article 42 shallbe the sum of 187 500 monetary units. This monetaryunit corresponds to sixty-five and a half milligrammes ofgold of millesimal fineness nine hundred. These sumsmay be converted into the national currency concerned inround figures. The conversion of these sums into nationalcurrency shall be made according to the law of the Stateconcerned.”

Article IIIIn Article 42 of the Convention –

paragraphs 2 and 3 shall be deleted andreplaced by the following:–

“2. At each of the Conferences mentioned inparagraph 1 of this Article the limit of liability inArticle 22, paragraph 1 (a) in force at the respectivedates of these Conferences shall not be increased by anamount exceeding 12 500 Special Drawing Rights.

3. Subject to paragraph 2 of this Article, unlessbefore the thirty first December of the fifth and tenthyear after the date of entry into force of the Protocolreferred to in paragraph 1 of this Article the aforesaidConferences decide otherwise by a two thirds majorityvote of the Parties present and voting, the limit ofliability in article 22, paragraph 1(a) in force at therespective dates of these Conferences shall on thosedates be increased by 12 500 Special Drawing Rights.”

CHAPTER II


AMENDED

Article IVThe Warsaw Convention as amended at

The Hague in 1955, and at Guatemala City in1971 and by the protocol shall apply tointernational carriage as defined in Article 1 ofthe Convention provided that the places ofdeparture and destination referred to in thatArticle are situated either in the territories oftwo Parties to this Protocol or within theterritory of a single Party to this Protocol withan agreed stopping place in the territory ofanother State.

CHAP. XI ADDITIONAL PROTOCOL NO. 3, 1975

93

CHAPTER III

FINAL CLAUSES

Article VAs between the Parties to this Protocol, the

Warsaw 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 ofMontreal, 1975.

Article VIUntil the date on which this protocol comes

into force in accordance with the provisions ofArticle VIII, it shall remain open for signatureby any State.

Article VII1. This Protocol shall be subject to

ratification by the signatory States.

2. Ratification of 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 of accession tothe Warsaw Convention as amended at TheHague, 1955, at Guatemala City, 1971, and bythe Additional Protocol No. 3 of Montreal,1975.


Article VIII1. As soon as thirty signatory States have

deposited their instruments of ratification ofthis Protocol, it shall come into force betweenthem on the ninetieth day after the deposit ofthe thirtieth instrument of ratification. It shallcome into force for each State ratifyingthereafter on the ninetieth day after the depositof its instrument of ratification.


Article IX1. This Protocol, after it has come into

force, shall be open for accession by any non-signatory State.

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 of accession to the Warsaw Conventionas amended at The Hague, 1955, at GuatemalaCity, 1971, and by the additional Protocol No.3 of Montreal, 1975.

3. Accession shall be effected by the depositof an instrument of accession with theGovernment of the Polish People’s Republicand shall take effect on the ninetieth day afterthe deposit.

Article X1. Any Party to this Protocol may denounce

the protocol by notification addressed to theGovernment of the Polish People’s Republic

2. Denunciation shall take effect sixmonths after the date of receipt by theGovernment of the Polish People’s Republicof the notification of denunciation.

3. As between the Parties to this protocol,denunciation by any of them of the WarsawConvention in accordance with Article 39thereof or of The Hague Protocol in accordancewith Article XXIV thereof or of the GuatemalaCity Protocol in accordance with Article XXIIthereof shall not be construed in any way as adenunciation of the Warsaw Convention asamended at The Hague, 1955, at GuatemalaCity, 1971, and by the Additional protocol No.3 of Montreal, 1975.

Article XI1. Only the following reservations may be

made to this Protocol:–

ADDITIONAL PROTOCOL NO. 3, 1975 CHAP. XI

94

(a) any State whose courts are not authorizedunder its law to award the costs of theaction including lawyers’ fees may atany time by a notification addressed tothe Government of 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 of the Polish People’sRepublic that the Warsaw Conventionas amended at The Hague, 1955, atGuatemala City, 1971, and by theAdditional Protocol No. 3 of Montreal,1975, shall not apply to the carriage ofpersons, baggage and cargo for itsmilitary authorities on aircraft,registered in that State, the wholecapacity of which has been reserved byor on behalf of such authorities; and

(c) any State may declare at the time ofratification of or accession to theMontreal Protocol No. 4 of 1975, or atany time thereafter, that it is not boundby the provisions of the WarsawConvention as amended at The Hague,1955, at Guatemala City, 1971, and bythe Additional Protocol No. 3 ofMontreal, 1975, in so far as they relateto the carriage of cargo, mail and postalpackages. Such declaration shall haveeffect ninety days after the date of receiptby the Government of the PolishPeople’s Republic of the declaration.

2. Any State having made a reservation inaccordance with the preceding paragraph mayat any time withdraw such reservation bynotification to the Government of the PolishPeople’s Republic.

Article XIIThe Government of the Polish People’s

Republic 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 Civil AviationOrganization, of the date of each signature, the

date of deposit of each instrument of ratificationor accession, the date of coming into force ofthis Protocol, and other relevant information.

Article XIIIAs between the Parties to this Protocol

which are also Parties to the Convention,Supplementary to the Warsaw Convention, forthe Unification of 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 of Montreal, 1975,in cases where the carriage under the agreementreferred to in Article 1, paragraph (b) of theGuadalajara Convention is governed by thisProtocol.

Article XIVThis Protocol shall remain open for

signature until 1 January 1976 at theHeadquarters of the International Civil AviationOrganization and thereafter until it comes intoforce in accordance with Article VIII at theMinistry for Foreign Affairs of the PolishPeople’s Republic. The International CivilAviation Organization shall promptly informthe Government of the Polish People’s Republicof any signature and the date thereof duringthe time that the Protocol shall be open forsignature at the Headquarters of theInternational Civil Aviation Organization.

IN WITNESS WHEREOF the undersignedPlenipotentiaries, having been dulyauthorized, have signed this Protocol.

DONE at Montreal on the twenty-fifth dayof September of the year One Thousand NineHundred and Seventy five in four authentictexts in the English, French, Russian andSpanish languages. In the case of anyinconsistency, the text in the French language,in which language the Warsaw Convention of12 October 1929 was drawn up, shall prevail.

CHAP. XI ADDITIONAL PROTOCOL NO. 3, 1975

CHAPTER XII



CERTAIN RULES RELATING TO INTERNATIONALCARRIAGE BY AIR SIGNED AT WARSAW ON 12

OCTOBER, 1929 AS AMENDED BY THE PROTOCOLDONE AT THE HAGUE ON 28 SEPTEMBER, 1955

(THE MONTREAL PROTOCOL NO. 4, 1975)

95

96


97

CHAPTER XII



CERTAIN RULES RELATING TO INTERNATIONALCARRIAGE BY AIR SIGNED AT WARSAW ON 12

OCTOBER, 1929 AS AMENDED BY THE PROTOCOLDONE AT THE HAGUE ON 28 SEPTEMBER, 1955 *

(THE MONTREAL PROTOCOL NO. 4, 1975)


Considering that it is desirable to amendthe Convention for the Unification of CertainRules Relating to International Carriage by Airsigned at Warsaw on 12 October 1929 asamended by the Protocol done at The Hagueon 28 September 1955.


CHAPTER I


Article I

The Convention which the provisions ofthe present Chapter modify is the WarsawConvention as amended at The Hague in 1955.

Article II


Paragraph 2 shall be deleted and replacedby the following :—

“2. In the carriage of postal items the carriershall be liable only to the relevant postaladministration in accordance with the rules

applicable to the relationship between thecarriers and the postal administrations.

3. Except as provided in paragraph 2 of thisArticle, the provisions of this Convention shallnot apply to the carriage of postal items.”

Article III

In Chapter II of the Convention —

Section III (Articles 5 to 16) shall be deletedand replaced by the following :—

“ Section III.— Documentation relating to cargo

ARTICLE 5

1. In respect of the carriage of cargo an airway bill shall be delivered.

2. Any other means which would preservea record of the carriage to be performed may,with the consent of the consignor, be substitutedfor the delivery of 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 identificationof the consignment and access to theinformation contained in the record preservedby such other means.

THE MONTREAL PROTOCOL NO. 4, 1975 CHAP. XII

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98

3. The impossibility of using, at points oftransit and destination, the other means whichwould preserve the record of the carriagereferred to in paragraph 2 of this Article doesnot entitle the carrier to refuse to accept thecargo for carriage.

Article 6

1. 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 of the carrier and that ofthe consignor may be printed or stamped.

4. If, at the request of the consignor, thecarrier makes out the air waybill, he shall bedeemed, subject to proof to the contrary, tohave done so on behalf of the consignor.

Article 7

When there is more than one package:

(a) the carrier of 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 of Article 5 are used.

Article 8

The air waybill and the receipt for the cargoshall contain:


(b) if the places of departure and destinationare within the territory of a single HighContracting Party, one or more agreedstopping places being within the territoryof another State, an indication of atleast one such stopping place; and

(c) an indication of the weight of theconsignment.

Article 9

Non-compliance with the provisions ofArticle 5 to 8 shall not affect the existence orthe validity of the contract of carriage, whichshall, none the less, be subject to the rules ofthis Convention including those relating tolimitation of liability.

Article 10

1. The consignor is responsible for thecorrectness of 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 of 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 of the irregularity,incorrectness or incompleteness of theparticulars and statements furnished by theconsignor or on his behalf.

3. Subject to the provisions of paragraphs1 and 2 of this Article, the carrier shallindemnify the consignor against all damagesuffered by him, or by any other person towhom the consignor is liable, by reason of theirregularity, incorrectness or incompletenessof 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 of Article 5.

Article 11

1. The air waybill or the receipt for thecargo is prima facie evidence of the conclusionof the contract, of the acceptance of the cargoand of the conditions of carriage mentionedtherein.

2. Any statement in the air waybill or thereceipt for the cargo relating to the weight,

CHAP. XII THE MONTREAL PROTOCOL NO. 4, 1975

99

dimensions and packing of the cargo, as wellas those relating to the number of packages,are prima facie evidence of the facts stated;those relating to the quantity, volume andcondition of 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 of the consignor, or relate to theapparent condition of the cargo.

Article 12

1. Subject to his liability to carry out allhis obligations under the contract of carriage,the consignor has the right to dispose of thecargo by withdrawing it at the airport ofdeparture or destination, or by stoping it in thecourse of the journey on any landing, or bycalling for it to be delivered at the place ofdestination or in the course of the journey to aperson other than the consignee originallydesignated, or by requiring it to be returned tothe airport of departure. He must not exercisethis right of disposition in such a way as toprejudice the carrier or other consignors andhe must repay any expenses occasioned by theexercise of this right.

2. If it is impossible to carry out the ordersof the consignor the carrier must so inform himforthwith.

3. If the carrier obeys the orders of theconsignor for the disposition of the cargowithout requiring the production of the part ofthe air waybill or the receipt for the cargodelivered to the latter, he will be liable, withoutprejudice to his right of recovery from theconsignor, for any damage which may be causedthereby to any person who is lawfully inpossession of that part of the air waybill or thereceipt for the cargo.

4. The right conferred on the consignorceases at the moment when that of 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 ofdisposition.

Article 13

1. Except when the consignor has exercisedhis right under Article 12, the consignee isentitled, on arrival of the cargo at the place ofdestination, to require the carrier to deliver thecargo to him, on payment of the charges dueand on complying with the conditions ofcarriage.

2. Unless it is otherwise agreed, it is theduty of the carrier to give notice to the consigneeas soon as the cargo arrives.

3. If the carrier admits the loss of the cargo,or if the cargo has not arrived at the expirationof 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 of carriage.

Article 14

The 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 of another, provided that he carriesout the obligations imposed by the contract ofcarriage.

Article 15

1. Articles 12, 13 and 14 do not affecteither the relations of the consignor and theconsignee with each other or the mutualrelations of third parties whose rights arederived either from the consignor or from theconsignee.

2. The provisions of Articles 12, 13 and 14can only be varied by express provision in theair waybill or the receipt for the cargo.

Article 16

1. The consignor must furnish suchinformation and such documents as arenecessary to meet the formalities of 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 ofany such information or documents, unless the


100

damage is due to the fault of the carrier, hisservants or agents.

2. The carrier is under no obligation toenquire into the correctness or sufficiency ofsuch information or documents.”

Article IV


“Article 18

1. The carrier is liable for damage sustainedin the event of the destruction or loss of, 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 of the destruction or loss of, 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 of, or damageto, the cargo resulted solely from one or moreof the following :

(a) inherent defect, quality or vice of thatcargo;

(b) defective packing of that cargoperformed by a person other than thecarrier or his servants or agents;

(c) an act of war or an armed conflict;

(d) an act of public authority carried out inconnection with the entry, exit or transitof the cargo.

4. The carriage by air within the meaningof the preceding paragraphs of this Articlecomprises the period during which the baggageor cargo is in the charge of the carrier, whetherin an airport or on board an aircraft, or in thecase of a landing outside an airport, in anyplace whatsoever.

5. The period of the carriage by air doesnot extend to any carriage by land, by sea or by

river performed outside an airport. If, however,such carriage takes place in the performanceof a contract for carriage by air, for the purposeof loading, delivery or transhipment, anydamage is presumed, subject to proof to thecontrary, to have been the result of an eventwhich took place during the carriage by air.”

Article V


“Article 20

In the carriage of passengers and baggage,and in the case of damage occasioned by delayin the carriage of 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 VI


“Article 21

1. In the carriage of passengers and baggage,if the carrier proves that the damage wascaused by or contributed to by the negligenceof the person suffering the damage the Courtmay, in accordance with the provisions of itsown law, exonerate the carrier wholly or partlyfrom his liability.

2. In the carriage of cargo, if the carrierproves that the damage was caused by orcontributed to by the negligence or otherwrongful act or omission of 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 VII

In Article 22 of the Convention –

(a) in paragraph 2 a) the words “and ofcargo” shall be deleted.


101

(b) after paragraph 2 a) the followingparagraph shall be inserted:–

“b) In the carriage of cargo, the liabilityof the carrier is limited to a sum of17 Special Drawing Rights perkilogramme, unless the consignorhas made, at the time when thepackage was handed over to thecarrier, a special declaration ofinterest 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 ofthe Special Drawing Right in thisArticle shall be deemed to refer tothe Special Drawing Right asdefined by the InternationalMonetary Fund. Conversion of thesums into national currencies shall,in case of judicial proceedings, bemade according to the value ofsuch currencies in terms of theSpecial Drawing Right at the dateof the judgment. The value of anational currency, in terms of theSpecial Drawing Right, of a HighContracting Party which is aMember of the InternationalMonetary Fund, shall be calculatedin accordance with the method ofvaluation applied by theInternational Monetary Fund, ineffect at the date of the judgment,for its operations and transactions.The value of a national currency, interms of the Special Drawing Right,

of a High Contracting Party whichis not a Member of the InternationalMonetary Fund, shall be calculatedin a manner determined by that HighContracting Party.

Nevertheless, those States which are notMembers of the International Monetary Fundand whose law does not permit the applicationof the provisions of paragraph 2 b) of Article22 may, at the time of ratification or accessionor at any time thereafter, declare that the limitof liability of the carrier in judicial proceedingsin their territories is fixed at a sum of twohundred and fifty monetary units perkilogramme. This monetary unit correspondsto sixty-five and a half milligrammes of gold ofmillesimal fineness nine hundred. This summay be converted into the national currencyconcerned in round figures. The conversion ofthis sum into the national currency shall bemade according to the law of the Stateconcerned.”

Article VIII


“Article 24

1. In the carriage of 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 of 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 of 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 limitsof liability constitute maximum limits and maymot be exceeded whatever the circumstanceswhich gave rise to the liability.”


102

Article IX


“Article 25

In the carriage of passengers and baggage,the limits of liability specified in Article 22shall not apply if it is proved that the damageresulted from an act or omission of the carrier,his servants or agents, done with intent tocause damage or recklessly and with knowledgethat damage would probably result; providedthat, in the case of such act or omission of aservant or agent, it is also proved that he wasacting within the scope of his employment.”

Article X

In Article 25 A of the Convention —

paragraph 3 shall be deleted and replacedby the following:–

“3. In the carriage of passengers andbaggage, the provisions of paragraphs 1 and 2of this Article shall not apply if it is provedthat the damage resulted from an act or omissionof the servant or agent done with intent tocause damage or recklessly and with knowledgethat damage would probably result.”

Article XI


“Article 30 A

Nothing in this Convention shall prejudicethe question whether a person liable for damagein accordance with its provisions has a right ofrecourse against any other person.”

Article XII


“Article 33

Except as provided in paragraph 3 of Article5, nothing in this Convention shall prevent thecarrier either from refusing to enter into anycontract of carriage or from making regulations

which do not conflict with the provisions ofthis Convention.”

Article XIIIArticle 34 of the Convention shall be deleted

and replaced by the following:–

“Article 34

The provisions of Article 3 to 8 inclusiverelating to documents of carriage shall notapply in the case of carriage performed inextraordinary circumstances outside the normalscope of an air carrier’s business.”

CHAPTER II


AMENDED

Article XIV

The Warsaw Convention as amended atThe Hague in 1955 and by this Protocol shallapply to international carriage as defined inArticle 1 of the Convention, provided that theplaces of departure and destination referred toin that Article are situated either in theterritories of two Parties to this Protocol orwithin the territory of a single Party to thisProtocol with an agreed stopping place in theterritory of another State.

CHAPTER III

FINAL CLAUSES

Article XV

As 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 of Montreal, 1975.

Article XVI

Until the date on which this Protocol comesinto force in accordance with the provisions ofArticle XVIII, it shall remain open for signatureby any State.


103

Article XVII


2. Ratification of 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 of accession to theWarsaw Convention as amended at The Hague,1955, and by Protocol No. 4 of Montreal,1975.


ARTICLE XVIII

1. As soon as thirty signatory States havedeposited their instruments of ratification ofthis Protocol, it shall come into force betweenthem on the ninetieth day after the deposit ofthe thirtieth instrument of ratification. It shallcome into force for each State ratifyingthereafter on the ninetieth day after the depositof its instrument of ratification.

2. As soon as this protocol comes intoforce it shall be registered with the UnitedNations by the Government of the PolishPeople’s Republic.

Article XIX


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 of accession to theWarsaw Convention as amended at The Hague,1955, and by Protocol No. 4 of Montreal,1975.

3. Accession shall be effected by the depositof an instrument of accession with theGovernment of the Polish People’s Republic

and shall take effect on the ninetieth day afterthe deposit.

Article XX

1. Any Party to this Protocol may denouncethe protocol by notification addressed to theGovernment of the Polish People’s Republic.

2. Denunciation shall take effect six monthsafter the date of receipt by the Government ofthe Polish people’s Republic of the notificationof denunciation.

3. As between the Parties to this protocol,denunciation by any of them of the WarsawConvention in accordance with Article 39thereof or of The Hague Protocol in accordancewith Article XXIV thereof shall not beconstrued in any way as a denunciation of theWarsaw Convention as amended at The Hague,1955, and by Protocol No. 4 of Montreal,1975.

Article XXI

1. Only the following reservations may bemade to this Protocol:—

(a) a State may at any time declare by anotification addressed to theGovernment of the Polish People’sRepublic that the Warsaw Conventionas amended at The Hague, 1955, andby Protocol No. 4 of Montreal, 1975,shall not apply to the carriage of persons,baggage and cargo for its militaryauthorities on aircraft, registered in thatState, the whole capacity of which hasbeen reserved by or on behalf of suchauthorities; and

(b) any State may declare at the time ofratification of or accession to theAdditional Protocol No. 3 of Montreal,1975, or at any time thereafter, that it isnot bound by the provisions of theWarsaw Convention as amended atThe Hague, 1955, and by Protocol No.4 of Montreal, 1975, in so far as theyrelate to the carriage of passengers and

MONTREAL PROTOCOL NO. 4, 1975 CHAP. XII

104

baggage. Such declaration shal haveeffect ninety days after the date of receiptof the declaration by the Government ofthe 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 of the PolishPeople’s Republic.

Article XXII

The Government of 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 Civil AviationOrganization, of the date of each signature, thedate of deposit of each instrument of ratificationor accession, the date of coming into force ofthis Protocol, and other relevant information.

Article XXIII

As between the Parties to this Protocolwhich are also Parties to the Convention,Supplementary to the Warsaw Convention, forthe Unification of 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 of Montreal,1975, in cases where the carriage under theagreement referred to in Article 1, paragraphb) of the Guadalajara Convention is governedby this Protocol.

Article XXIV

If two or more States are Parties both to thisProtocol and to the Guatemala City Protocol,1971, or to the Additional Protocol No. 3 of

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 of Montreal, 1975;

(b) the provisions resulting from the systemestablished by the Guatemala CityProtocol, 1971, or by the AdditionalProtocol No. 3 of Montreal, 1975,concerning passengers and baggage,shall prevail over the provisionsresulting from the system establishedby this protocol.

Article XXV

This Protocol shall remain open forsignature until 1 January 1976 at theHeadquarters of the International Civil AviationOrganization and thereafter until it comes intoforce in accordance with Article XVIII at theMinistry for Foreign Affairs of the PolishPeople’s Republic. The International CivilAviation Organization shall promptly informthe Government of the Polish People’s Republicof any signature and the date thereof duringthe time that the Protocol shall be open forsignature at the Headquarters of theInternational Civil Aviation Organization.


DONE AT MONTREAL on the twenty-fifth day of September of the year One ThousandNine Hundred and Seventy-five in fourauthentic texts in the English, French, Russianand Spanish languages. In the case of anyinconsistency, the text in the French language,in which language the Warsaw Convention of12 October 1929 was drawn up, shall prevail.


CHAPTER XIII

CONVENTION SIGNED AT GUADALAJARA ON 18THSEPTEMBER, 1961, SUPPLEMENTARY TO THE WARSAW

CONVENTION FOR THE UNIFICATION OF CERTAINRULES RELATING TO INTERNATIONAL CARRIAGE BY

AIR PERFORMED BY A PERSON OTHER THAN THE CONTRACTING CARRIER

(THE GUADALAJARA CONVENTION, 1961)

105

106


107

THE STATES SIGNATORY TO THEPRESENT CONVENTION

Nothing 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 I

In this Convention :

(a) “Warsaw Convention “means theConvention for the Unification ofCertain 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 agreement

for carriage governed by the WarsawConvention with a passenger orconsignor or with a person acting onbehalf of the passenger or consignor;

(c) “actual carrier” means a person, otherthan the contracting carrier, who, byvirtue of authority from the contractingcarrier, performs the whole or part ofthe carriage contemplated in paragraph(b) but who is not with respect to suchpart a successive carrier within themeaning of the Warsaw Convention.Such authority is presumed in theabsence of proof to the contrary.

Article II

If an actual carrier performs the whole orpart of 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 of theWarsaw Convention, the former for the wholeof the carriage contemplated in the agreement,the latter solely for the carriage which heperforms.

CHAPTER XIII

CONVENTION SIGNED AT GUADALAJARA ON 18THSEPTEMBER, 1961, SUPPLEMENTARY TO THE WARSAW

CONVENTION, FOR THE UNIFICATION OF CERTAINRULES RELATING TO INTERNATIONAL CARRIAGE BY

AIR PERFORMED BY A PERSON OTHER THAN THE CONTRACTING CARRIER *

(THE GUADALAJARA CONVENTION, 1961)

THE GUADALAJARA CONVENTION, 1961 CHAP. XIII

* 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.

108

Article III

1. The acts and omissions of the actualcarrier and of his servants and agents actingwithin the scope of their employment shall, inrelation to the carriage performed by the actualcarrier, be deemed to be also those of thecontracting carrier.

2. The acts and omissions of thecontracting carrier and of his servants andagents acting within the scope of theiremployment shall, in relation to the carriageperformed by the actual carrier, be deemed tobe also those of the actual carrier. Nevertheless,no such act or omission shall subject the actualcarrier to liability exceeding the limits specifiedin Article 22 of the Warsaw Convention. Anyspecial agreement under which the contractingcarrier assumes obligations not imposed bythe Warsaw Convention or any waiver of rightsconferred by that Convention or any specialdeclaration of interest in delivery at destinationcontemplated in Article 22 of the saidConvention, shall not affect the actual carrierunless agreed to by him.

Article IV

Any 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 of the Warsaw Convention shallonly be effective if addressed to the contractingcarrier.

Article V

In relation to the carriage performed by theactual carrier, any servant or agent of thatcarrier or of the contracting carrier shall, if heproves that he acted within the scope of hisemployment, be entitled to avail himself of thelimits of 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 of liability from beinginvoked.

Article VI

In relation to the carriage performed by theactual carrier the aggregate of amountsrecoverable from that carrier and the contractingcarrier, and from their servants and agentsacting within the scope of their employment,shall not exceed the highest amount whichcould be awarded against either the contractingcarrier or the actual carrier under thisConvention, but none of the persons mentionedshall be liable for a sum in excess of the limitapplicable to him.

Article VII

In relation to the carriage performed by theactual carrier, an action for damages may bebrought, at the option of the plaintiff, againstthat carrier or the contracing carrier, or againstboth together or separately. If the action isbrought against only one of those carriers, thatcarrier shall have the right to require the othercarrier to be joined in the proceedings, theprocedure and effects being governed by thelaw of the court seized of the case.

Article VIII

Any action for damages contemplated inArticle VII of this Convention must be brought,at the option of the plaintiff, either before acourt in which an action may be brought againstthe contracting carrier, as provided in Article28 of the Warsaw Convention, or before thecourt having jurisdiction at the place wherethe actual carrier is ordinarily resident or hashis principal place of business.

Article IX

1. Any contractual provision tending torelieve the contracting carrier or the actualcarrier of liability under this Convention or tofix a lower limit than that which is applicableaccording to this Convention shall be null andvoid, but the nullity of any such provisiondoes not involve the nullity of the wholeagreement, which shall remain subject to theprovisions of this Convention.

CHAP. XIII THE GUADALAJARA CONVENTION, 1961

109

2. In respect of the carriage performed bythe actual carrier, the preceding paragraph shallnot apply to contractual provisions governingloss or damage resulting from the inherentdefect, quality or vice of 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 of cargoarbitration clauses are allowed, subject to thisConvention, if the arbitration is to take placein one of the jurisdictions referred to in ArticleVIII.

Article X

Except as provided in Article VII, nothingin this Convention shall affect the rights andobligations of the two carriers betweenthemselves.

Article XI

Until the date on which this Conventioncomes into force in accordance with theprovisions of Article XIII, it shall remain openfor signature on behalf of any State which atthat date is a Member of the United Nations orof any of the Specialized Agencies.

Article XII

1. This Convention shall be subject toratification by the signatory States.

2. The instruments of ratification shall bedeposited with the Government of the UnitedStates of Mexico.

Article XIII

1. As soon as five of the signatory Stateshave deposited their instruments of ratificationof this Convention, it shall come into forcebetween them on the ninetieth day after thedate of the deposit of the fifth instrument ofratification. It shall come into force for each

State ratifying thereafter on the ninetieth dayafter the deposit of its instrument of ratification.

2. As soon as this Convention comes intoforce, it shall be registered with the UnitedNations and the International Civil AviationOrganization by the Government of the UnitedStates of Mexico.

Article XIV

1. This Convention shall, after it has comeinto force, be open for accession by any StateMember of the United Nations or of any of theSpecialized Agencies.

2. The accession of a State shall be effectedby the deposit of an instrument of accessionwith the Government of the United States ofMexico and shall take effect as from theninetieth day after the date of such deposit.

Article XV

1. Any Contracting State may denouncethis Covention by notification addressed toGovernment of the United States of Mexico.

2. Denunciation shall take effect sixmonths after the date of receipt by theGovernment of the United States of Mexico ofthe notification of denunciation.

Article XVI

1. Any Contracting State may at the timeof its ratification of or accession to thisConvention or at any time thereafter declareby notification to the Government of the UnitedStates of Mexico that the Convention shallextend to any of the territories for whoseinternational relations it is responsible.

2. The Convention shall, ninety days afterthe date of the receipt of such notification bythe Government of the United States of Mexico,extend to the territories names herein.

3. Any Contracting State may denouncethis Convention, in accordance with theprovisions of Article XV, separately for any orall of the territories for the internationalrelations of which such State is responsible.

GUADALAJARA CONVENTION, 1961 CHAP. XIII

110

Article XVII

No reservation may be made to thisConvention.

Article XVIII

The Government of the United States ofMexico shall give notice to the InternationalCivil Aviation Organization and to all StatesMembers of the United Nations or of any of theSpecialized Agencies :

(a) of any signature of this convention andthe date thereof;

(b) of the deposit of any instrument ofratification or accession and the datethereof;

(c) of the date on which this Conventioncomes into force in accordance withArticle XIII, paragraph 1;

(d) of the receipt of any notification ofdenunciation and the date thereof;

(e) of the receipt of any declaration or

notification made under Article XVI andthe date thereof.

IN WITNESS WHEREOF the undersignedPlenipotentiaries, having been duly authorizedhave signed this Convention.

DONE at Gaudalajara on the eighteenthday of September, One Thousand Nine Hundredand Sixty-one in three authentic texts drawnup in the English, French and Spanishlanguages. In case of any inconsistency, thetext in the French language, in which languagethe Warsaw Convention of 12 October 1929was drawn up, shall prevail. The Governmentof the United States of Mexico will establishan official translation of the text of theConvention in the Russian language.

The Convention shall be deposited withthe Government of the United States of Mexicowith which, in accordance with Article XI, itshall remain open for signature, and thatGovernment shall send certified copies thereofto the International Civil Aviation Organizationand to all States Members of the United Nationsor of any Specialized Agency.

CHAP. XIII GUADALAJARA CONVENTION, 1961

111

CHAPTER XIV

CONVENTION ON THE INTERNATIONALRECOGNITION OF RIGHTS IN AIRCRAFTSIGNED AT GENEVA ON 19TH JUNE, 1948

(THE GENEVA CONVENTION, 1948)

112


113

Whereas the International Civil AviationConference, held at Chicago in November-December 1944, recommended the earlyadoption of a Convention dealing with thetransfer of title to aircraft.

Whereas it is highly desirable in the interestof the future expansion of International CivilAviation that rights in aircraft be recognisedinternationally.

The undersigned, duly authorized, HaveAgreed, on behalf of their respectiveGovernments, As follows :

Article I

1. The Contracting States undertake torecognise :

(a) rights of property in aircraft;

(b) rights to acquire aircraft by purchasecoupled with possession of the aircraft;

(c) rights to possession of aircraft underleases of six months or more;

(d) mortgages, hypotheques and similarrights in aircraft which are contractuallycreated as security for payment of anindebtedness:

Provided that such rights

(i) have been constituted in accordancewith the law of the Contracting State in

which the aircraft was registered as tonationality at the time of theirconstitution, and

(ii) are regularly recorded in a public recordof the Contracting State in which theaircraft is registered as to nationality.

The regularity of successive recordings indifferent Contracting States shall be determinedin accordance with the law of the State wherethe aircraft was registered as to nationality atthe time of each recording.

2. Nothing in this Convention shall preventthe recognition of any rights in aircraft underthe law of any Contracting State; butContracting States shall not admit or recogniseany right as taking priority over the rightsmentioned in paragraph (1) of this Article.

Article II

1. All recording relating to a given aircraftmust appear in the same record.

2. Except as otherwise provided in thisConvention, the effects of the recording of anyright mentioned in Article I, paragraph (1)with regard to third parties shall be determinedaccording to the law of the Contracting Statewhere it is recorded.

3. A Contracting State may prohibit therecording of any right which cannot validly beconstituted according to its national law.

THE GENEVA CONVENTION, 1948 CHAP. XIV

CHAPTER XIV

CONVENTION ON THE INTERNATIONAL

RECOGNITION OF RIGHTS IN AIRCRAFT

SIGNED AT GENEVA ON 19TH JUNE, 1948 *

(THE GENEVA CONVENTION, 1948)

* 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.

114

Article III

1. The address of the authority responsiblefor maintaining the record must be shown onevery aircraft’s certificate of registration as tonationality.

2. Any person shall be entitled to receivefrom the authority duly certified copies orextracts of the particulars recorded. Such copiesor extracts shall constitute prima facie evidenceof the contents of the record.

3. If the law of a Contracting State providesthat the filling of a document for recordingshall have the same effect as the recording, itshall have same effect for the purposes of 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 IV

1. In the event that any claims in respectof:

(a) compensation due for salvage of theaircraft, or

(b) extraordinary expensesindispensable for the preservationof the aircraft give rise, under thelaw of the Contracting State wherethe operations of 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 of thedates of the incidents in connexion with whichthey have arisen.

3. Any of the said rights may, within threemonths from the date of the termination of thesalvage or preservation operations, be notedon the record.

4. The said rights shall not be recognisedin other Contracting States after expiration ofthe 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 of the forum shalldetermine the contingencies upon whichthe three months period may beinterrupted or suspended.

5. This article shall apply notwithstandingthe provisions of Article I, paragraph (2).

Article V

The priority of a right mentioned in Article1, paragraph (1) (d), extends to all sums therebysecured. However, the amount of interestincluded shall not exceed that accrued duringthe three years prior to the executionproceedings together with that accrued duringthe execution proceedings.

Article VI

In case of attachment or sale of an aircraftin execution, or of 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 of any such right, if constituted oreffected with knowledge of the sale or executionproceedings by the person against whom theproceedings are directed.

Article VII

1. The proceedings of a sale of an aircraftin execution shall be determined by the law ofthe Contracting State where the sale takes place.

2. The following provisions shall howeverbe observed:

(a) The date and place of the sale shall befixed at least six weeks in advance.

CHAP. XIV THE GENEVA CONVENTION, 1948

115

(b) The executing creditor shall supply tothe Court or other competent authoritya certified extract of the recordingsconcerning the aircraft. He shall givepublic notice of 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 of recorded rightsin the aircraft and of rights noted on therecord under Article IV, paragraph (3),according to their addresses as shownon the record.

3. The consequences of failure to observethe requirements of paragraph (2) shall be asprovided by the law of the Contracting Statewhere the sale takes place. However, any saletaking place in contravention of therequirements of that paragraph may be annulledupon demand made, within six months fromthe date of the sale by any person sufferingdamage as the result of such contravention.

4. No sale in execution can be effectedunless all rights having priority over the claimof the executing creditor in accordance withthis Convention which are established beforethe competent authority, are covered by theproceeds of sale or assumed by the purchaser.

5. When injury or damage is caused topersons or property on the surface of 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 behalfof the operator to cover such injury or damage,the national law of such Contracting State mayprovide in case of the seizure of such aircraftor any other aircraft owned by the same personand encumbered with any similar right held bythe same creditor :

(a) that the provisions of 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 of an amount equal to 80% ofthe sale price.

In the absence of other limit established bythe law of the Contracting State where theexecution sale takes place, the insurance shallbe considered adequate within the meaning ofthe present paragraph if the amount of theinsurance corresponds to the value when newof the aircraft seized in execution.

6. Costs legally chargeable under the lawof the Contracting State where the sale takesplace, which are incurred in the commoninterest of creditors in the course of executionproceedings leading to sale, shall be paid outof the proceeds of sale before any claims,including those given preference by ArticleIV.

Article VIII

Sale of an aircraft in execution in conformitywith the provisions of Article VII shall effectthe transfer of the property in such aircraft freefrom all rights which are not assumed by thepurchaser.

Article IX

Except in the case of a sale in execution inconformity with the provisions of Article VII,no transfer of an aircraft from the nationalityregister or the record of a Contracting State tothat of another Contracting State shall be made,unless all holders of recorded rights have beensatisfied or consent to the transfer.


116

Article X

1. If a recorded right in an aircraft of thenature specified in Article 1, and held as securityfor the payment of an indebtedness, extends,in conformity with the law of 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 of the right, the name and addressof the holder of 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 of such spare partsshall be annexed to or included in the recordeddocument. Such parts may be replaced bysimilar parts without affecting the right of thecreditor.

3. The provisions of Article VII, paragraphs(1) and (4), and of Article VIII shall apply to asale of spare parts in execution. However, wherethe executing creditor is an unsecured creditor,paragraph 4 of 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 of the value ofthe spare parts as determined by expertsappointed by the authority responsible for thesale. Further, in the distribution of the proceedsof sale, the competent authority may, in orderto provide for the claim of the executingcreditor, limit the amount payable to holders ofprior rights to two- thirds of such proceeds ofsale after payment of the costs referred to inArticle VII, paragraph (6).

4. For the purpose of this Article the term“spare parts” means parts of aircraft, engines,propellers radio apparatus instruments,appliances, furnishings, parts of any of theforegoing, and generally any other articles ofwhatever description maintained for installation

in aircraft in substitution for parts articlesremoved.

Article XI

1. The provisions of 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 of Article II, III, IX and

(b) The provisions of Article IV, unless thesalvage or preservation operations havebeen terminated within its own territory.

Article XII

Nothing in this Convention shall prejudicethe right of any Contracting State to enforceagainst an aircraft its national laws relating toimmigration, customs or air navigation.

Article XIII

This Convention shall not apply to aircraftused in military, customs or police services.

Article XIV

For the purpose of this Convention, thecompetent judicial and administrativeauthorities of the Contracting States may,subject to any contrary provision in theirnational law, correspond directly with eachother.

Article XV

The Contracting States shall take suchmeasures as are necessary for the fulfilment ofthe provisions of this Convention and shallforthwith inform the Secretary General of theInternational Civil Aviation Organization ofthese measures.

Article XVI

For the purposes of this Convention theterm “air-craft” shall include the airframe,engines, propellers, radio apparatus, and allother articles intended for use in the aircraft


117

whether installed therein or temporarilyseparated therefrom.

Article XVII

If a separate resister of aircraft for purposesof nationality is maintained in any territory forwhose foreign relations a Contracting State isresponsible, references in this Convention tothe law of the Contracting State shall beconstrued as references to the law of thatterritory.

Article XVIII

This Convention shall remain open forsignature until it comes into force in accordancewith the provisions of Article XX.

Article XIX

1. This Convention shall be subject toratification by the signatory States.

2. The instruments of ratification shall bedeposited in the archives of the InternationalCivil Aviation Organization, which shall givenotice of the date of deposit to each of thesignatory and adhering States.

Article XX

1. As soon as two of the signatory Stateshave deposited their instruments of ratificationof this Convention, it shall come into forcebetween them on the ninetieth day after thedate of the deposit of the second instrument ofratification. It shall come into force, for eachState which deposit its instrument of ratificationafter that date on the ninetieth day after thedeposit of its instrument of ratification.

2. The International Civil AviationOrganization shall give notice to each signatoryState of the date on which this Conventioncomes into force.

3. As soon as this Convention comes intoforce it shall be registered with the UnitedNations by the Secretary General of theInternational Civil Aviation Organization.

Article XXI

1. This Convention shall, after it has comeinto force, be open for adherence by non-signatory States.

2. Adherence shall be effected by thedeposit of an instrument of adherence in thearchives of the International Civil AviationOrganization, which shall give notice of thedate of the deposit to each signatory andadhering State.

3. Adherence shall take effect as from theninetieth day after the date of the deposit ofthe instrument of adherence in the archives ofthe International Civil Aviation Organization.

Article XXII

1. Any Contracting State may denouncethis Convention by notification of denunciationto the International Civil Aviation Organization,which shall give notice of the date of receipt ofsuch notification to each signatory and adheringState.

2. Denunciation shall take effect sixmonths after the date of receipt by theInternational Civil Aviation Organization ofthe notification of denunciation.

Article XXIII

1. Any State may at the time of deposit ofits instrument of ratification of adherence,declare that its acceptance of this Conventiondoes not apply to any one or more of theterritories for the foreign relations of whichsuch State is responsible.

2. The International Civil AviationOrganization shall give notice of any suchdeclaration to each signatory and adheringState.

3. With the exception of territories inrespect of which a declaration has been madein accordance with paragraph (1) of this Article,this Convention shall apply to all territories forthe foreign relations of which a ContractingState is responsible.


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4. Any State may adhere to thisConvention separately on behalf of all or anyof the territories regarding which it has made adeclaration in accordance with paragraph (1)of this Article and the provisions of paragraphs(2) and (3) of Article XXI shall apply to suchadherence.

5. Any Contracting State may denouncethis Convention, in accordance with theprovisions of Article XXII, separately for all orany of the territories for the foreign relationsof which such State is responsible.

IN WITNESS WHEREOF the undersignedPlenipotentiaries, having been duly authorizedhave signed this Convention.

DONE at Geneva, on the nineteenth day ofthe month of June of the year one thousandnine hundred and forty-eight in the English,French and Spanish languages, each text beingof equal authenticity.

This Convention shall be deposited in thearchives of the International Civil AviationOrganization where in accordance with ArticleXVIII, it shall remain open for signature.


CHAPTER XV

CONVENTION ON DAMAGE CAUSED BY FOREIGNAIRCRAFT TO THIRD PARTIES ON THE SURFACE

SIGNED AT ROME ON 7 OCTOBER, 1952

(THE ROME CONVENTION, 1952)

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THE ROME CONVENTION, 1952 CHAP. XV

CHAPTER XV

CONVENTION ON DAMAGE CAUSED BY FOREIGN

AIRCRAFT TO THIRD PARTIES ON THE SURFACE

SIGNED AT ROME ON 7 OCTOBER, 1952 *

(THE ROME CONVENTION, 1952)

2. For the purpose of this Convention, anaircraft is considered to be in flight from themoment when power is applied for the purposeof actual take-off until the moment when thelanding run ends. In the case of 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 2

1. The liability for compensationcontemplated by Article 1 of this Conventionshall attach to the operator of the aircraft.

2. (a) For the purposes of this Conventionthe term “operator” shall mean the person,who was making use of the aircraft at the timethe damage was caused, provided that if controlof the navigation of the aircraft was retainedby the person from whom the right to make useof the aircraft was derived, whether directly orindirectly, that person shall be considered theoperator.

(b) A person shall be considered to bemaking use of an aircraft when he is using itpersonally or when his servants or agents areusing the aircraft in the course of theiremployment, whether or not within the scopeof their authority.

3. The registered owner of the aircraft shallbe presumed to be the operator and shall beliable as such unless, in the proceedings for thedetermination of his liability, he proves that

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 ofthe liabilities incurred for such damage in ordernot to hinder the development of internationalcivil air transport, and also

CONVINCED of the need for unifying tothe greater extent possible, through aninternational convention, the rules applying inthe various countries of the world to theliabilities incurred for such damage.

HAVE APPOINTED to such effect theundersigned Plenipotentiaries who, dulyauthorised,

HAVE AGREED AS FOLLOWS :

CHAPTER I

PRINCIPLES OF LIABILITY

Article 1

1. Any person who suffers damage on thesurface shall, upon proof 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 of the incident giving rise thereto,or if the damage results from the mere fact ofpassage of the aircraft through the airspace inconformity with existing air traffic regulations.

* 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.

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some other person was the operator and, in sofar as legal procedures permit, takes appropriatemeasures to make that other person a party inthe proceedings.

Article 3

If the person who was the operator at thetime the damage was caused had not theexclusive right to use the aircraft for a periodof 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 of them being bound under theprovisions and within the limits of liability ofthis Convention.

Article 4

If a person makes use of an aircraft withoutthe consent of 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 of thembeing bound under the provisions and withinthe limits of liability of this Convention.

Article 5

Any person who would otherwise be liableunder the provisions of this Convention shallnot be liable if the damage is the directconsequence of armed conflict or civildisturbance, or if such person has been deprivedof the use of the aircraft by act of publicauthority.

Article 6

1. Any person who would otherwise be liableunder the provisions of the Convention shallnot be liable for damage if he proves that thedamage was caused solely through thenegligence or other wrongful act or omission ofthe person who suffers the damage or of thelatter’s servants or agents. If the person liableproves that the damage was contributed to bythe negligence or other wrongful act or omissionof the person who suffers the damage, or of hisservants or agents, the compensation shall bereduced to the extent to which such negligence

or wrongful act or omission contributed to thedamage. Nevertheless there shall be no suchexoneration or reduction if, in the case of thenegligence or other wrongful act or omission ofa servant or agent, the person who suffers thedamage proves that his servant or agent wasacting outside the scope of his authority.

2. When an action is brought by one personto recover damages arising from the death orinjury of another person, the negligence orother wrongful act or omission of such otherperson, or of his servants or agents, shall alsohave the effect provided in the precedingparagraph.

Article 7

When 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 of the aircraft concerned shall beconsidered to have caused the damage and theoperator of each aircraft shall be liable, eachof them being bound under the provisions andwithin the limits of liability of this Convention.

Article 8

The persons referred to in paragraph 3 ofArticle 2 and in Article 3 and 4 shall be entitlesto all defences which are available to anoperator under the provisions of thisConvention.

Article 9

Neither 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 of a deliberate act oromission done with intent to cause damage.

Article 10

Nothing in this Convention shall prejudicethe question whether a person liable for damage

CHAP. XV THE ROME CONVENTION, 1952

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in accordance with its provisions has a right ofrecourse against any other person.

CHAPTER II

EXTENT OF LIABILITY

Article 11

1. Subject to the provisions of Article 12,the liability for damage giving a right tocompensation under Article 1, for each aircraftand incident, in respect of 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 of loss of life orpersonal injury shall not exceed 500,000 francsper person killed or injured.

3. “Weight” means the maximum weight ofthe aircraft authorised by the certificate ofairworthiness for take-off, excluding the effectof lifting gas when used.

4. The sums mentioned in francs in thisArticle refer to a currency until consisting of65½ milligrams of gold of millesimal fineness900. These sums may be converted into nationalcurrencies in round figures. Conversion of thesums into national currencies other than goldshall, in case of judicial proceeding, be madeaccording to the gold value such currencies at

the date of the judgment, or, in cases cover byArticle 14, at the date of the allocation.

Article 12

1. If the person who suffers damage provesthat it was caused by a deliberate act or omissionof the operator, his servants or agents, donewith intent to cause, damage, the liability ofthe operator shall be unlimited; provided thatin the case of such act or omission of suchservant or agent, it is also proved that he wasacting in the course of his employment andwithin the scope of his authority.

2. If a person wrongfully takes and makesuse of an aircraft without the consent of theperson entitled to used it, his liability shall beunlimited.

Article 13

1. Whenever, under the provisions of 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 of Article 2, the persons whosuffer damage shall not be entitled to totalcompensation greater than the highestindemnity which may be awarded under theprovisions of this Convention against any oneof the persons liable.

2. When the provisions of Article 7 areapplicable, the person who suffers the damageshall be entitled to be compensated up to theaggregate of the limits applicable with respectto each of the aircraft involved, but no operatorshall be liable for a sum in excess of the limitapplicable to his aircraft unless his liability isunlimited under the terms of Article 12.

Article 14

If the total amount of the claims establishedexceeds the limit of lability applicable underthe provisions of this Convention, the followingrules shall apply, taking into account theprovisions of paragraph 2 of Article 11.

(a) If the claims are exclusively in respectof loss of life or personal injury orexclusively in respect of damage to


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property, such claims shall be reducedin proportion to their respectiveamounts.

(b) If the claims are both in respect of lossof life or personal injury and in respectof damage to property, one half of thetotal sum distributable shall beappropriated preferentially to meetclaims in respect of loss of life andpersonal injury and, if insufficient, shallbe distributed proportionately, betweenthe claims concerned. The remainder ofthe total sum distributable shall bedistributed proportionately among theclaims in respect of damage to propertyand the portion not already covered ofthe claims in respect of loss of life andpersonal injury.

CHAPTER III

SECURITY FOR OPERATOR’SLIABILITY

Article 15

1. Any Contracting State may require thatthe operator of an aircraft registered inanother Contracting State shall be insured inrespect of his liability for damage sustained inits territory for which a right to compensationexists under Article 1 by means of insuranceup to the limits applicable according to theprovisions of Article 11.

2. (a) The insurance shall be accepted assatisfactory if it conforms to the provisions ofthis Convention and has been effected by aninsurer authorised to effect such insuranceunder the laws of the State where the aircraft isregistered or of the State where the insurer hashis residence or principal place of business,and whose financial responsibility has beenverified by either of those States.

(b) If insurance has been required by anyState under paragraph 1 of this Article, and afinal judgment in that State, is not satisfied bypayment in the currency of 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 of insurance, any of 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 of thatguarantee.

5. Subject to paragraph 6 of 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 ofthis 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 of business certifying the financialresponsibility of the insurer. If other securityis furnished in accordance with the provisionsof paragraph 4 of 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 5of 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 Civil Aviation


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Organization agrees, with that organization,which shall furnish a copy of the certificate toeach contracting State.

7. (a) Where the State overflown hasreasonable grounds for doubting the financialresponsibility of the insurer, or of the bankwhich issues a guarantee under paragraph 4 ofthis Article, that State may request additionalevidence of financial responsibility, and if anyquestion arises as to the adequacy of thatevidence, the dispute affecting the Statesconcerned shall at the request of one of thoseStates, be submitted to an arbitral tribunalwhich shall be either the Council of theInternational Civil Aviation 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 General to the International CivilAviation Organization who shall inform eachContracting State thereof.

9. For the purpose of this Article, the term“insurer” includes a group of insurers, and forthe purpose of paragraph 5 of this Article, thephrase “appropriate authority in a State”includes the appropriate authority in the highestpolitical sub-division thereof which regulatesthe conduct of business by the insurer.

Article 16

1. The insurer or other person providingsecurity required under Article 15 for theliability of the operator may, in addition to thedefences available to the operator, and thedefence of forgery, set up only the followingdefences against claims based on theapplication of 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 expirationof its term, or a change of operator itshall be continued until fifteen daysafter notification to the appropriateauthority of the State which certifiesthe financial responsibility of the insureror the guarantor that the security hasceased to be effective, or until effectivewithdrawal of the certificate of theinsurer or the certificate of guarantee ifsuch a certificate has been requiredunder paragraph 5 of Article 15, whichever is the earlier;

(b) that the damage occurred outside theterritorial limit provided for by thesecurity, unless flight outside of 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 of Article15 shall notify the termination or cessation,otherwise than by the expiration of its term, ofthe insurance or other security to the interestedcontracting States as soon as possible.

3. Where a certificate of insurance or othersecurity is required under paragraph 5 of Article15 and, the operator is changed during theperiod of the validity of the security, the securityshall apply to the liability under this Conventionof 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 of the Statewhere the certificate was issued that the securityhas become ineffective or until the effectivewithdrawal of the certificate of the insurer ifsuch a certificate has been required underparagraph 5 of Article 15, whichever is theshorter period.

4. The continuation in force of the securityunder the provisions of paragraph 1 of thisArticle shall apply only for the benefit of theperson suffering damage.


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This increased security shall be maintaineduntil every claim has been disposed of.

Article 18

Any sums due to an operator from aninsurer shall be exempt from seizure andexecution by creditors of the operator untilclaims of third parties under this Conventionhave been satisfied.

CHAPTER IV

RULES OF PROCEDURE ANDLIMITATION OF ACTION

Article 19

If a claimant has not brought an action toenforce his claim or if notification of suchclaim has not been given to the operator withina period of six months from the date of theincident which gave rise to the damage, theclaimant shall only be entitled to compensationout of the amount for which the operatorremains liable after all claims made withinthat period have been met in full.

Article 20

1. Actions under the provisions of thisConvention may be brought only before thecourts of 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 of any otherContracting State, but no such proceedingsshall have the effect of prejudicing in any waythe rights of 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 ofany 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

5. Without prejudice to any right of directaction which he may have under the lawgoverning the contract of 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 of paragraph 1 (a)and (b) of this Article;

(b) the bankruptcy of the operator.

6. Excepting the defences specified inparagraph 1 of this Article, the insurer or otherperson providing security may not, with respectto direct actions brought by the person sufferingdamage based upon application of thisConvention, avail himself of any grounds ofnullity or any right or retroactive cancellation.

7. The provisions of this Article shall notprejudice the question whether the insurer orguarantor has a right of recourse against anyother person.

Article 17

1. If security is furnished in accordancewith paragraph 4 of Article 15, it shall bespecifically and preferentially assigned topayment of claims under the provisions of thisConvention.

2. The security shall be deemed sufficientif, in the case of an operator of one aircraft, itis for an amount equal to the limit applicableaccording to the provisions of Article 11, andin the case of an operator of several aircraft, ifit is for an amount not less than the aggregateof the limits of liability applicable to the twoaircraft subject to the highest limits.

3. As soon as notice of a claim has beengiven to the operator, the amount of the securityshall be increased up to a total sum equivalentto the aggregate of :

(a) the amount of the security then requiredby paragraph 2 of this Article, and

(b) the amount of the claim not exceedingthe applicable limit of lability.


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single incident and brought in accordance withparagraph 1 of 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 of the court, the judgmentshall be enforceable upon compliance with theformalities prescribed by the laws of theContracting State, or of any territory, State orprovince thereof, where execution is appliedfor;

(a) in the Contracting State where thejudgment debtor has his residence orprincipal place of 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 ofparagraph 4 of this Article, the court to whichapplication is made for execution may refuseto issue execution if it is proved that any of thefollowing circumstances exist :

(a) the judgment was given by default andthe defendant did not acquire knowledgeof 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 of a cause ofaction which has already, as betweenthe same parties, formed the subject ofa judgment or an arbitral award which,under the law of the State whereexecution is sought, is recognised asfinal and conclusive;

(d) the judgment has been obtained byfraud of any of the parties;

(e) the right to enforce the judgment is notvested in the person by whom theapplication for execution is made.

6. The merits of the case may not bereopened in proceedings for execution underparagraph 4 of 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 of the State in whichexecution is requested.

8. If, in proceedings brought according toparagraph 4 of this Article execution of anyjudgment is refused on any of the groundsreferred to in sub-paragraphs (a), (b) or (d) ofparagraph 5 or paragraph 7 of this Article, theclaimant shall be entitled to bring a new actionbefore the courts of 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 of 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 of 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 provisionsof Article 21, be subject to a period of limitationof one year from the date on which the claimanthas received notification of the refusal toexecute the judgment.

9. Notwithstanding the provisions ofparagraph 4 of this Article, the court to whichapplication for execution is made shall refuse


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execution of any judgment rendered by a courtof 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 of compensation which mightbe awarded by such judgements might exceedthe applicable limit of liability under theprovisions of this Convention.

Similarly such court shall not grantexecution when in the case of actions broughtin the State where the damage occurred bythose persons who have complied with thetime limit referred to in Article 19, the aggregateof the judgment exceeds the applicable limit ofliability, until such judgments have beenreduced in accordance with Article 14.

10.Where a judgment is renderedenforceable under this Article, payment of costsrecoverable under the judgement shall also beenforceable. Nevertheless the court applied tofor execution may, on the application of thejudgment debtor, limit the amount of suchcosts to a sum equal to ten per centum of theamount for which the judgment is renderedenforceable. The limits of liability prescribedby this Convention shall be exclusive of costs.

11. Interest not exceeding four per centumper annum may be allowed on the judgmentdebt from the date of the judgement in respectof which execution in granted.

12.An application for execution of ajudement to which paragraph 4 of this Articleapplies must be made within five years fromthe date when such judgment became final.

Article 21

1. Actions under this Convention shall besubject to a period of limitation of two yearsfrom the date of the incident which caused thedamage.

2. The grounds for suspension or

interruption of the period referred to inparagraph 1 of this Article shall be determinedby the law of the court trying the action; but inany case the right to institute an action shall beextinguished on the expiration of three yearsfrom the date of the incident which caused thedamage.

Article 22

In event of the death of the person liable, anaction in respect of liability under the provisionsof this Convention shall lie against those legallyresponsible for his obligations.

CHAPTER V

APPLICATION OF THECONVENTION AND GENERAL

PROVISIONS

Article 23

1. This Convention applies to damagecontemplated in Article 1 caused in the territoryof Contracting State by an aircraft registeredin the territory of another Contracting State.

2. For the purpose of this Convention aship or aircraft on the high seas shall be regardedas part of the territory of the State in which it isregistered.

Article 24

This Convention shall not apply to damagecaused to an aircraft in flight, or to persons orgoods on board such aircraft.

Article 25

This 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 of employment betweensuch persons.

Article 26

This Convention shall not apply to damagecaused by military, customs or police aircraft.


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Article 27

Contracting States will, as far as possiblefacilitate payment of compensation under theprovisions of this Convention in the currencyof the State where the damage occurred.

Article 28

If legislative measures are necessary in anyContracting State to give effect to thisConvention, the Secretary General of theInternational Civil Aviation Organization shallbe informed forthwith of the measures so taken.

Article 29

As between Contracting States which havealso ratified the International Convention forthe Unification of 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 of Rome.

Article 30

For the purposes of this Convention :

– “Person” means any natural or legalperson including a State.

– “Contracting State” means any Statewhich has ratified or adhered to thisConvention and whose denunciationthereof has not become effective.

– “Territory of a State” means themetropolitan territory of a State and allterritories for the foreign relations ofwhich that State is responsible, subjectto the provisions of Article 36.

CHAPTER VI

FINAL PROVISIONS

Article 31

This Convention shall remain open forsignature on behalf of any State until it comesinto force in accordance with the provisions ofArticle 33.

Article 32

1. This Convention shall be subject toratification by the signatory States,


Article 33

1. As soon as five of the signatory Stateshave deposited their instruments of ratificationof this Convention, it shall come into forcebetween them on the ninetieth day after thedate of the deposit of the fifth instrument ofratification. It shall come into force, for eachState which deposits its instrument ofratification after that date, on the ninetieth dayafter the deposit of its instrument of ratification.

2. As soon as this Convention comes intoforce, it shall be registered with the UnitedNations by the Secretary General of theInternational Civil Aviation Organization.

Article 34

1. This Convention shall, after it has comeinto force, be open for adherence by any non-signatory State.

2. The adherence of a State shall be effectedby the deposit of an instrument of adherencewith the International Civil AviationOrganization and shall take effect as from theninetieth day after the date of the deposit.

Article 35

1. Any Contracting State may denouncethis convention by notification of denunciationto the International Civil Aviation Organization.

2. Denunciation shall take effect six monthsafter the date of receipt by the InternationalCivil Aviation Organization of the notificationof denunciation; nevertheless, in respect ofdamage contemplated in Article 1 arising froman incident which occurred before theexpiration of the six months period, theConvention shall continue to apply as if thedenunciation had not been made.


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Article 36

1. This Convention shall apply to allterritories for the foreign relations of which aContracting State is responsible, with theexception of territories in respect of which adeclaration has been made in accordance withparagraph 2 of this Article or paragraph 3 ofArticle 37.

2. Any State may at the time of deposit ofits instrument of ratification or adherence,declare that its acceptance of this Conventiondoes not apply to any one or more of theterritories for the foreign relations of whichsuch State is responsible.

3. Any Contracting State may subsequently,by notification to the International CivilAviation Organization, extend the applicationof this Convention to any or all of the territoriesregarding which it has made a declaration inaccordance with paragraph 2 of this Article orparagraph 3 of 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 of Article 35, separately for any orall of the territories for the foreign relations ofwhich such State is responsible.

Article 37

1. When the whole or part of the territory ofa Contracting State is transferred to a non-contracting State, this Convention shall ceaseto apply to the territory so transferred, as fromthe date of the transfer.

2. When part of the territory of 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 of the territory ofanother State is transferred to a ContractingState, the Convention shall apply to the territoryso transferred as from the date of the transfer;provided that, if the territory transferred doesnot become part of the metropolitan territory

of the Contracting State concerned, thatContracting State may, before or at the time ofthe transfer, declare by notification to theInternational Civil Aviation Organization thatthe Convention shall not apply to the territorytransferred unless a notification is made underparagraph 3 of Article 36.

Article 38

The Secretary General of the InternationalCivil Aviation Organization shall give noticeto all signatory and adhering States and to allStates Members of the Organization or of theUnited Nations :

(a) of the deposit of any instrument ofratification or adherence and the datethereof, within thirty days from the dateof the deposit, and

(b) of the receipt of any denunciation or ofany declaration or notification madeunder Article 36 or 37 and the datethereof, within thirty days from the dateof the deposit, and

The Secretary General of the Organizationshall also notify these States of the date onwhich the convention comes into force inaccordance with paragraph 1 of Article 33.

Article 39

No reservations may be made to thisConvention

IN WITNESS WHEREOF the undersignedPlenipotentiaries, having been duly authorised,have signed this Convention

DONE at Rome on the Seventh day of themonth of October of the year One ThousandNine Hundred and Fifty Two in the English,French and Spanish languages, each text beingof equal authenticity.

The Convention shall be deposited withthe International Civil Aviation Organizationwhere in accordance with Article 31, it shallremain open for signature, and the SecretaryGeneral of the Organization hall send certifiedcopies thereof to all signatory and adheringStates and to all States Members of theOrganization of the United Nations.

CHAP. XV ROME CONVENTION, 1952

CHAPTER XVI

CONVENTION ON OFFENCES AND CERTAINOTHER ACTS COMMITTED ON BOARD AIRCRAFT

SIGNED AT TOKYO ON 14 SEPTEMBER, 1963

(THE TOKYO CONVENTION, 1963)

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132


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THE STATES Parties to this Convention.

HAVE AGREED as follows :

CHAPTER I

SCOPE OF THE CONVENTION

Article I

1. This Convention shall apply in respect of:

(a) offences against penal law;

(b) acts which, whether or not they areoffences, may or do jeopardize the safetyof the aircraft or of persons of propertytherein or which jeopardize good orderand discipline on board.

2. Except as provided in Chapter III, thisConvention shall apply in respect of offencescommitted or acts done by a person on boardany aircraft registered in a Contracting State,while that aircraft is in flight or on the surfaceof the high seas or of any other area outside theterritory of any State.

3. For the purposes of this Convention, anaircraft is considered to be in flight from themoment when power is applied for the purposeof take-off until the moment when the landingrun ends.

4. This Convention shall not apply toaircraft used in military, customs or policeservices.

Article 2

Without prejudice to the provisions ofArticle 4 and except when the safety of theaircraft or of persons or property on board sorequires no provision of this Convention shallbe interpreted as authorizing or requiring anyaction in respect of offences against penallaws of a political nature or those based onracial or religious discrimination.

CHAPTER II

JURISDICTION

Article 3

1. The State of registration of the aircraftis competent to exercise jurisdiction overoffences and acts committed on board.

2. Each Contracting State shall take suchmeasures as may be necessary to establish itsjurisdiction as the State of registration overoffences committed on board aircraft registeredin such State.

3. This Convention does not exclude anycriminal jurisdiction exercised in accordancewith national law.

Article 4

A Contracting State which is not the Stateof registration may not interfere with an aircraftin flight in order to exercise its criminaljurisdiction over an offence committed on boardexcept in the following cases :

THE TOKYO CONVENTION, 1963 CHAP. XVI

CHAPTER XVI

CONVENTION ON OFFENCES AND CERTAIN

OTHER ACTS COMMITTED ON BOARD AIRCRAFT

SIGNED AT TOKYO ON 14 SEPTEMBER, 1963 *

(THE TOKYO CONVENTION, 1963)

* 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.

134

(a) the offence has effect on the territory ofsuch State;

(b) the offence has been committed by oragainst a national or permanent residentof such State;

(c) the offence is against the security ofsuch State;

(d) the offence consists of a breach of anyrules or regulations relating to the flightor manoeuver of aircraft in force insuch State;

(e) the exercise of jurisdiction is necessaryto ensure the observance of anyobligation of such State under amultilateral international agreement.

CHAPTER III

POWERS OF THE AIRCRAFTCOMMANDER

Article 5

1. The provisions of this Chapter shall notapply to offences and acts committed or aboutto be committed by a person on board an aircraftin flight in the air-space of the State ofregistration or over the high seas or any otherarea outside the territory of any State unlessthe last point of take-off or the next point ofintended landing is situated in a State otherthan that of registration, or the aircraftsubsequently flies in the air-space of a Stateother than that of registration with such personstill on board.

2. Notwithstanding the provisions ofArticle 1, paragraph 3, an aircraft shall for thepurposes of 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 caseof a forced landing, the provisions of thisChapter shall continue to apply with respect tooffences and acts committed on board untilcompetent authorities of a State take over theresponsibility for the aircraft and for thepersons and property on board.

Article 6

1. The aircraft commander may, when hehas reasonable grounds to believe that a personhas committed or is about to commit, on boardthe aircraft an offence or act contemplated inArticle 1 paragraph 1, impose upon such personreasonable measures including restrain whichare necessary :

(a) to protect the safety of the aircraft or ofpersons of 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 provisionsof this Chapter.

2. The aircraft commander may require orauthorize the assistance of other crew membersand may request or authorize, but not require,the assistance of 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 of the aircraft,or of persons of property therein.

Article 7

1. Measures of 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 of a non-Contracting State and its authoritiesrefuse to permit disembarkation of 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

CHAP. XVI THE TOKYO CONVENTION, 1963

135

(c) that person agrees to onward carriageunder restraint.

2. The aircraft commander shall as soonas practicable, and if possible before landingin the territory of a State with a person onboard who has been placed under restraint inaccordance with the provisions of Article 6,notify the authorities of such State of the factthat a person on board in under restraint and ofthe reasons for such restraint.

Article 8

1. The aircraft commander may, in so faras its is necessary for the purpose ofsubparagraph (a) or (b) of paragraph 1 of Article6, disembark in the territory of 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 of the State in which hedisembarks any person pursuant to this Article,the fact of, and the reasons for, suchembarkation.

Article 9

1. The aircraft commander may deliver tothe competent authorities of any ContractingState in the territory of 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 offenceaccording to the penal law of the Stateregistration of the aircraft.

2. The aircraft commander shall as soonas practiable and if possible before landing inthe territory of a Contracting State with a personon board whom the aircraft commander intendsto deliver in accordance with the proceedingparagraph, notify the authorities of such Stateof his intention to deliver such person and thereasons therefor.

3. The aircraft commander shall furnishthe authorities to whom any suspected offenderis delivered in accordance with the provisionsof this Article with evidence and information

which under the law of the State of registrationof the aircraft, are lawfully in his possession.

Article 10

For actions taken in accordance with thisConvention, neither the aircraft commander,any other member of the crew, any passenger,the owner or operator of the aircraft, nor theperson on whose behalf the flight was perfomedshall be held responsible in any proceeding onaccount of the treatment undergone by theperson against whom the actions were taken.

CHAPTER IV

UNLAWFUL SEIZURE OF AIRCRAFT

Article 11

1. When a person on board has unlawfullycommitted by force of threat thereof an act ofinterference seizure, or other wrongful exerciseof control of an aircraft in flight or when suchan act is about to be committed, ContractingStates shall take all appropriate measures torestore control of the aircraft to its lawfulcommander or to preserve his control of 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 V

POWERS AND DUTIES OF STATES

Article 12

Any Contracting State shall allow thecommander of an aircraft registered in anotherContracting State to disembark any personpursuant to Article 8, paragraph 1.

Article 13

1. Any Contracting State shall take deliveryof any person whom the aircraft commanderdelivers pursuant to Article 9, paragraph 1.


136

2. Upon being satisfied that thecircumstances so warrant, any Contracing Stateshall take custody or other measures to ensurethe presence of any person suspected of an actcontemplated in Article 11, paragraph 1 and ofany person of whom it has taken delivery. Thecustody and other measures shall be as providedin the law of 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 of the State of 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 of 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 of registration ofthe aircraft and the State of nationality of thedetained person and, if it considers it advisable,any other interested State of the fact that suchperson is in custody and of the circumstanceswhich warrant his detention. The State whichmakes the preliminary enquiry contemplatedin paragraph 4 of this Article shall promptlyreport its findings to the said States and shallindicate whether it intends to exercisejurisdiction.

Article 14

1. 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 of

landing refuses to admit him, that State may, ifthe person in question is not a national orpermanent resident of that State, return him tothe territory of the State of which he is anational or permanent resident or to the territoryof the State in which he began his journey byair.

2. Neither disembarkation, nor delivery,nor the taking of custody or other measurescontemplated in Article 13, paragraph 2, norreturn of the person concerned, shall beconsidered as admission to the territory of theContracting State concerned for the purposeof its law relating to entry or admission ofpersons and nothing in this Convention shallaffect the law of a Contracting State relating tothe expulsion of persons from its territory.

Article 15

1. 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 of hischoice unless his presence is required by thelaw of the State of landing for the purpose ofextradition of 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 of 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 of suchContracting State in like circumstances.


137

CHAPTER VI

OTHER PROVISIONS

Article 16

1. Offences committed on aircraftregistered in a Contracting State shall be treated,for the purpose of extradition, as if they hadbeen committed not only in the place in whichthey have occurred but also in the territory ofthe State of registration of the aircraft.

2. Without prejudice to the provisions ofthe preceding paragraph, nothing in thisConvention shall be deemed to create anobligation to grant extradition.

Article 17

In taking any measures for investigation orarrest or otherwise exercising jurisdiction inconnection with any offence committed onboard an aircraft the Contracting State shallpay due regard to the safety and other interestsof air navigation and shall so act as to avoidunnecessary delay of the aircraft, passengerscrew or cargo.

Article 18

If Contracting States establish joint airtransport operating organizations orinternational operating agencies, which operateaircraft not registered in any one State thoseStates shall, according to the circumstances ofthe case, designate the State among them whichfor the purposes of this Convention, shall beconsidered as the State of registration andshall give notice thereof to the InternationalCivil Aviation Organization which shallcommunicate the notice to all States parties tothis Convention.

CHAPTER VII

FINAL CLAUSES

Article 19

Until the date on which this Conventioncomes into force in accordance with theprovisions of Article 21, it shall remain openfor signature on behalf of any State which at

that date is a Member of the United Nations orof any of the Specialized Agencies.

Article 20

1. This Convention shall be subject toratification by the signatory States inaccordance with their constitutionalprocedures.


Article 21

1. As soon as twelve of the signatory Stateshave deposited their instruments of ratificationof this Convention, it shall come into forcebetween them on the ninetieth day after thedate of the deposit of the twelfth instrument ofratification. It shall come into force for eachState ratifying thereafter on the ninetieth dayafter the deposit of its instrument of ratification.

2. As soon as this Convention comes intoforce, it shall be registered with the Secretary-General of the United Nations by theInternational Civil Aviation Organization.

Article 22

1. This Covention shall, after it has comeinto force, be open for accession by any StateMember of the United Nations or of any of thisSpecialized Agencies.

2. The accession of a State shall be effectedby the deposit of an instrument of accessionwith the international Civil AviationOrganization and shall take effect on theninetieth day after the date of such deposit.

Article 23

1. Any Contracting state may denouncethis Convention by notification addressed tothe International Civil Aviation Organization.

2. Denunciation shall take effect sixmonths after the date of receipt by theInternational Civil Aviation Organization ofthe notification of denunciation.


138

Article 24

1. Any dispute between two or moreContracting States concerning theinterpretation or application of this Conventionwhich cannot be settled through negotiation,shall at the request of one of them, be submittedto arbitration. If within six months from thedate of the request for arbitration the Partiesare unable to agree on the organization of thearbitration, any one of those Parties may referthe dispute to the International Court of Justiceby request in conformity with the Statute of theCourt.

2. Each State may at the time of signatureor ratification of 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 InternationalCivil Aviation Organization.

Article 25

Except as provided in Article 24 noreservation may be made to this Convention.

Article 26

The International Civil AviationOrganization shall give notice to all StatesMembers of the United Nations or of any of theSpecialized Agencies :

(a) of any signature of this Convention andthe date thereof;

(b) of the deposit of any instrument ofratification or accession and the datethereof;

(c) of the date on which this Conventioncomes into force in accordance withArticle 21, para-graph 1;

(d) of the receipt of any notification ofdenunciation and the date thereof; and

(e) of the receipt of any declaration ornotification made under Article 24 andthe date thereof.

IN WITNESS WHEREOF the undersignedPlenipotentiaries having been duly authorised,have signed this Convention.

DONE at Tokyo on the fourteeth day ofSeptember One Thousand Nine Hundred andSixtythree in three authentic texts drawn up inthe English, French and Spanish languages.

This Convention shall be deposited withthe International Civil Aviation Organizationwith which, in accordance with Article 19, itshall remain open for signature and the saidOrganization shall send certified copies thereofto all States Members of the United Nations orof any Specialized Agency.


CHAPTER XVII

CONVENTION FOR THE SUPPRESSION OFUNLAWFUL SEIZURE OF AIRCRAFT

SIGNED AT THE HAGUE ON 16TH DECEMBER, 1970

(THE HAGUE CONVENTION, 1970)

139

140


141

PREAMBLE

THE STATE PARTIES TO THISCONVENTION

CONSIDERING that unlawful acts ofseizure or exercise of control of aircraft inflight jeopardize the safety of persons andproperty, seriously affect the operation of airservices, and undermine the confidence of thepeoples of the world in the safety of civilaviation;

CONSIDERING that the occurrence of suchacts is a matter of grave concern;

CONSIDERING that for the purpose ifdeterring such acts, there is an urgent need toprovide appropriate measures for punishmentof offenders;


Article 1

Any person who on board an aircraft inflight:

(a) unlawfully, by force or thereat thereof,or by any other form of intimidationseizes, or exercises control of, thataircraft, or attempts to perform any suchact, or

(b) is an accomplice of a person whoperforms or attempts to perform anysuch act

commits an offence (hereinafter referred toas “the offence”).

Article 2

Each Contracting State undertakes to makethe offence punishable by severe penalties.

Article 3

1. For the purposes of 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 of 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 of take off or the place of actual landingof the aircraft on board which the offence iscommitted is situated outside the territory ofthe State of registration of 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 of take-

THE HAGUE CONVENTION, 1970 CHAP. XVII

CHAPTER XVII

CONVENTION FOR THE SUPPRESSION OF

UNLAWFUL SEIZURE OF AIRCRAFT

SIGNED AT THE HAGUE ON 16TH DECEMBER, 1970 *

(THE HAGUE CONVENTION, 1970)

* 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.

142

off and the place of actual landing of the aircrafton board which the offence is committed aresituated within the territory of the same Statewhere that State is one of those referred to inthat Article.

5. Notwithstanding paragraph 3 and 4 ofthis Article, Article 6,7,8 and 10 shall applywhatever the place of take-off or the place ofactual landing of the aircraft, if the offender orthe alleged offender is found in the territory ofa State other than the State of registration ofthat aircraft.

Article 4

1. Each Contracting State shall take suchmeasures as may be necessary to establish itsjurisdiction over the offence and any other actof violence against passengers or crewcommitted by the alleged offender in connectionwith the offence in the following cases :

(a) when the offence is committed on boardan aircraft registered in that State;

(b) when the aircraft on board which theoffence is committed lands in itsterritory with the alleged offender stillon board;

(c) when the offence is committed on boardan aircraft leased without crew to alessee who has his principal place ofbusiness, if the lessee has no such placeof 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 offence inthe case where the alleged offender is presentin its territory and it does not extradite himpursuant to Article 8 to any of the Statesmentioned in paragraph 1 of this Article.


Article 5

The 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 of the Stateof registration for the purpose of thisConvention and shall give notice thereof to theInternational Civil Aviation Organizationwhich shall communicate the notice to all StatesParties to this Convention.

Article 6

1. Upon being satisfied that thecircumstances so warrant, any ContractingState in the territory of which the offender orthe alleged offender is present, shall take himinto custody or take other measures to ensurehis presence. The custody and other measuresshall be as provided in the law of 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 of this Article shall be assisted incommunicating immediately with the nearestappropriate representative of the State of whichhe is a national.

4. When a State, pursuant to this Article,has taken a person into custody, it shallimmediately notify the State of registration ofthe aircraft, the State mentioned in Article 4,paragraph 1(c), the State of nationality of thedetained person and, if it considers it advisable,any other interested States of the fact that suchperson is in custody and of the circumstanceswhich warrant his detention. The State whichmakes the preliminary enquiry contemplated

CHAP. XVII THE HAGUE CONVENTION, 1970

143

in paragraph 2 of this Article shall promptlyreport its findings to the said States and shallindicate whether it intends to exercisejurisdiction.

Article 7

The Contracting State in the territory ofwhich the alleged offender is found shall, if itdoes not extradite him, be obliged, withoutexception whatsoever and whether or not theoffence was committed in its territory, tosubmit the case to its competent authoritiesfor the purpose of prosecution. Thoseauthorities shall take their decision in thesame manner as in the case of any ordinaryoffence of a serious nature under the law ofthat State.

Article 8

1. The offence shall be deemed to beincluded as an extraditable offence in anyextradition treaty existing between ContractingStates. Contracting States undertake to includethe offence as an extraditable offence in everyextradition treaty to be concluded betweenthem.

2. If a Contracting State which makesextradition conditional on the existence of 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 of the offence. Extradition shall besubject to the other conditions provided bythe law of the requested State.

3. Contracting States which do not makeextradition conditional on the existence of atreaty shall recognize the offence as anextraditable offence between themselvessubject to the conditions provided by the lawof the requested State.

4. The offence shall be treated, for thepurpose of extradition between ContractingStates, as if it had been committed not only inthe place in which it occurred but also interritories of the States required to establish

THE HAGUE CONVENTION, 1970 CHAP. XVII

their jurisdiction in accordance with Article 4,paragraph 1.

Article 9

1. When any of the acts mentioned in Article1(a) has occurred or is about to occur,Contracting States shall take all appropriatemeasures to restore control of the aircraft to itslawful commander or to preserve his control ofthe 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 of thejourney of the passengers and crew as soon aspracticable, and shall without delay return theaircraft and its cargo to the persons lawfullyentitled to possession.

Article 10

1. Contracting States shall afford oneanother the greatest measure of assistance inconnection with criminal proceedings broughtin respect to the offence and other actsmentioned in Article 4. The law of the Staterequested shall apply in all cases.

2. The provision of paragraph 1 of 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 11

Each Contracting State shall in accordancewith its national law report to the Council ofthe International Civil Aviation Organizationas promptly as possible any relevantinformation in its possession concerning :

(a) the circumstances of the offence;

(b) the action taken pursuant to Article 9;

(c) the measures taken in relating to theoffender or the alleged offender, and inparticular, the results of any extraditionproceedings or other legal proceedings.

144

Article 12

1. Any dispute between two or moreContracting States concerning theinterpretation or application of this Conventionwhich cannot be settled through negotiation,shall at the request of one of them, be submittedto arbitration. If within six months from thedate of the request for arbitration the Partiesare unable to agree on the organization of thearbitration, any one of those Parties may referthe dispute to the International Court of Justiceby request in conformity with the Statute of theCourt.

2. Each State may at the time of signatureor ratification of 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 13

1. 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 of this Articlemay accede to it at any time.

2. This Convention shall be subject toratification by the signatory States. Instrumentsof ratification and instruments of accessionshall be deposited with the Governments ofthe Union of Soviet Socialist Republics, theUnited Kingdom of Great Britain and Northern

Ireland, and the United States of America,which are hereby designated the DepositaryGovernments.

3. This Convention shall enter into forcethirty days following the date of the deposit ofinstruments of ratification by ten Statessignatory to this Convention which participatedin The Hague Conference.

4. For other States, this Convention shallenter into force on the date of entry into forceof this Convention in accordance withparagraph 3 of the this Article, or thirty daysfollowing the date of deposit of theirinstruments of ratification or accession,whichever is later.

5. The Depositary Governments shallpromptly inform all signatory and accedingStates of the date of each signature, the date ofdeposit of each instrument of ratification oraccession, the date of entry into force of theConvention, and other notices.

6. As soon as this Convention comes intoforce, it shall be registered by the DepositaryGovernments pursuant to Article 102 of theChapter of the United Nations and pursuant toArticle 83 of the Convention of InternationalCivil Aviation (Chicago, 1944).

Article 14

1. 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 ofDecember, one thousand nine hundred andseventy, in three originals, each being drawnup in four authentic texts in the English, French,Russian and Spanish languages.

CHAP. XVII THE HAGUE CONVENTION, 1970

CHAPTER XVIII

CONVENTION ON THE SUPPRESSION OF UNLAWFULACTS AGAINST THE SAFETY OF CIVIL AVIATION

SIGNED AT MONTREAL ON 23RD SEPTEMBER, 1971.

(THE MONTREAL CONVENTION, 1971)

145

146


147

THE MONTREAL CONVENTION, 1971 CHAP. XVIII

THE STATES PARTIES TO THISCONVENTION

CONSIDERING that unlawful acts againstthe safety of civil aviation jeopardize the safetyof persons and property, seriously affect theoperation of air services, and undermine theconfidence of the peoples of the world in thesafety of civil aviation;

CONSIDERING that occurrence of suchacts is a matter of grave concern;

CONSIDERING that, for the purpose ofdeterring such acts, there is an urgent need toprovide appropriate measures for punishmentof offenders;

HAVE AGREED AS FOLLOWS:

Article 1

Any person commits an offence if heunlawfully and intentionally :–

(a) performs an act of violence against aperson on board an aircraft in flight ifthe act is likely to endanger the safety ofthat aircraft; or

(b) destroys an aircraft in service or causesdamage to such an aircraft which rendersit incapable of flight or which is likelyto endanger its safety in flight; or

(c) places or causes to be placed on anaircraft in service, by any means

whatsoever, a device or substance whichis likely to destroy that aircraft, or tocause damage to it which renders itincapable of 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 opera-tion if any such act is likely to endangerthe safety of aircraft in flight; or

(e) communicates information which heknows to be false, thereby endangeringsafety of an aircraft in flight.

Any person also commits an offence if he:

(a) attempts to commit any of the offencesmentioned in paragraph 1 of this Article;or

(b) is an accomplice of a person whocommits or attempts to commit any suchoffence.

Article 2

For the purposes of 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 of a forced landing, the flight

CHAPTER XVIII

CONVENTION ON THE SUPPRESSION OF UNLAWFUL

ACTS AGAINST THE SAFETY OF CIVIL AVIATION

SIGNED AT MONTREAL ON 23RD SEPTEMBER, 1971 *


* 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.

148

CHAP. XVIII THE MONTREAL CONVENTION, 1971

shall 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 of the preflightpreparation of the aircraft by groundpersonnel or by the crew for a specificflight until twenty four hours after anylanding; the period of service shall, inany event, extend for the entire periodduring which the aircraft is in flight asdefined in paragraph (a) of this Article.

Article 3

Each Contracting State undertakes to makethe offences mentioned in Article 1 punishableby severe penalties.

Article 4

1. 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) of paragraph 1 of Article 1,this Convention shall apply, irrespective ofwhether the aircraft is engaged in aninternational or domestic flight, only if:

(a) the place of take-off or landing, actualor intended, of the aircraft is situatedoutside territory of the State ofregistration of that aircraft; or

(b) the offence is committed in the territoryof a State other than the State ofregistration of the aircraft.

3. Notwithstanding paragraph 2 of thisArticle, in the cases contemplated in sub-paragraphs (a), (b), (c) and (e) of paragraph 1of Article 1, this convention shall also apply ifthe offender or the alleged offender is found inthe territory of a State other than the State ofregistration of the aircraft.

4. With respect to the States mentioned inArticle 9 and in cases mentioned in sub-paragraph (a), (b), (c) and (e) of paragraph 1 ofArticle 1, this Convention shall not apply if the

places referred to in subparagraph (a) ofparagraph 2 of this Article are situated withinthe territory of the same State where that Stateis one of those referred to in Article 9, unlessthe offence is committed or the offender oralleged offender is found in the territory of aState other than that State.

5. In the cases contemplated insubparagraph (d) of paragraph 1 of Article 1,this Convention shall apply only if the airnavigation facilities are used in internationalair navigation.

6. The provisions of paragraphs 2, 3, 4, and5 of this Article shall also apply in the casescontemplated in paragraph 2 of Article 1.

Article 5

1. Each Contracting State shall take suchmeasures as may be necessary to establish itsjurisdiction over the offences in the followingcases:

(a) when the offence is committed in theterritory of that State;

(b) when the offence is committed againstor on board an aircraft registered in thatState;

(c) when the aircraft on board which theoffence is committed lands in itsterritory with the alleged offender stillon board;

(d) when the offence is committed againstor on board an aircraft leased withoutcrew to a lessee who has his principalplace of business or, if the lessee has nosuch place of business, his permanentresidence, in that State.

2. Each Contracting State shall likewisetake such measures as may be necessary toestablish its jurisdiction over the offencesmentioned in Article 1, paragraph 1(a), (b) and(c), and in Article 1, paragraph 2, in so far asthat paragraph relates to those offences in thecase where the alleged offender is present inits territory and it does not extradite himpursuant to Article 8 to any of the Statesmentioned in paragraph 1 of this Article.

149


Article 6

1. Upon being satisfied that thecircumstances so warrant, any Contracting Statein the territory of which the offender or thealleged offender is present, shall take him intocustody or take other measures to ensure hispresence. The custody and other measures shallbe as provided in the law of 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 of this Article shall be assisted incommunicating immediately with the nearestappropriate representative of the State of 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 of nationalityof the detained person and, if it considers itadvisable, any other interested States of thefact that such person is in custody and of thecircumstances which warrant his detention.The State which makes the preliminary enquirycontemplated in paragraph 2 of this Articleshall promptly report its findings to the saidStates and shall indicate whether it intends toexercise jurisdiction.

Article 7

The Contracting State in the territory ofwhich the alleged offender is found shall, if itdoes not extradite him, be obliged, withoutexception whatsoever and whether or not theoffence was committed in its territory to submitthe case to its competent authorities for thepurpose of prosecution. Those authorities shalltake their decision in the same manner as inthe case of any ordinary offence of a seriousnature under the law of that State.

Article 8

1. The offences shall be deemed to beincluded as extraditable offences in anyextradition treaty existing between ContractingStates. Contracting States undertake to includethe offences as extraditable offences in everyextraditions treaty to be concluded betweenthem.

2. If a Contracting State which makesextradition conditional on the existence of 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 of the offences.Extradition shall be subject to the otherconditions provided by the law of the requestedState.

3. Contracting States which do not makeextradition conditional on the existence of atreaty shall recognize the offences asextraditable between themselves subject to theconditions provided by the law of the requestedState.

4. Each of the offences shall be treated, forthe purpose of extradition between ContractingStates, as if it has been committed not only inthe place in which it occurred but also in theterritories of the States required to establishtheir jurisdiction in accordance with Article 5,paragraph 1(b), (c) and (d).

Article 9

The 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 of the Stateof registration for the purpose of thisConvention and shall give notice thereof to theInternational Civil Aviation Organizationwhich shall communicate the notice to all StatesParties to this Convention.

MONTREAL CONVENTION, 1971 CHAP. XVIII

150

Article 10

1. Contracting States shall, in accordancewith international and national law, endeavourto take all practicable measures for thepurpose of preventing the offences mentionedin Article 1.

2. When, due to the commission of one ofthe offences 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 of the journey of thepassengers and crew as soon as practicable,and shall without delay return the aircraft andits cargo to the persons lawfully entitled topossession.

Article 11

1. Contracting States shall afford oneanother the greatest measure of assistance inconnection with criminal proceedings broughtin respect of the offences. The law of the Staterequested shall apply in all cases.

2. The provisions of paragraph 1 of 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 12

Any Contracting State having reason tobelieve that one of the offences 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 13

Each Contracting State shall in accordancewith its national law report to the Council ofthe International Civil Aviation Organizationas promptly as possible any relevantinformation in its possession concerning :

(a) the circumstances of the offence;

(b) the action taken pursuant to Article 10,paragraph 2;

(c) the measures taken in relation to theoffender or the alleged offender and, inparticular , the results of any extraditionproceedings or other legal proceedings.

Article 14

1. Any dispute between two or moreContracting States concerning theinterpretation or application of this Conventionwhich cannot be settled through negotiation,shall, at the request of one of them, be submittedto arbitration. If within six months from thedate of the request for arbitration the Partiesare unable to agree on the organization of thearbitration, any one of those Parties may referthe dispute to the International Court of Justiceby request in conformity with the Statute ofthe Court.

2. Each State may at the time of signatureor ratification of 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 15

1. 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 of this Articlemay accede to it at any time.

CHAP. XVIII THE MONTREAL CONVENTION, 1971

151

2. The convention shall be subject toratification by the signatory States. Instrumentsof ratification and instruments of accessionshall be deposited with the Governments ofthe Union of Soviet Socialist Republics, theUnited Kingdom of Great Britain and NorthernIreland, and the United States of America,which are hereby designated the DepositaryGovernments.

3. This Convention shall enter into forcethirty days following the date of deposit ofinstrument of ratification by ten states signatorythis convention which participated in theMontreal Conference.

4. For other States, this Convention shallenter into force on the date of entry into forceof this Convention in accordance withparagraph 3 of this Article, of thirty daysfollowing the date of deposit of theirinstruments of ratification or accession,whichever is later.

5. The Depositary Governments shallpromptly inform all signatory and accedingStates of the date of each signature, the date ofdeposit of each instrument of retification or

accession, the date of entry into force of thisConvention, and other notices.

6. As soon as this Convention comes intoforce, it shall be registered by the DepositaryGovernments pursuant to Article 102 of theCharter of the United Nations and pursuant toArticle 83 of the Convention on InternationalCivil Aviation (Chicago, 1944).

Article 16

1. 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 ofSeptember, one thousand nine hundred andseventy-one in three originals, each being drawnup in four authentic texts in the English, French,Russian and Spanish languages.

MONTREAL CONVENTION, 1971 CHAP. XVIII

152


CHAPTER XIX

PROTOCOL FOR THE SUPPRESSION OF UNLAWFULACTS OF VIOLENCE AT AIRPORTS SERVING

INTERNATIONAL CIVIL AVIATION, SIGNED ATMONTREAL ON 24 FEBRUARY, 1988 SUPPLEMENTARY

TO THE CONVENTION FOR THE SUPPRESSIONOF UNLAWFUL ACTS AGAINST THE SAFETYOF CIVIL AVIATION, DONE AT MONTREAL

ON 23 SEPTEMBER, 1971

(THE MONTREAL PROTOCOL, 1988)

153

154


155

THE STATES PARTIES TO THISPROTOCOL

CONSIDERING that unlawful acts ofviolence which endanger or are likely to endangerthe safety of persons at airports servinginternational civil aviation or which jeopardizethe safe operation of such airports underminethe confidence of the peoples of the world insafety at such airports and disturb the safe andorderly conduct of civil aviation for all States;

CONSIDERING that the occurrence of suchacts is a matter of grave concern to theinternational community and that, for the purposeof deterring such acts, there is an urgent need toprovide appropriate measures for punishment ofoffenders;

CONSIDERING that it is necessary to adoptprovisions supplementary to those of theConvention for the Suppression of unlawful Actsagainst the safety of Civil Aviation, done atMontreal on 23 September 1971, to deal withsuch unlawful acts of violence at airports servinginternational civil aviation;


Article IThis Protocol supplements the Convention

for the Suppression of Unlawful Acts against theSafety of Civil Aviation, done at Montreal on 23September 1971 (hereinafter referred to as “theConvention”), and, as between the Parties to thisProtocol, the Convention and the Protocol shall

be read and interpreted together as one singleinstrument.

Article II1. In Article 1 of the Convention, the following

shall be added as new paragraph 1 bis :

“1 bis. Any person commits an offence if heunlawfully and intentionally, using any device,substance or weapon:

(a) performs an act of 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 facilitiesof an airport serving international civilaviation or aircraft not in service locatedthereon or disrupts the services of theairport,

if such an act endangers or is likely toendanger safety at that airport.”

2. In paragraph 2(a) of Article 1 of theConvention, the following words shall be insertedafter the words “paragraph 1”:

“or paragraph 1 bis”.

Article IIIIn Article 5 of the Convention, the following

shall be added as paragraph 2 bis :

“2 bis. Each Contracting State shall likewise takesuch measures as may be necessary to establish itsjurisdiction over the offences mentioned in Article 1,paragraph 1 bis, and in Article 1, paragraph 2, in so

CHAPTER XIX

PROTOCOL 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 MONTREAL PROTOCOL, 1988 CHAP. XIX

* 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.

156

far as that paragraph relates to those offences, in thecase where the alleged offender is present in itsterritory and it does not extradite him pursuant toArticle 8 to the State mentioned in paragraph 1(a) ofthis Article.”

Article IVThis Protocol shall be open for signature at

Montreal 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 ratification

by 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 thereof.

3. Instruments of ratification shall bedeposited with the Governments of the Union ofSoviet Socialist Republics, the United Kingdomof Great Britain and Northern Ireland and UnitedStates of America or with the International CivilAviation Organization, which are herebydesignated the Depositaries.

Article VI1. As soon as ten of the signatory States have

deposited their instruments of ratification of thisProtocol, it shall enter into force between themon the thirtieth day after the date of the deposit ofthe tenth instrument of ratification. It shall enterinto force for each State which deposits itsinstrument of ratification after that date on thethirtieth day after deposit of its instrument ofratification.

2. As soon as this Protocol enters into force,it shall be registered by the Depositaries pursuantto Article 102 of the Charter of the United Nationsand pursuant to Article 83 of the Convention onInternational Civil Aviation (Chicago, 1944).

Article VII1. This Protocol shall, after it has entered

into force, be open for accession by any non-signatory State.

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 thereof.

3. Instruments of 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 it

by written notification addressed to theDepositaries.

2. Denunciation shall take effect six monthsfollowings the date on which notification isreceived by the Depositaries.

3. Denunciation of this Protocol shall not ofitself have the effect of denunciation of theConvention.

4. Denunciation of the Convention by aContracting State to the Convention assupplemented by the Protocol shall also have theeffect of denunciation of this Protocol.

Article IX1. The Depositaries shall promptly inform all

signatory and acceding States to this Protocoland all signatory and acceding States to theConvention :

(a) of the date of each signature and the dateof deposit of each instrument ofratification of, or accession to, thisProtocol, and

(b) of the receipt of any notification ofdenunciation of this Protocol and the datethereof.

2. The Depositaries shall also notify the Statesreferred to in paragraph 1 of 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 dayof February of 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.

CHAP. XIX MONTREAL PROTOCOL, 1988

CHAPTER XX

CONVENTION ON THE MARKING OF PLASTICEXPLOSIVES FOR THE PURPOSE OF DETECTION

SIGNED AT MONTREAL ON 1ST MARCH, 1991


157

158


159

CHAPTER XX

CONVENTION ON THE MARKING OF PLASTIC

EXPLOSIVES FOR THE PURPOSE OF DETECTION

SIGNED AT MONTREAL ON 1ST MARCH, 1991


THE STATES PARTIES TO THISCONVENTION,

CONSCIOUS of the implications of acts ofterrorism of international security ;

EXPRESSING deep concern regardingterrorist acts aimed at destruction of aircraft,other means of transportation and other targets;

CONCERNED that plastic explosives havebeen used for such terrorist acts;

CONSIDERING that the marking of suchexplosives for the purpose of detection wouldcontribute significantly to the prevention ofsuch unlawful acts;

RECOGNIZING that for the purpose ofdeterring 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 of 14 June 1989, andUnited Nations General Assembly Resolution44/29 of 4 December 1989 urging theInternational Civil Aviation Organization tointensify its work on devising an internationalregime for the marking of plastic or sheetexplosives for the purpose of detection;

BEARING IN MIND Resolution A-27-8adopted unanimously by the 27th Session ofthe Assembly of the International Civil Aviation

Organization which endorsed with the highestand overriding priority the preparation of anew international instrument regarding themarking of plastic or sheet explosives fordetection;

NOTING with satisfaction the role playedby the Council of the International CivilAviation Organization in the preparation ofthe Convention as well as its willingness toassume functions related to its implementation;


Article I

For the purpose of 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.

THE MONTREAL CONVENTION, 1991 CHAP. XX

* 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.

160

5. “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 regulationsof the State Party concerned.

6. “Producer State” means any State inwhose territory explosives are manufactured.

Article II

Each State Party shall take the necessaryand effective measures to prohibit and preventthe manufacture in its territory of unmarkedexplosives.

Article III

1. Each State Party take the necessary andeffective measures to prohibit and prevent themovement into or out of its territory ofunmarked explosives.

2. The preceding paragraph shall not applyin respect of movements for purposes notinconsistent with the objectives of thisConvention, by authorities of a State Partyperforming military or police functions, ofunmarked explosives under the control of thatstate Party in accordance with paragraph 1 ofArticle IV.

Article IV

1. Each State Party shall take the necessarymeasures to exercise strict and effective controlover the possession and transfer of possessionof unmarked explosives which have beenmanufactured in or brought into its territoryprior to the entry into force of this Conventionin respect of that State, so as to prevent theirdiversion or use for purposes inconsistent withthe objectives of this Convention.

2. Each State Party shall take the necessarymeasures to ensue that all stocks of thoseexplosives referred to in paragraph 1 of thisarticle not held by its authorities performingmilitary or police functions are destroyed orconsumed for purposes not inconsistent with

the objectives of this Convention, marked orrendered permanently ineffective, within aperiod of three years from the entry into forceof this Convention in respect of that State.

3. Each State Party shall take the necessarymeasures to ensure that all stocks of thoseexplosives referred to in paragraph 1 of thisArticle held by its authorities performingmilitary or police functions and that are notincorporated as an integral part of dulyauthorized military devices are destroyed orconsumed for purposes not inconsistent withthe objectives of this Convention, marked orrendered permanently ineffective, within aperiod of fifteen years from the entry intoforce of this Convention in respect of thatState.

4. Each State Party shall take the necessarymeasures to ensure the destruction, as soon aspossible, in its territory of unmarked explosiveswhich may be discovered therein and whichare not referred to in the precceding paragraphsof this Article, other than stocks of unmarkedexplosives held by its authorities performingmilitary or police functions and incorporatedas an integral part of duly authorized militarydevices at the date of the entry into force ofthis Convention in respect of that State.

5. Each State Party shall take the necessarymeasures to exercise strict and effective controlover the possession and transfer of possessionof the explosives referred to in paragraph II ofPart 1 of the Technical Annex of thisConvention so as to prevent their diversion oruse for purposes inconsistent with theobjectives of this convention.

6. Each State Party shall take the necessarymeasures to ensure the destruction, as soon aspossible, in its territory of unmarked explosivesmanufactured since the coming into force ofthis Convention in respect of that State that arenot incorporated as specified in paragraph IId) of Part 1 of the Technical Annex to thisConvention and of unmarked explosives whichno longer fall within the scope of any othersub-paragraphs of the said paragraph II.

CHAP. XX THE MONTREAL CONVENTION, 1991

161

Article V

1. There is established by this Conventionan International Explosives TechnicalCommission (hereinafter referred to as “ theCommission”) consisting of not less than fifteennor more than nineteen members appointed bythe Council of the International Civil AviationOrganization (hereinafter referred to as “theCouncil”) from among persons nominated byStates Parties to this Convention.

2. The members of the Commission shallbe experts having direct and substantialexperience in matters relating to themanufacture or detection of, or research in,explosives.

3. Members of the Commission shall servefor a period of three years and shall be eligiblefor re-appointment.

4. Sessions of the Commission shall beconvened, at least once a year at theHeadquarters of the International Civil AviationOrganization, 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 of theCouncil.

Article VI

1. The Commission shall evaluate technicaldevelopments relating to the manufacture,marking and detection of 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 of consensus theCommission shall take such decisions by a twothirds majority vote of its members.

4. The Council may, on the recommendationof the Commission, propose to States Parties

amendments to the technical Annex to thisConvention.

Article VII

1. Any State Party may, within ninety daysfrom the date of notification of 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 viewsof States Parties made pursuant to the precedingparagraph and report to the Council. TheCouncil, after consideration of theCommission’s report, and taking into accountthe nature of the amendment and the commentsof 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 of written notification to the Councilwithin ninety days from the date of notificationof 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 of the deposit of an instrument ofacceptance or approval, express their consentto be bound by the provisions of 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 of thisArticle, the Council may also convene aconference of all States Parties.


162

Article VIII

1. States Parties shall, if possible, transmitto the Council information that would assistthe Commission in the discharge of its functionsunder paragraph 1 of Article VI.

2. States Parties shall keep the Councilinformed of measures they have taken toimplement the provisions of this Convention.The Council shall communicate suchinformation to all States Parties andinternational organizations concerned.

Article IX

The Council shall, in co-operation withState Parties and international organizationconcerned, take appropriate measures tofacilitate the implementation of thisConvention, including the provision oftechnical assistance and measures for theexchange of information relating to technicaldevelopments in the marking and detection ofexplosives.

Article X

The Technical Annex to this Conventionshall form an integral part of this Convention.

Article XI

1. Any dispute between two or more StatesParties concerning the interpretation orapplication of this Convention which cannotbe settled through negotiation shall, at therequest of one of them, be submitted toarbitration. If within six months from the dateof the request for arbitration the Parties areunable to agree on the organization of thearbitration, any one of those Parties may referthe dispute to the International Court of Justiceby request in conformity with the Statute of theCourt.

2. Each State Party may, at the time ofsignature, ratification, acceptance or approvalof 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 made

such 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 XII

Except as provided in Article XI noreservation may be made to this Convention.

Article XIII

1. 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 of theInternational Civil Aviation Organization inMontreal until it enters into force in accordancewith paragraph 3 of 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 of ratification,acceptance, approval or accession shall bedeposited with the International Civil AviationOrganization, which is hereby designated theDepositary. When depositing its instrument ofratification, 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 of depositof the thirty-fifth instrument of ratification,acceptance, approval or accession with theDepositary, provided that no fewer than fiveStates have declared pursuant to paragraph 2of this Article that they are producer States.Should thirty five such instruments be depositedprior to the deposit of their instruments by fiveproducer States, this Convention shall enterinto force on the sixtieth day following thedate of deposit of the instrument of ratification,acceptance, approval or accession of the fifthproducer State.


163

4. For other States, this Convention shallenter into force sixty days following the dateof deposit of their instrument of ratification,acceptance, approval or accession.

As soon as this Convention comes intoforce, it shall be registered by the Depositarypursuant to Article 102 of the Chapter of theUnited Nations and pursuant to Article 83 ofthe Convention on International Civil Aviation(Chicago, 1944).

Article XIV

The Depositary shall promptly notify allsignatories and States Parties of :

1. each signature of this Convention anddate thereof;

2. each deposit of an instrument ofratification, acceptance, approval oraccession and date thereof, givingspecial reference to whether the Statehas identified itself as a producer State;

3. the date of entry into force of thisConvention;

4. the date of entry into force of anyamendment to this Convention or itsTechnical Annex;

5. any denunciation made under ArticleXV; and

6. any declaration made under paragraph2 of Article XI.

Article XV

1. 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 of March,one thousand nine hundred and ninety-one inone original, drawn up in five authentic textsin the English, French. Russian, Spanish andArabic languages.

TECHNICAL ANNEX

PART 1

DESCRIPTION OF EXPLOSIVES

1. The explosives referred to in paragraph1 of Article 1 of this Convention are those that:

(a) are formulated with one or more highexplosives which in their pure formhave a vapour pressure less than 10 - 4

Pa at a temperature of 250 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 of explosives inparagraph I of 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 of new or modified explosives;

(b) are manufactured, or held, in limitedquantities solely for use in dulyauthorized training in explosivesdetection and/ or development or testingof 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 of duly authorizedmilitary devices in the territory of theproducer State within the year after the


164

TABLE

Name of detection agent Molecular Molecular Minimumformula weight Concentration

Ethylene glycol dinitrate (EGDN) C2H

4(NO

3)

2152 0.2% by mass

2-3- Dimethy 1-2-3-dinitrobutane (DMNB) C6H

12(NO

2)

2176 0.1% by mass

para-Mononitrotoluene (p-MNT) C7H

7NO

2137 0.5% by mass

ortho-Mononitrotoluene (o-MNT) C7H

7NO

2137 0.5% by mass

coming into force of this Convention inrespect of that State. Such devicesproduced in this period of three yearsshall be deemed to be duly authorizedmilitary devices within paragraph 4 ofArticle IV of this Convention.

III. In this Part :

“duly authorized” in paragraph II (a), (b)and (c) means permitted according to the lawsand regulations of the State Party concerned;and

“high explosives” include but are notrestricted to cyclotetramethylenetetranitramine(HMX), pentaerythritol tetranitrate (PETN) andcyclotrimethylenetrinitramine (RDX).

PART 2

DETECTION AGENTS

A detection agent is any one of thosesubstances set out in the following Table.Detection agents described in this Table areintended to be used to enhance the detectabilityof explosives by vapour detection means. Ineach case, the introduction of a detection agentinto an explosive shall be done in such a manneras to achieve homogeneous distribution in thefinished product. The minimum concentrationof a detection agent in the finished product atthe time of manufacture shall be as shown inthe said Table.

Any explosive which, as a result of its normalformulation, contains any of the designated


detection agents at or above the requiredminimum concentration level shall be deemedto be marked.

CHAPTER XXI

CONVENTION FOR THE UNIFICATION OFCERTAIN RULES FOR INTERNATIONAL CARRIAGE BY

AIR SIGNED AT MONTREAL ON 28 MAY 1999


165

166


167

THE STATES PARTIES TO THISCONVENTION

RECOGNIZING the significantcontribution of the Convention for theUnification of 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 of privateinternational air law;

RECOGNIZING the need to modernize andconsolidate the Warsaw Convention and relatedinstruments;

RECOGNIZING the importance of ensuringprotection of the interests of consumers ininternational carriage by air and the need forequitable compensation based on the principleof restitution;

REAFFIRMING the desirability of anorderly development of international airtransport operations and the smooth flow ofpassengers, baggage and cargo in accordancewith the principle and objectives of theConvention on International Civil Aviation,done at Chicago on 7 December 1944;

CONVINCED that collective State actionfor further harmonization and codification ofcertain rules governing international carriageby air through a new Convention is the mostadequate means of achieving an equitablebalance of interests;


CHAPTER 1

GENERAL PROVISIONS

Article 1

Scope of Application

1. This Convention applies to allinternational carriage of persons, baggage orcargo performed by aircraft for reward. Itapplies equally to gratuitous carriage by aircraftperformed by an air transport undertaking.

2. For the purpose of this Convention, theexpression international carriage means anycarriage in which, according to the agreementbetween the parties, the place of departure andthe place of destination, whether or not therebe a break in the carriage or transhipment, aresituated either within the territories of twoStates Parties, or within the territory of a singleState Party if there is an agreed stopping placewithin the territory of another State, even ifthat State is not a State Party. Carriage betweentwo points within the territory of a single StateParty without an agreed stapping place withinthe territory of another State is not internationalcarriage for the purposes of 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 of a single contract or of a series ofcontracts, and it does not loose its internationalcharacter merely because one contract or a

CHAPTER XXI

CONVENTION FOR THE UNIFICATION OF CERTAIN

RULES FOR INTERNATIONAL CARRIAGE BY AIR

SIGNED AT MONTREAL ON 28 MAY 1999 *


THE MONTREAL CONVENTION, 1999 CHAP. XXI

* 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.

168

series of contracts is to be performed entirelywithin the territory of the same State.

4. This Convention applies also to carriageas set out in Chapter V, subject to the termscontained therein.

Article 2

Carriage Performed by State and Carriage ofPostal Items

1. 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 of 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 ofthis Article, the provisions of this Conventionshall not apply to the carriage of postal items.

CHAPTER II

DOCUMENTATION AND DUTIES OF THEPARTIES RELATING TO THE CARRIAGEOF PASSENGERS, BAGGAGE AND CARGO

Article 3

Passengers and Baggage

1. In respect of carriage of passengers, anindividual or collective document of carriageshall be delivered containing:


(b) if the places of departure and destinationare within the territory of a single StateParty, one or more agreed stoppingplaces being within the territory ofanother State, an indication of at leastone such stopping place.

2. Any other means which preserves theinformation indicated in paragraph 1 may besubstituted for the delivery of the documentreferred to in that paragraph. If any such othermeans is used, the carrier shall offer to deliver

to the passenger a written statement of theinformation so preserved.

3. The carrier shall deliver to the passengera baggage identification tag for each piece ofchecked baggage.

4. The passenger shall be given writtennotice to the effect that where this Conventionis applicable it governs and may limit theliability of carriers in respect of death or injuryand for destruction or loss of, or damage to,baggage, and for delay.

5. Non-compliance with the provisions orthe foregoing paragraphs shall not affect theexistence or the validity of the contract ofcarriage, which shall, nonetheless, be subjectto the rules of this Convention including thoserelating to limitation of liability.

Article 4

Cargo

1. In respect of the carriage of cargo, anair waybill shall be delivered.

2. Any other means which preserves arecord of the carriage to be performed may besubstituted for the delivery of an air waybill. Ifsuch other means are used, the carrier shall, ifso requested by the consignor, deliver to theconsignor a cargo receipt permittingidentification of the consignment and accessto the Information contained, in the recordpreserved by such other means.

Article 5

Contents of Air Waybill or Cargo Receipt

The air waybill or the cargo receipt shallinclude:


(b) if the places of departure and destinationare within the territory of a single State Party,one or more agreed stopping places being withinthe territory of another State, an indication ofat least one such stopping place; and

(c) an indication of the weight of theconsignment.

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Article 6

Document Relating to the Nature of the Cargo

The consignor may be required, if necessary,to meet the formalities of customs, police andsimilar public authorities to deliver a documentindicating the nature of the cargo. Thisprovision creates for the carrier no duty,obligation or liability resulting therefrom.

Article 7

Description of Air Way Bill

1. 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 of the carrier and that ofthe consignor may be printed or stamped.

4. If, at the request of the consignor, thecarrier makes out the air waybill, the carriershall be deemed, subject to proof to the contrary,to have done so on behalf of the consignor.

Article 8

Documentation for Multiple Packages

When there is more than one package:

(a) the carrier of 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 of Article 4 are used.

Article 9

Non-compliance with Documentary Requirements

Non-compliance with the provisions ofArticles 4 to 8 shall not affect the existence orthe validity of the contract of carriage, whichshall, nonetheless, be subject to the rules ofthis Convention including those relating tolimitation of liability.

Article 10

Responsibility for Particulars of Documentation

1. The consignor is responsible for thecorrectness of 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 of Article 4. The foregoing shallalso apply where the person acting on behalf ofthe consignor is also the agent of 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 ofthe irregularity, incorrectness or incompletenessof the particulars and statements furnished bythe consignor or on its behalf.

3. Subject to the provisions of paragraphsI and 2 of this Article, the carrier shall indemnifythe consignor against all damage suffered byit, or by any other person to whom the consignoris liable, by reason of the irregularity,incorrectness or incompleteness of 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 of Article 4.

Article 11

Evidentiary Value of Documentation

1. The air waybill or the cargo receipt isprima facie evidence of the conclusion of thecontract, of the acceptance of the cargo and ofthe conditions of carriage mentioned therein.

2. Any statements in the air waybill or thecargo receipt relating to the weight, dimensionsand packing of the cargo, as well as thoserelating to the number of packages, are primafacie evidence of the facts stated; those relatingto the quantity, volume and condition of 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 of the consignor, or relate to theapparent condition of the cargo.


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Article 12

Right of Disposition of Cargo

1. Subject to its liability to carry out all itsobligations under the contract of carriage, theconsignor has the right to dispose of the cargoby withdrawing it at the airport of departure ordestination, or by stopping it in the course ofthe journey on any landing, or by calling for itto be delivered at the place of destination or inthe course of the journey to a person other thanthe consignee originally designated, or byrequiring it to be returned to the airport ofdeparture. The consignor must not exercisethis right of disposition in such a way as toprejudice the carrier or other consignors andmust reimburse any expenses occasioned bythe exercise of this right.

2. If it is impossible to carry out theinstructions of the consignor, the carrier mustso inform the consignor forthwith.

3. If the carrier carries out the instructionsof the consignor for the disposition of thecargo without requiring the production of thepart of the air waybill or the cargo receiptdelivered to the latter, the carrier will be liable,without prejudice to its right of recovery fromthe consignor, for any damage which may becaused thereby to any person who is lawfullyin possession of that part of the air waybill orthe cargo receipt.

4. The right conferred on the consignorceases at the moment when that of 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 of disposition.

Article 13

Delivery of the Cargo

1. Except when the consignor hasexercised its right under Article 12, theconsignee is entitled, on arrival of the cargo atthe place of destination, to require the carrierto deliver the cargo to it, on payment of thecharges due and on complying with theconditions of carriage.

2. Unless it is otherwise agreed, it is theduty of the carrier to give notice to the consigneeas soon as the cargo arrives.

3. lf the carrier admits the loss of the cargo,or if the cargo has not arrived at the expirationof 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 of carriage.

Article 14

Enforcement of the Rights of Consignor andConsignee

The 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 of another, provided that it carriesout the obligations imposed by the contract ofcarriage.

Article 15

Relations of Consignor and Consignee orMutual Relations of Third Parties

1. Articles 12, 13 and 14 do not affect eitherthe relations of the consignor and the consigneewith each other or the mutual relations of thirdparties whose rights are derived either from theconsignor or from the consignee.

2. The provisions of Articles 12, 13 and14 can only be varied by express provision inthe air waybill or the cargo receipt.

Article 16

Formalities of Customs, Police or Other PublicAuthorities

1. The consignor must furnish suchinformation and such documents as arenecessary to meet the formalities of 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 of any suchinformation or documents, unless the damageis due to the fault of the carrier, its servants oragents.


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2. The carrier is under no obligation toenquire into the correctness or sufficiency ofsuch information or documents.

CHAPTER III

LIABILITY OF THE CARRIERAND EXTENT OF COMPENSATION

FOR DAMAGE

Article 17

Death and Injury of Passengers – Damage toBaggage

1. The carrier is liable for damage sustainedin case of death or bodily injury of a passengerupon condition only that the accident whichcaused the death or injury look place on boardthe aircraft or in the course of any of theoperations of embarking or disembarking.

2. The carrier is liable for damage sustainedin case of destruction or loss of, or of 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 of the carrier.However, the carrier is not liable if and to theextent that the damage resulted from theinherent defect, quality or vice of the baggage.In the case of unchecked baggage, includingpersonal items, the carrier is liable if the damageresulted from its fault or that of its servants oragents.

3. If the carrier admits the loss of thechecked baggage. or if the checked baggagehas not arrived at the expiration of 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 of carriage.

4. Unless otherwise specified, in thisConvention the term “baggage” means bothchecked baggage and unchecked baggage.

Article 18

Damage to Cargo

1. The carrier is liable for damage sustainedin the event of the destruction or loss of, or

damage 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 of, or damage to, the cargo resulted fromone or more of the following:

(a) inherent defect, quality or vice of thatcargo:

(b) defective packing of that cargoperformed by a person other than thecarrier or its servants or agents;

(c) an act of war or an armed conflict;

(d) an act of public, authority carried out inconnection with the entry, exit or transitof the cargo.

3. The carriage by air within the meaningof paragraph 1 of this Article comprises theperiod during which the cargo is in the chargeof the carrier.

4. The period of 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 of a contract for carriage by air, forthe purpose of loading, delivery or transhipment,any damage is presumed, subject to proof to thecontrary, to have been the result of an eventwhich took place during the carriage by air. If acarrier, without the consent of the consignor,substitutes carriage by another mode of transportfor the whole or part of a carriage intended by theagreement between the parties to be carriage byair, such carriage by another mode of transport isdeemed to be within the period of carriage by air.

Article 19

Delay

The carrier is liable for damage occasionedby delay in the carriage by air of 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.


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Article 20Exoneration

If the carrier proves that the damage wascaused or contributed to by the negligence orother wrongful act or omission of 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 of death or injury of 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 of thatpassenger. This Article applies to all the liabilityprovisions in this Convention, includingparagraph 1 of Article 21.

Article 21

Compemsation in Case of Death or Injury ofPassengers

1. For damages arising under paragraph 1of 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 of 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 of the carrier or its servants oragents; or

(b) such damage was solely due to thenegligence or other wrongful act oromission of a third party.

Article 22

Limits of Liability in Relation to Delay,Baggage and Cargo

1. In the case of damage caused by delayas specified in Article 19 in the carriage of

persons, the liability of the carrier for eachpassenger is limited to 4,150 Special DrawingRights.

2. In the carriage of baggage, the liabilityof the carrier in the case of 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 of 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 of cargo, the liability ofthe carrier in the case of destruction, loss,damage or delay is limited to a sum of 17Special Drawing Rights per kilogramme, unlessthe consignor has made, at the time when thepackage was handed over to the carrier, aspecial declaration of 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 of destruction, loss, damageor delay of part of the cargo, or of 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 of the package or packagesconcerned. Nevertheless, when the destruction,loss, damage or delay of a part of the cargo, orof an object contained therein, affects the valueof 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 of Article4, the total weight of such package or packagesshall also be taken into consideration indetermining the limit of liability.

5. The foregoing provisions of paragraphs1 and 2 of this Article shall not apply if it isproved that the damage resulted from an act or

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omission of 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 ofsuch act or omission of a servant or agent, it isalso proved that such servant or agent wasacting within the scope of 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 of the court costsand of the other expenses of the litigationincurred by the plaintiff, including interest.The foregoing provision shall not apply if theamount of the damages awarded, excludingcourt costs and other expenses of the litigation,does not exceed the sum which the carrier hasoffered in writing to the plaintiff within a periodof six months from the date of the occurrencecausing the damage, or before thecommencement of the action, if that is later.

Article 23

Conversion of Monetary Units

1. The sums mentioned in terms of SpecialDrawing Right in this Convention shall bedeemed to refer to the Special Drawing Rightas defined by the International Monetary Fund.Conversion of the sums into national currenciesshall, in case of judicial proceedings, be madeaccording to the value of such currencies interms of the Special Drawing Right at the dateof the judgement. The value of a nationalcurrency, in terms of the Special Drawing Right,of a State Party which is a Member of theInternational Monetary Fund, shall becalculated in accordance with the method ofvaluation applied by the International MonetaryFund, in effect at the date of the judgement, forits operations and transactions. The value of anational currency, in terms of the SpecialDrawing Right, of a State Party which is not aMember of the International Monetary Fund,shall be calculated in a manner determined bythat State.

2. Nevertheless, those States which arenot Members of the International MonetaryFund and whose law does not permit the

application of the provisions of paragraph 1 ofthis Article may, at International time ofratification or accession or at any timethereafter, decline that the limit of liability ofthe carrier prescribed in Article 21 is fixed at asum of 1,500,000 monetary units per passengerin judicial proceedings in their territories;62,500 monetary units per passenger withrespect to paragraph 1 of Article 22; 15,000monetary units per passenger with respect toparagraph 2 of Article 22; and 250 monetaryunits per kilogramme with respect paragraph 3of Article 22. This monetary unit correspondsto sixty-five and a half milligrammes of gold ofmillesimal fineness nine hundred. These sumsmay be converted into the national currencyconcerned in round figures. The conversion ofthese sums into national currency shall be madeaccording to the law of the State concerned.

3. The calculation mentioned in the lastsentence of paragraph 1 of this Article and theconversion method mentioned in paragraph 2of this Article shall be made in such manner asto express in the national currency of the StateParty as far as possible the same real value forthe amounts in Articles 21 and 22 as wouldresult from the application of the first threesentences of paragraph 1 of this Article. StateParties shall communicate to the depositarythe manner of calculation pursuant to paragraph1 of this Article, or the result of the conversionin paragraph 2 of this Article as the case maybe, when depositing an instrument ofratification, acceptance, approval of oraccession to this Convention and wheneverthere is a change in either.

Article 24

Review of Limits

1. Without prejudice to the provisions ofArticle 25 of this Convention subject toparagraph 2 below, the limits of liabilityprescribed in Articles 21, 22 and 23 shall bereviewed by the Depositary at five-yearintervals, the first such review to take place atthe end of the fifth year following the date ofentry into force of this convention, or if theConvention does not enter into force withinfive years of date it is first open for signature,


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within the first year of its entry into force, byreference to an inflation factor whichcorresponds to the accumulated rate of inflationsince the previous revision or in the firstinstance since the date of entry into force ofthe Convention. The measure of the rate ofinflation to be used in determining the inflationfactor shall be the weighted average of theannual rates of increase or decrease in theConsumer Price Indices of the States whosecurrencies comprise the Special Drawing Rightmentioned in paragraph 1 of Article 23.

2. If the review referred to in the precedingpragraph concludes that the inflation factorhas exceeded 10 percent, the Depositary shallnotify States Parties of a revision of the limitsof 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 ofthe States Parties register their disapproval,the revision shall not become effective and theDepository shall refer the matter to a meetingof the States Parties. The Depositary shallimmediately notify all States Parties or thecoming into force of any revision.

3. Notwithstanding paragraph 1 of thisArticle, the procedure referred to in paragraph2 of this Article shall be applied at any timeprovided that one-third of 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 of entryinto force of this Convention there has been noprevious revision. Subsequent reviews usingthe procedure described in paragraph 1 of thisArticle will take place at five-year intervalsstarting at the end of the Fifth year followingthe dale of the reviews under the presentparagraph.

Article 25

Stipulation on Limits

A carrier may stipulate that the contract ofcarriage shall be subject to higher limits ofliability than those provided for in thisConvention or to no limits of liability

whatsoever.

Article 26

Invalidity of Contractual Provisions

Any provision tending to relieve the carrierof liability or to fix a lower limit than thatwhich is laid down in this Convention shall benull and void, but the nullity of any suchprovision does not involve the nullity of thewhole contract, which shall remain subject tothe provisions of this Convention.

Article 27

Freedom to Contract

Nothing contained in this Convention shallprevent the carrier from refusing to enter intoany contract of carriage, from waiving anydefences available under the Convention, orfrom laying down conditions which do notconflict with the provisions of this Convention.

Article 28

Advance Payments

In the case of aircraft accidents resulting indeath or injury of 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 needsof such persons. Such advance payments shallnot constitute a recognition of liability andmay be offset against any amounts subsequentlypaid as damages by the carrier.

Article 29

Basis of Claims

In the carriage of 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 of 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.


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Article 30

Servants, Agents – Aggregation of Claims

1. If an action is brought against a servantor agent of the carrier arising out of damage towhich the Convention relates, such servant oragent, if they prove that they acted within thescope of their employment, shall be entitled toavail themselves of the conditions and limitsof liability which the carrier itself is entitled toinvoke under this Convention.

2. The aggregate of the amount recoverablefrom the carrier, its servants and agents, in thatcase shall not exceed the said limits.

3. Save in respect of the carriage of cargo,the provisions of paragraphs 1 and 2 of thisArticle shall not apply if it is proved that thedamage resulted from an act or omission of theservant or agent done with intent to causedamage or recklessly and with knowledge thatdamage would probably result.

Article 31

Timely Notice of Complaints

1. Receipt by the person entitled to deliveryof checked baggage or cargo without complaintis prima facie evidence that the same has beendelivered in good condition and in accordancewith the document of carriage or with therecord preserved by the other means referredto in paragraph 2 of Article 3 and paragraph 2of Article 4.

2. In the case of damage, the person entitledto delivery must complain to the carrier forthwithafter the discovery of the damage, and, at thelatest, within seven days from the date of receiptin the case of checked baggage and fourteendays from the date of receipt in the case of cargo.In the case of 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 of fraud on its part.

Article 32

Death of Person Liable

In the case of the death of the person liable,an action for damages lies in accordance withthe terms of this Convention against thoselegally representing his or her estate.

Article 33

Jurisdiction

1. An action for damages must be brought,at the option of the plaintiff, in the territory ofone of the States Parties, either before thecourt of the domicile of the carrier or of itsprincipal place of business, or where it has aplace of business through which the conducthas been made or before the court at the placeof destination.

2. In respect of damage resulting from thedeath or injury of a passenger, an action maybe brought before one of the courts mentionedin paragraph 1 of this Article, or in the territoryof a State Party in which at the time of theaccident the passenger has his or her principaland permanent residence and to or from whichthe carrier operates services for the carriage ofpassengers by air, either on its own aircraft, oron another carrier’s aircraft pursuant to acommercial agreement, and in which that carrierconducts its business of carriage of passengersby air from premises leased or owned by thecarrier itself or by another carrier with which ithas a commercial agreement.

3. For the purposes of paragraph 2,

(a) “commercial agreement” means anagreement, other than an agencyagreement, made between carriers andrelating to the provision of their jointservices for carriage of passengers by air;

(b) “principal and permanent residence”means the one fixed and permanent abodeof the passenger at the time of the accident.The nationality of the passenger shall notbe the determining factor in this regard.

4. Questions of procedure shall begoverned by the law of the court seised of thecase.


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Article 34

Arbitration

1. Subject to the provisions of this Article,the parties to the contract of carriage for cargomay stipulate that any dispute relating to theliability of the carrier under this Conventionshall be settled by arbitration. Such agreementshall be in writing.

2. The arbitration proceedings shall, at theoption of the claimant, take place within one ofthe jurisdictions referred to in Article 33.

3. The arbitrator or arbitration tribunalshall apply the provisions of this Convention.

4. The provisions of paragraphs 2 and 3 ofthis Article shall be deemed to be part of everyarbitration clause or agreement, and any termof such clause or agreement which isinconsistent therewith shall be null and void.

Article 35

Limitation of Actions

1. The right to damages shall beextinguished if an action is not brought withina period of two years, reckoned from the dateof 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 of calculating that periodshall be determined by the law of the courtseised of the case.

Article 36

Successive Carriage

1. In the case of carriage to be performed byvarious successive carriers and falling withinthe definition set out in paragraph 3 of Article 1,each carrier which accepts passengers, baggageor cargo is subject to the rules set out in thisConvention and is deemed to be one of theparties to the contract of carriage in so far as thecontract deals with that part of the carriage whichis performed under its supervision.

2. In the case of carriage of this nature, thepassenger or any person entitled tocompensation in respect of him or her can takeaction only against the carrier which performedthe carriage during which the accident or the

delay 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 ofaction against the first carrier, and the passengeror consignee who is entitled to delivery willhave a right of 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 37

Right or Recourse against Third Parties

Nothing in this Convention shall prejudicethe question whether a person liable for damagein accordance with its provisions has a right ofrecourse against any other person.

CHAPTER IV

COMBINED CARRIAGE

Article 38

Combined Carriage

1. In the case of combined carriageperformed partly by air and partly by any othermode of Carriage, the provisions of thisConvention shall, subject to paragraph 4 ofArticle 18, apply only to the carriage by air,provided that the carriage by air falls withinthe terms of Article 1.

2. Nothing in this Convention shall preventthe parties in the case of combined carriagefrom inserting in the document of air carriageconditions relating to other modes of carriage,provided that the provisions of this Conventionare observed as regards the carriage by air.

CHAPTER V

CARRIAGE BY AIR PERFORMEDBY A PERSON OTHER THAN THE

CONTRACTING CARRIER

Article 39

Contracting Carrier – Actual Carrier

The Provision of this chapter apply when aperson (hereinafter referred to as “the


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contracting carrier”) as a principal makes acontract of carriage governed by this conventionwith a passenger or consignor or with a personacting on behalf of the passenger or consignor,and another person (hereinafter referred to as“the actual carrier”) performs, by virtue ofauthority from the contracting carrier, the wholeor part of the carriage, but is not with respect tosuch part a successive carrier within themeaning of this Convention. Such authorityshall be presumed in the absence of proof tothe contrary.

Article 40

Respective Liability of Contracting and ActualCarriers

If an actual carrier performs the whole orpart of 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 of this Convention, the former for thewhole of the carriage contemplated in thecontract, the latter solely for the carriage whichit performs.

Article 41

Mutual Liability

1. The acts and omissions of the actualcarrier and of its servants and agents actingwithin the scope of their employment shall, inrelation to the carriage performed by the actualcarrier, be deemed to be also those of thecontracting carrier.

2. The acts and omissions of thecontracting carrier and of its servants and agentsacting within the scope of their employmentshall, in relation to the carriage performed bythe actual carrier, be deemed to be also thoseof 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 of rights or defencesconferred by this Convention or any special

declaration of interest in delivery at destinationcontemplated in Article 22 shall not affect theactual carrier unless agreed to by it.

Article 42

Addressee of Complaints and Instructions

Any 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 43

Servants and Agents

In relation to the carriage performed by theactual carrier, any servant or agent of thatcarrier or of the contracting carrier shall, ifthey prove that they acted within the scope oftheir employment, be entitled to availthemselves of the conditions and limits ofliability 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 ofliability from being invoked in accordance withthis Convention.

Article 44

Aggregation of Damages

In relation to the carriage performed by theactual carrier, the aggregate of the amountsrecoverable from that carrier and the contractingcarrier, and from their servants and agentsacting within the scope of their employment,shall not exceed the highest amount whichcould be awarded against either the contractingcarrier or the actual carrier under thisConvention, but none of the persons mentionedshall be liable for a sum in excess of the limitapplicable to that person.

Article 45

Addressee of Claims

In relation to the carriage performed by theactual carrier, an action for damages may bebrought, at the option of the plaintiff, against


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that carrier or the contracting carrier, or againstboth together or separately.

If the action is brought against only one ofthose carriers shall have the right to require theother carrier to be joined in the proceedings,the procedure and effects being governed bythe law of the court seised of the case.

Article 46

Additional Jurisdiction

Any action for damages contemplated inArticle 45 must be brought, at the option of theplaintiff, in the territory of one of 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 ofbusiness.

Article 47

Invalidity of Contractual Provisions

Any contractual provision tending to relievethe contracting carrier or the actual carrier ofliability under this Chapter or to fix a lowerlimit than that which is applicable according tothis Chapter shall be null and void, but thenullity of any such provision does not involvethe nullity of the whole contract, which shallremain subject to the provisions of this Chapter.

Article 48

Mutual Relations of Contracting and ActualCarriers

Except as provided in Article 45, nothingin this Chapter shall affect the rights andobligations of the carriers between themselves,including any right of recourse orindemnification.

CHAPTER VI

OTHER PROVISIONS

Article 49

Mandatory Application

Any clause contained in the contract ofcarriage and all special agreements entered

into 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 50

Insurance

States 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 51

Carriage Performed in ExtraordinaryCircumstances

The provision of Articles 3 to 5, 7 and 8relating to the documentation of carriage shallnot apply in the case of carriage performed inextraordinary circumstances outside the normalscope of a carrier’s business.

Article 52

Definition of Days

The expression “days” when used in thisConvention means calendar days, not workingdays.

CHAPTER VII

FINAL CLAUSES

Article 53

Signature, Ratification and Entry into Force

1. 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 of the International Civil AviationOrganization in Montreal until it enters into forcein accordance with paragraph 6 of this Article.

2. This Convention shall similarly be openfor signature by Regional Economic Integration


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Organisations. For the purpose of thisConvention, a “Regional Economic IntegrationOrganisation” means any organisation whichis constituted by sovereign States of a givenregion which has competence in respect ofcertain 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 of Article 1, paragraph1(b) of Article 3, paragraph (b) of Article 5,Articles 23, 33, 46 and paragraph (b) of Article57, applies equally to a Regional EconomicIntegration Organisation. For the purpose ofArticle 24, the references to “a majority of theStates Parties” and “one-third of 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 of ratification, acceptance,approval or accession shall be deposited withthe International Civil Aviation Organization,which is hereby designated the Depositary.

6. This Convention shall enter into forceon the sixtieth day following the date of depositof the thirtieth instrument of 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 of this paragraph.

7. For other States and for other RegionalEconomic Integration Organisations, thisConvention shall take effect sixty daysfollowing the date of deposit of the instrumentof ratification, acceptance, approval oraccession.

8. The Depositary shall promptly notifyall signatories and States Parties of:

(a) each signature of this Convention anddate thereof;

(b) each deposit of an instrument ofratification, acceptance, approval oraccession and date thereof;

(c) the date of entry into force of thisConvention;

(d) the date of the coming into force of anyrevision of the limits of liabilityestablished under this Convention:

(e) any denunciation under Article 54.

Article 54

Denunciation

1. 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 55

Relationship with other Warsaw ConventionInstruments

This Convention shall prevail over any ruleswhich apply to international carriage by air:

1. between States Parties to thisConvention by virtue of those States commonlybeing Party to

(a) the Convention for the Unification ofCertain 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 of Certain RulesRelating to International Carriage byAir Signed at Warsaw on 12 October1929 Done at The Hague on 28September 1955 (hereinafter called TheHague Protocol);


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(c) the convention, Supplementary to theWarsaw Convention, for the Unificationof 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 of 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); or

2. within the territory of any single StateParty to this Convention by virtue of that Statebeing Party to one or more of the instrumentsreferred to in sub-paragraphs (a) to (e) above.

Article 56

States with more than one System of Law

1. If a State has two or more territorialunits in which different systems of law areapplicable in relation to matters dealt with inthis Convention, it may at the time of signature,ratification, acceptance, approval or accessiondeclare that this Convention shall extend to allits territorial units or only to one or more ofthem 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 of the relevant territorialunit of that State; and

(b) the reference in Article 28 to “nationallaw” shall be construed as referring tothe law of the relevant territorial unit ofthat State.

Article 57

Reservations

No 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 of persons, cargo andbaggage for its military authorities on aircraftregistered in or leased by that State Party, thewhole capacity of which has been reserved byor on behalf of such authorities.

IN WITNESS WHERE OF the undersignedPlenipotentiaries, having been duly authorized,have signed this Convention.

DONE at Montreal on the 28th day of Mayof 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 of theInternational Civil Aviation Organization, andcertified copies thereof 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.

CHAP. XXI MONTREAL CONVENTION, 1999

CHAPTER XXII

CONVENTION ON INTERNATIONALINTERESTS IN MOBILE EQUIPMENT

SIGNED AT CAPE TOWN ON 16 NOVEMBER 2001

(THE CAPE TOWN CONVENTION, 2001)

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182

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The STATES PARTIES TO THISCONVENTION,

AWARE of the need to acquire and usemobile equipment of high value or particulareconomic significance and to facilitate thefinancing of the acquisition and use of suchequipment in an efficient manner,

RECOGNISING the advantages of asset-based financing and leasing for this purpose anddesiring to facilitate these types of transaction byestablishing clear rules to govern them,

MINDFUL of 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 of the partiesnecessary in these transactions,

CONSCIOUS of 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 XXII

CONVENTION ON INTERNATIONAL INTERESTS

IN MOBILE EQUIPMENT SIGNED AT CAPE TOWN

ON 16 NOVEMBER 2001 *

(THE CAPE TOWN CONVENTION, 2001)

CHAPTER I

SPHERE OF APPLICATIONAND GENERAL PROVISIONS

Article 1

Definitions

In 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 of security or otherwise,confers on the assignee associated rightswith or without a transfer of 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 of 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;

THE CAPE TOWN CONVENTION, 2001 CHAP. XXII

* Has not entered into forceRequires 3 ratifications to enter into forceIndia has not ratified it.

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(f) “conditional seller” means a seller undera title reservation agreement;

(g) “contract of sale” means a contract forthe sale of an object by a seller to abuyer which is not an agreement asdefined in (a) above;

(h) “court” means a court of 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 non-consensual right 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 of the debtor are subject to controlor supervision by a court for the purposesof reorganisation or liquidation;

(m) “interested persons” means:

(i) the debtor;

(ii) any person who, for the purpose ofassuring performance of any of theobligations in favour of the creditor,gives or issues a suretyship or demandguarantee or a standby letter of creditor any other form of credit insurance;

(iii) any other person having rights in orover the object;

(n) “internal transaction” means atransaction of a type listed in Article2(2)(a) to (c) where the centre of themain interests of all parties to suchtransaction is situated, and the relevantobject located (as specified in theProtocol), in the same Contracting Stateat the time of the conclusion of 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 of thisConvention or the Protocol;

(q) “leasing agreement” means anagreement by which one person (thelessor) grants a right to possession orcontrol of 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 of a Contracting State which hasmade a declaration under Article 39 tosecure the performance of an obligation,including an obligation to a State, Stateentity or an intergovernmental or privateorganisation;

(t) “notice of a national interest” meansnotice registered or to be registered inthe International Registry that a nationalinterest has been created;

(u) “object” means an object of a categoryto which Article 2 applies;

CHAP. XXII THE CAPE TOWN CONVENTION, 2001

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(v) “pre-existing right or interest” means aright or interest of any kind in or overan object created or arising before theeffective date of this Convention asdefined by Article 60(2)(a);

(w) “proceeds” means money or non-moneyproceeds of an object arising from thetotal or partial loss or physicaldestruction of 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 of astated event, whether or not theoccurrence of 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 of a stated event(which may include the debtor’sacquisition of an interest in the object),whether or not the occurrence of theevent is certain;

(z) “prospective sale” means a sale whichis intended to be made in the future,upon the occurrence of a stated event,whether or not the occurrence of theevent is certain;

(aa) “Protocol” means, in respect of anycategory of object and associated rightsto which this Convention applies, theProtocol in respect of that category ofobject and associated rights;

(bb) “registered” means registered in theInternational Registry pursuant toChapter V;

(cc) “registered interest” means aninternational interest, a registrable non-consensual right or interest or a nationalinterest specified in a notice of a nationalinterest registered pursuant to Chapter V;

(dd) “registrable non-consensual right orinterest” means a non-consensual right

or interest registrable pursuant to adeclaration deposited under Article 40;

(ee) “Registrar” means, in respect of 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 of ownership ofan object pursuant to a contract of 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 performanceof any existing or future obligation ofthe chargor or a third person;

(jj) “security interest” means an interestcreated by a security agreement;

(kk) “Supervisory Authority” means, inrespect of the Protocol, the SupervisoryAuthority referred to in Article 17(1);

(ll) “title reservation agreement” means anagreement for the sale of an object onterms that ownership does not pass untilfulfilment of 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 of information(including information communicatedby teletransmission) which is in tangibleor other form and is capable of beingreproduced in tangible form on asubsequent occasion and whichindicates by reasonable means a person’sapproval of the record.


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Article 2

The international interest

1. This Convention provides for theconstitution and effects of an internationalinterest in certain categories of mobileequipment and associated rights,

2. For the purposes of this Convention, aninternational interest in mobile equipment isan interest, constituted under Article 7, in auniquely identifiable object of a category ofsuch 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 alsofall 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) of thatparagraph.

5. An international interest in an objectextends to proceeds of that object.

Article 3

Sphere of application

1. This Convention applies when, at thetime of the conclusion of 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 of this Convention.

Article 4

Where debtor is situated

1. For the purposes of Article 3(1), thedebtor is situated in any Contracting State:

(a) under the law of which it is incorporatedor formed;

(b) where it has its registered office orstatutory seat;

(c) where it has its centre of administration;or

(d) where it has its place of business.

2. A reference in sub-paragraph (d) of thepreceding paragraph to the debtor’s place ofbusiness shall, if it has more than one place ofbusiness, mean its principal place of businessor, if it has no place of business, its habitualresidence.

Article 5

Interpretation and applicable law

1. In the interpretation of 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 of such principles, in conformitywith the applicable law.

3. References to the applicable law are tothe domestic rules of the law applicable byvirtue of the rules of private international lawof the forum State.

4. Where a State comprises severalterritorial units, each of which has its ownrules of law in respect of the matter to bedecided, and where there is no indication ofthe relevant territorial unit, the law of thatState decides which is the territorial unit whoserules shall govern. In the absence of any suchrule, the law of the territorial unit with whichthe case is most closely connected shall apply.


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Article 6

Relationship between the Convention and theProtocol

1. This Convention and the Protocol shallbe read and interpreted together as a singleinstrument.

2. To the extent of any inconsistencybetween this Convention and the Protocol, theProtocol shall prevail.

CHAPTER II

CONSTITUTION OF ANINTERNATIONAL INTEREST

Article 7

Formal requirements

An 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 of 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 of a security agreement,enables the secured obligations to bedetermined, but without the need to statea sum or maximum sum secured.

CHAPTER III

DEFAULT REMEDIES

Article 8

Remedies of chargee

1. In the event of 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 of the following remedies:

(a) take possession or control of any objectcharged to it;

(b) sell or grant a lease of any such object;

(c) collect or receive any income or profits

arising from the management or use ofany such object.

2. The chargee may alternatively apply fora court order authorising or directing any ofthe acts referred to in the preceding paragraph.

3. Any remedy set out in sub-paragraph (a),(b) or (c) of 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 of thesecurity agreement except where such a provisionis manifestly unreasonable.

4. A chargee proposing to sell or grant alease of an object under paragraph 1 shall givereasonable prior notice in writing of 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 of theirrights to the chargee within a reasonabletime prior to the sale or lease.

5. Any sum collected or received by thechargee as a result of exercise of any of theremedies set out in paragraph 1 or 2 shall beapplied towards discharge of the amount of thesecured obligations.

6. Where the sums collected or receivedby the chargee as a result of the exercise of anyremedy set out in paragraph 1 or 2 exceed theamount secured by the security interest andany reasonable costs incurred in the exerciseof any such remedy, then unless otherwiseordered by the court the chargee shall distributethe surplus among holders of subsequentlyranking interests which have been registeredor of which the chargee has been given notice,in order of priority, and pay any remainingbalance to the chargor.

Article 9

Vesting of object in satisfaction; redemption

1. At any time after default as provided inArticle 11, the chargee and all the interestedpersons may agree that ownership of (or any


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other interest of the chargor in) any objectcovered by the security interest shall vest inthe chargee in or towards satisfaction of thesecured obligations.

2. The court may on the application of thechargee order that ownership of (or any otherinterest of the chargor in) any object coveredby the security interest shall vest in the chargeein or towards satisfaction of the securedobligations.

3. The court shall grant an applicationunder the preceding paragraph only if theamount of the secured obligations to be satisfiedby such vesting is commensurate with the valueof the object after taking account of any paymentto be made by the chargee to any of theinterested persons.

4. At any time after default as provided inArticle 11 and before sale of the charged objector the making of 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 of the amount secured is made infull by an interested person other than thedebtor, that person is subrogated to the rightsof the chargee.

5. Ownership or any other interest of thechargor passing on a sale under Article 8(l)(b)or passing under paragraph 1 or 2 of this Articleis free from any other interest over which thechargee’s security interest has priority underthe provisions of Article 29.

Article 10

Remedies of conditional seller or lessor

In the event of 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 of any object

to which the agreement relates; or

(b) apply for a court order authorising ordirecting either of these acts.

Article 11

Meaning of default

1. 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 ofArticles 8 to 10 and 13 means a default whichsubstantially deprives the creditor of what it isentitled to expect under the agreement.

Article 12

Additional remedies

Any 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 of this Chapter as setout in Article 15.

Article 13

Relief pending final determination

1. Subject to any declaration that it maymake under Article 55, a Contracting Stateshall ensure that a creditor who adducesevidence of default by the debtor may, pendingfinal determination of its claim and to theextent that the debtor has at any time so agreed,obtain from a court speedy relief in the form ofsuch one or more of the following orders as thecreditor requests:

(a) preservation of the object and its value;

(b) possession, control or custody of theobject;

(c) immobilisation of the object; and

(d) lease or, except where covered by sub-paragraphs (a) to (c), management ofthe object and the income therefrom.

2. In making any order under the precedingparagraph, the court may impose such terms as


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it considers necessary to protect the interestedpersons in the event that the creditor:

(a) in implementing any order granting suchrelief, fails to perform any of itsobligations to the debtor under thisConvention or the Protocol; or

(b) fails to establish its claim, wholly or inpart, on the final determination of thatclaim.

3. Before making any order under paragraph1, the court may require notice of the requestto be given to any of the interested persons.

4. Nothing in this Article affects theapplication of Article 8(3) or limits theavailability of forms of interim relief otherthan those set out in paragraph 1.

Article 14

Procedural requirements

Subject to Article 54(2), any remedy providedby this Chapter shall be exercised in conformitywith the procedure prescribed by the law of theplace where the remedy is to be exercised.

Article 15

Derogation

In their relations with each other, any twoor more of the parties referred to in this Chaptermay at any time, by agreement in writing,derogate from or vary the effect of any of thepreceding provisions of this Chapter exceptArticles 8(3) to (6), 9(3) and (4), 13(2) and 14.

CHAPTER IV

THE INTERNATIONALREGISTRATION SYSTEM

Article 16

The International Registry

1. An International Registry shall beestablished for registrations of:

(a) international interests, prospectiveinternational interests and registrablenon-consensual rights and interests;

(b) assignments and prospective assign-ments of international interests;

(c) acquisitions of international interestsby legal or contractual subrogationsunder the applicable law;

(d) notices of national interests; and

(e) subordinations of interests referred toin any of the preceding sub-paragraphs.

2. Different international registries maybe established for different categories of objectand associated rights.

3. For the purposes of this Chapter andChapter V, the term “registration” includes,where appropriate, an amendment, extensionor discharge of a registration.

Article 17

The Supervisory Authority and the Registrar

1. There shall be a Supervisory Authorityas provided by the Protocol.

2. The Supervisory Authority shall:

(a) establish or provide for the establish-ment of the International Registry;

(b) except as otherwise provided by theProtocol, appoint and dismiss theRegistrar;

(c) ensure that any rights required for thecontinued effective operation of theInternational Registry in the event of achange of Registrar will vest in or beassignable to the new Registrar;

(d) after consultation with the ContractingStates, make or approve and ensure thepublication of regulations pursuant tothe Protocol dealing with the operationof the International Registry;

(e) establish administrative proceduresthrough which complaints concerning theoperation of the International Registrycan be made to the Supervisory Authority;

(f) supervise the Registrar and the operationof the International Registry;

(g) at the request of the Registrar, providesuch guidance to the Registrar as theSupervisory Authority thinks fit;

(h) set and periodically review the structureof fees to be charged for the services andfacilities of the International Registry;


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(i) do all things necessary to ensure that anefficient notice-based electronicregistration system exists to implementthe objectives of this Convention andthe Protocol; and

(j) report periodically to Contracting Statesconcerning the discharge of itsobligations under this Convention andthe Protocol.

3. The Supervisory Authority may enterinto any agreement requisite for theperformance of its functions, including anyagreement referred to in Article 27(3).

4. The Supervisory Authority shall ownall proprietary rights in the data bases andarchives of the International Registry.

5. The Registrar shall ensure the efficientoperation of the International Registry andperform the functions assigned to it by thisConvention, the Protocol and the regulations.

CHAPTER V

OTHER MATTERS RELATINGTO REGISTRATION

Article 18

Registration requirements

1. The Protocol and regulations shallspecify the requirements, including the criteriafor the identification of the object:

(a) for effecting a registration (which shallinclude provision for prior electronictransmission of 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 ofinformation and documents of 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 ofan international interest.

4. The Registrar shall arrange forregistrations to be entered into the InternationalRegistry data base and made searchable inchronological order of receipt, and the fileshall record the date and time of 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 19

Validity and time of registration

1. A registration shall be valid only if madein conformity with Article 20.

2. A registration, if valid, shall be completeupon entry of the required information into theInternational Registry data base so as to besearchable.

3. A registration shall be searchable forthe purposes of 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 ofregistration of the prospective internationalinterest provided that the registration was still


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current immediately before the internationalinterest was constituted as provided by Article 7.

5. The preceding paragraph applies withnecessary modifications to the registration ofa prospective assignment of an internationalinterest.

6. A registration shall be searchable in theInternational Registry data base according tothe criteria prescribed by the Protocol.

Article 20

Consent to registration

1. An international interest, a prospectiveinternational interest or an assignment orprospective assignment of an internationalinterest may be registered, and any suchregistration amended or extended prior to itsexpiry, by either party with the consent inwriting of the other.

2. The subordination of an internationalinterest to another international interest maybe registered by or with the consent in writingat any time of the person whose interest hasbeen subordinated.

3. A registration may be discharged by orwith the consent in writing of the party inwhose favour it was made.

4. The acquisition of 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 thereof.

6. A notice of a national interest may beregistered by the holder thereof.

Article 21

Duration of registration

Registration of an international interestremains effective until discharged or untilexpiry of the period specified in the registration.

Article 22

Searches

1. Any person may, in the mannerprescribed by the Protocol and regulations,make or request a search of the InternationalRegistry by electronic means concerning

interests or prospective international interestsregistered therein.

2. Upon receipt of a request thereof, 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 ofregistration of 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 23

List of declarations and declared non-consensual rights or interests

The Registrar shall maintain a list ofdeclarations, withdrawals of declaration and ofthe categories of 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 dateof each such declaration or withdrawal ofdeclaration. Such list shall be recorded andsearchable in the name of the declaring State andshall be made available as provided in the Protocoland regulations to any person requesting it.

Article 24

Evidentiary value of certificates

A document in the form prescribed by theregulations which purports to be a certificateissued by the International Registry is primafacie proof:

(a) that it has been so issued; and

(b) of the facts recited in it, including thedate and time of a registration.


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Article 25

Discharge of registration

1. 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 of transfer of title under a registeredtitle reservation agreement have been fulfilled,the holder of such interest shall, without unduedelay, procure the discharge of 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 of aninternational interest has been registered, theintending creditor or intending assignee shall,without undue delay, procure the discharge ofthe 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 noticeof a national interest have been discharged,the holder of such interest shall, without unduedelay, procure the discharge of 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 26

Access to the international registration facilities

No person shall be denied access to theregistration and search facilities of theInternational Registry on any ground otherthan its failure to comply with the proceduresprescribed by this Chapter.

CHAPTER VI

PRIVILEGES AND IMMUNITIES OFTHE SUPERVISORY AUTHORITY

AND THE REGISTRAR

Article 27

Legal personality; immunity

1. The Supervisory Authority shall haveinternational legal personality where not alreadypossessing such personality.

2. The Supervisory Authority and itsofficers 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 of this paragraph,“host State” means the State inwhich the Supervisory Authority issituated.

4. The assets, documents, data bases andarchives of the International Registry shall beinviolable and immune from seizure or otherlegal or administrative process.

5. For the purposes of 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 VII

LIABILITY OF THE REGISTRAR

Article 28

Liability and financial assurances

1. The Registrar shaJJ be liable forcompensatory damages for loss suffered by aperson directly resulting from an error or omissionof the Registrar and its officers and employees


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or from a malfunction of the internationalregistration system except where the malfunctionis caused by an event of an inevitable andirresistible nature, which could not be preventedby using the best practices in current use in thefield of 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 inaccuracyof 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 officers and employees are notresponsible and arising prior to receipt ofregistration 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 VIII

EFFECTS OF ANINTERNATIONAL INTEREST

AS AGAINST THIRD PARTIES

Article 29

Priority of competing interests

1. A registered interest has priority overany other interest subsequently registered andover an unregistered interest.

2. The priority of the first-mentionedinterest under the preceding paragraph applies:

(a) even if the first-mentioned interest wasacquired or registered with actualknowledge of the other interest; and

(b) even as regards value given by the holderof the first-mentioned interest with suchknowledge.

3. The buyer of an object acquires itsinterest in it:

(a) subject to an interest registered at thetime of its acquisition of that interest;and

(b) free from an unregistered interest evenif it has actual knowledge of 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 of the internationalinterest held by its conditional seller orlessor; and

(b) free from an interest not so registered atthat time even if it has actual knowledgeof that interest.

5. The priority of competing interests orrights under this Article may be varied byagreement between the holders of thoseinterests, but an assignee of a subordinatedinterest is not bound by an agreement tosubordinate that interest unless at the time ofthe 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 of 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 of rightsin an item, other than an obj ect, whichhas previously been installed on anobject where under the applicable lawthose rights are created.

Article 30

Effects of insolvency

1. In insolvency proceedings against thedebtor an international interest is effective ifprior to the commencement of the insolvencyproceedings that interest was registered inconformity with this Convention.


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2. Nothing in this Article impairs theeffectiveness of an international interest in theinsolvency proceedings where that interest iseffective under the applicable law.

3. Nothing in this Article affects:

(a) any rules of law applicable in insolvencyproceedings relating to the avoidanceof a transaction as a preference or atransfer in fraud of creditors; or

(b) any rules of procedure relating to theenforcement of rights to property whichis under the control or supervision ofthe insolvency administrator.

CHAPTER IX

ASSIGNMENTS OF ASSOCIATEDRIGHTS AND INTERNATIONAL

INTERESTS; RIGHTS OFSUBROGATION

Article 31

Effects of assignment

1. Except as otherwise agreed by theparties, an assignment of associated rights madein conformity with Article 32 also transfers tothe assignee:

(a) the related international interest; and

(b) all the interests and priorities of theassignor under this Convention.

2. Nothing in this Convention prevents apartial assignment of the assignor’s associatedrights. In the case of 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 ofset-off available to the debtor against theassignee.

4. The debtor may at any time by agreementin writing waive all or any of the defences andrights of set-off referred to in the preceding

paragraph other than defences arising fromfraudulent acts on the part of the assignee,

5. In the case of an assignment by way ofsecurity, the assigned associated rights revestin the assignor, to the extent that they are stillsubsisting, when the obligations secured bythe assignment have been discharged.

Article 32

Formal requirements of assignment

1. An assignment of 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 of an assignment by way ofsecurity, 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 of 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 of associated rights which is noteffective to transfer the related internationalinterest.

Article 33

Debtor’s duty to assignee

1. 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 of theassignment in writing by or with theauthority of the assignor; and


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(b) the notice identifies the associatedrights.

2. Irrespective of 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 of competing assignments.

Article 34

Default remedies in respect of assignment byway of security

In the event of default by the assignor underthe assignment of associated rights and the relatedinternational interest made by way of 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 of application tointangible property) as if references:

(a) to the secured obligation and the securityinterest were references to the obligationsecured by the assignment of 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 of the international interestwere references to the assignee; and

(d) to the object were references to theassigned associated rights and therelated international interest.

Article 35

Priority of competing assignments

1. Where there are competing assignmentsof associated rights and at least one of theassignments includes the related internationalinterest and is registered, the provisions of Article29 apply as if the references to a registeredinterest were references to an assignment of theassociated rights and the related registered interest

and as if references to a registered or unregisteredinterest were references to a registered orunregistered assignment.

2. Article 30 applies to an assignment ofassociated rights as if the references to aninternational interest were references to anassignment of the associated rights and therelated international interest.

Article 36

Assignee’s priority with respect to associatedrights

1. The assignee of associated rights andthe related international interest whoseassignment has been registered only has priorityunder Article 35(1) over another assignee ofthe 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 of sub-paragraph (b)of the preceding paragraph, associated rightsare related to an object only to the extent thatthey consist of rights to payment or performancethat relate to:

(a) a sum advanced and utilised for thepurchase of the object;

(b) a sum advanced and utilised for thepurchase of 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 of theobject; or

(e) other obligations arising from atransaction referred to in any of thepreceding sub-paragraphs.

3. In all other cases, the priority of thecompeting assignments of the associated rightsshall be determined by the applicable law.


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Article 37

Effects of assignor’s insolvency

The provisions of Article 30 apply toinsolvency proceedings against the assignoras if references to the debtor were referencesto the assignor.

Article 38

Subrogation

1. Subject to paragraph 2, nothing in thisConvention affects the acquisition of 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 of the respective interestsbut an assignee of a subordinated interest isnot bound by an agreement to subordinate thatinterest unless at the time of the assignment asubordination had been registered relating tothat agreement.

CHAPTER X

RIGHTS OR INTERESTSSUBJECT TO DECLARATIONS

BY CONTRACTING STATES

Article 39

Rights having priority without registration

1. A Contracting State may at any time ina declaration deposited with the Depositary ofthe Protocol declare, generally or specifically:

(a) those categories of 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 ofthe holder of 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 of a State or State entity,intergovernmental organisation or other

private provider of public services toarrest or detain an object under the lawsof that State for payment of amountsowed to such entity, organisation orprovider directly relating to thoseservices in respect of that obj ect oranother object.

2. A declaration made under the precedingparagraph may be expressed to cover categoriesthat are created after the deposit of thatdeclaration.

3. A non-consensual right or interest haspriority over an international interest if andonly if the former is of a category covered by adeclaration deposited prior to the registrationof the international interest.

4. Notwithstanding the precedingparagraph, a Contracting State may, at the timeof ratification, acceptance, approval of, oraccession to the Protocol, declare that a rightor interest of a category covered by a declarationmade under sub-paragraph (a) of paragraph 1shall have priority over an international interestregistered prior to the date of such ratification,acceptance, approval or accession.

Article 40

Registrable non-consensual rights or interests

A Contracting State may at any time in adeclaration deposited with the Depositary ofthe Protocol list the categories of non-consensual right or interest which shall beregistrable under this Convention as regardsany category of object as if the right or interestwere an international interest and shall beregulated accordingly. Such a declaration maybe modified from time to time.

CHAPTER XI

APPLICATION OF THECONVENTION TO SALES

Article 41

Sale and prospective sale

This Convention shall apply to the sale orprospective sale of an object as provided for inthe Protocol with any modifications therein.


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CHAPTER XII

JURISDICTION

Article 42

Choice of forum

1. Subject to Articles 43 and 44, the courtsof a Contracting State chosen by the parties toa transaction have jurisdiction in respect ofany 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 of the law of the chosenforum.

Article 43

Jurisdiction under Article 13

1. The courts of a Contracting State chosenby the parties and the courts of the ContractingState on the territory of which the object issituated have jurisdiction to grant relief underArticle 13(l)(a), (b), (c) and Article 13(4) inrespect of that object.

2. Jurisdiction to grant relief under Article13(l)(d) or other interim relief by virtue ofArticle 13(4) may be exercised either:

(a) by the courts chosen by the parties; or

(b) by the courts of a Contracting State onthe territory of which the debtor issituated, being relief which, by the termsof the order granting it, is enforceableonly in the territory of that ContractingState.

3. A court has jurisdiction under thepreceding paragraphs even if the finaldetermination of the claim referred to in Article13(1) will or may take place in a court ofanother Contracting State or by arbitration.

Article 44

Jurisdiction to make orders against the Registrar

1. The courts of the place in which theRegistrar has its centre of administration shall

have 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 of enabling an order to be made againstit requiring it to procure discharge of theregistration, the courts referred to in thepreceding paragraph shall have exclusivejurisdiction, on the application of 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 of a court having jurisdiction under thisConvention or, in the case of a national interest,an order of a court of competent jurisdictionrequiring that person to procure the amendmentor discharge of 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 45

Jurisdiction in respect of insolvency proceedings

The provisions of this Chapter are notapplicable to insolvency proceedings.

CHAPTER XIII

RELATIONSHIP WITH OTHERCONVENTIONS

Article 45 bis

Relationship with the United NationsConvention on the Assignment of Receivablesin International Trade

This Convention shall prevail over theUnited Nations Convention on the Assignmentof Receivables in International Trade, openedfor signature in New York on 12 December2001, as it relates to the assignment ofreceivables which are associated rights relatedto international interests in aircraft objects,railway rolling stock and space assets.

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Article 46

Relationship with the UNIDROIT Conventionon International Financial Leasing

The Protocol may determine the relationshipbetween this Convention and the UNIDROITConvention on International Financial Leasing,signed at Ottawa on 28 May 1988,

CHAPTER XIV

FINAL PROVISIONS

Article 47

Signature, ratification, acceptance, approvalor accession

1. 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 of the International Institute forthe Unification of 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 of a formalinstrument to that effect with the Depositary.

Article 48

Regional Economic Integration Organisations

1. 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 obligationsof a Contracting State, to the extent that thatOrganisation has competence over matters

governed by this Convention. Where the numberof 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 of signature,acceptance, approval or accession, make adeclaration to the Depositary specifying thematters governed by this Convention in respectof which competence has been transferred tothat Organisation by its Member States. TheRegional Economic Integration Organisationshall promptly notify the Depositary of anychanges to the distribution of competence,including new transfers of 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 49

Entry into force

1. This Convention enters into force onthe first day of the month following theexpiration of three months after the date of thedeposit of the third instrument of ratification,acceptance, approval or accession but only asregards a category of objects to which a Protocolapplies:

(a) as from the time of entry into force ofthat Protocol;

(b) subject to the terms of 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 of the month followingthe expiration of three months after the date ofthe deposit of their instrument of ratification,acceptance, approval or accession but only asregards a category of objects to which a Protocolapplies and subject, in relation to such Protocol,


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to the requirements of sub-paragraphs (a), (b)and (c) of the preceding paragraph.

Article 50

Internal transactions

1. A Contracting State may, at the time ofratification, acceptance, approval of, 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 of objects orsome of them.

2. Notwithstanding the precedingparagraph, the provisions of Articles 8(4), 9(1),16, Chapter V, Article 29, and any provisionsof this Convention relating to registeredinterests shall apply to an internal transaction.

3. Where notice of a national interest hasbeen registered in the International Registry,the priority of the holder of 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 51

Future Protocols

1. The Depositary may create workinggroups, in co-operation with such relevant non-governmental organisations as the Depositaryconsiders appropriate, to assess the feasibilityof extending the application of this Convention,through one or more Protocols, to objects ofany category of high-value mobile equipment,other than a category referred to in Article2(3), each member of which is uniquelyidentifiable, and associated rights relating tosuch objects.

2. The Depositary shall communicate thetext of any preliminary draft Protocol relatingto a category of objects prepared by such aworking group to all States Parties to thisConvention, all member States of theDepositary, member States of the UnitedNations which are not members of theDepositary and the relevant intergovernmentalorganisations, and shall invite such States and

organisations to participate in inter-governmental negotiations for the completionof a draft Protocol on the basis of such apreliminary draft Protocol.

3. The Depositary shall also communicatethe text of any preliminary draft Protocolprepared by such a working group to suchrelevant non-governmental organisations as theDepositary considers appropriate. Such non-governmental organisations shall be invitedpromptly to submit comments on the text ofthe preliminary draft Protocol to the Depositaryand to participate as observers in thepreparation of a draft Protocol.

4. When the competent bodies of 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 of objects covered thereby.

6. Article 45 bis of this Convention appliesto such a Protocol only if specifically providedfor in that Protocol.

Article 52

Territorial units

1. If a Contracting State has territorial unitsin which different systems of law are applicablein relation to the matters dealt with in thisConvention, it may, at the time of ratification,acceptance, approval or accession, declare thatthis Convention is to extend to all its territorialunits or only to one or more of 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 of that State.

4. Where a Contracting State extends thisConvention to one or more of its territorial units,declarations permitted under this Conventionmay be made in respect of each such territorial


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unit, and the declarations made in respect of oneterritorial unit may be different from those madein respect of another territorial unit.

5. If by virtue of a declaration underparagraph 1, this Convention extends to one ormore territorial units of 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 office or statutory seat, centreof administration, place of business orhabitual residence in a territorial unit towhich this Convention applies;

(b) any reference to the location of the objectin a Contracting State refers to thelocation of 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 53

Determination of courts

A Contracting State may, at the time ofratification, acceptance, approval of, oraccession to the Protocol, declare the relevant“court” or “courts” for the purposes of Article1 and Chapter XII of this Convention.

Article 54

Declarations regarding remedies

1. A Contracting State may, at the time ofratification, acceptance, approval of, oraccession to the Protocol, declare that whilethe charged object is situated within, orcontrolled from its territory the chargee shallnot grant a lease of the object in that territory.

2. A Contracting State shall, at the time ofratification, acceptance, approval of, or accessionto the Protocol, declare whether or not any remedy

available to the creditor under any provision ofthis Convention which is not there expressed torequire application to the court may be exercisedonly with leave of the court.

Article 55

Declarations regarding relief pending finaldetermination

A Contracting State may, at the time ofratification, acceptance, approval of, oraccession to the Protocol, declare that it willnot apply the provisions of 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 of interim relief will be applied.

Article 56

Reservations and declarations

1. 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 of a declarationmade under this Convention shall be notifiedin writing to the Depositary.

Article 57

Subsequent declarations

1. 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 of the monthfollowing the expiration of six months afterthe date of receipt of the notification by theDepositary. Where a longer period for thatdeclaration to take effect is specified in thenotification, it shall take effect upon theexpiration of such longer period after receiptof the notification by the Depositary.


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3. Notwithstanding the previousparagraphs, this Convention shall continue toapply, as if no such subsequent declarationshad been made, in respect of all rights andinterests arising prior to the effective date ofany such subsequent declaration.

Article 58

Withdrawal of declarations

1. 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 of the month following theexpiration of six months after the date of receiptof the notification by the Depositary.

2. Notwithstanding the previousparagraph, this Convention shall continue toapply, as if no such withdrawal of declarationhad been made, in respect of all rights andinterests arising prior to the effective date ofany such withdrawal.

Article 59

Denunciations

1. Any State Party may denounce thisConvention by notification in writing to theDepositary.

2. Any such denunciation shall take effecton the first day of the month following theexpiration of 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 ofall rights and interests arising prior to the effectivedate of any such denunciation.

Article 60

Transitional provisions

1. Unless otherwise declared by a Contract-ing State 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 of this Convention.

2. For the purposes of Article 1(v) and ofdetermining priority under this Convention:

(a) “effective date of 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 of administration or, if ithas no centre of administration, its placeof business or, if it has more than oneplace of business, its principal place ofbusiness or, if it has no place of 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 of determiningpriority, including the protection of 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) of the precedingparagraph but only to the extent and in themanner specified in its declaration.

Article 61

Review Conferences, amendments and relatedmatters

1. 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 of the SupervisoryAuthority concerning the functioning of theinternational registration system.

2. At the request of not less than twenty-five per cent of the States Parties, ReviewConferences of States Parties shall be convenedfrom time to time by the Depositary, inconsultation with the Supervisory Authority,to consider:

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(a) the practical operation of this Conventionand its effectiveness in facilitating theasset-based financing and leasing of theobjects covered by its terms;

(b) the judicial interpretation given to, andthe application made of the terms of thisConvention and the regulations;

(c) the functioning of the internationalregistration system, the performance ofthe Registrar and its oversight by theSupervisory Authority, taking into accountthe reports of 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 of States Partiesparticipating in the Conference referred to inthe preceding paragraph and shall then enterinto force in respect of States which haveratified, accepted or approved such amendmentwhen ratified, accepted, or approved by threeStates in accordance with the provisions ofArticle 49 relating to its entry into force.

4. Where the proposed amendment to thisConvention is intended to apply to more thanone category of equipment, such amendmentshall also be approved by at least a two-thirdsmajority of States Parties to each Protocol thatare participating in the Conference referred toin paragraph 2.

Article 62

Depositary and its functions

1. Instruments of ratification, acceptance,approval or accession shall be deposited withthe International Institute for the Unificationof Private Law (UNIDROIT), which is herebydesignated the Depositary.

2. The Depositary shall :

(a) inform all Contracting States of:

(i) each new signature or deposit of aninstrument of ratification,acceptance, approval or accession,together with the date thereof;

(ii) the date of entry into force of thisConvention;

(iii) each declaration made inaccordance with this Convention,together with the date thereof;

(iv) the withdrawal or amendment of anydeclaration, together with the datethereof; and

(v) the notification of any denunciationof this Convention together withthe date thereof and the date onwhich it takes effect;

(b) transmit certified true copies of thisConvention to all Contracting States;

(c) provide the Supervisory Authority andthe Registrar with a copy of eachinstrument of ratification, acceptance,approval or accession, together with thedate of deposit thereof, of eachdeclaration or withdrawal or amendmentof a declaration and of each notificationof denunciation, together with the dateof notification thereof, 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 ofNovember, 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 Secretariatof the Conference under the authority of thePresident of the Conference within ninety dayshereof as to the conformity of the texts withone another.

CHAP. XXII CAPE TOWN CONVENTION, 2001

CHAPTER XXIII

PROTOCOL TO THE CONVENTION ON INTERNATIONALINTERESTS IN MOBILE EQUIPMENT ON MATTERS

SPECIFIC TO AIRCRAFT EQUIPMENT

(THE CAPE TOWN PROTOCOL, 2001)

203

204


205

THE STATES PARTIES TO THISPROTOCOL

CONSIDERING it necessary to implementthe Convention on International Interests inMobile Equipment (hereinafter referred to asthe Convention) as it relates to aircraftequipment, in the light of the purposes set outin the preamble to the Convention,

MINDFUL of the need to adapt theConvention to meet the particular requirementsof aircraft finance and to extend the sphere ofapplication of the Convention to includecontracts of sale of aircraft equipment,

MINDFUL of the principles and objectivesof the Convention on International CivilAviation, signed at Chicago on 7 December1944,

HAVE AGREED upon the followingprovisions relating to aircraft equipment:

CHAPTER I


Article I

Defined terms

1. 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 XXIII

PROTOCOL TO THE CONVENTION ON INTERNATIONAL

INTERESTS IN MOBILE EQUIPMENT ON MATTERS

SPECIFIC TO AIRCRAFT EQUIPMENT

(THE CAPE TOWN PROTOCOL, 2001)(a) “aircraft” means aircraft as defined for

the purposes of 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 of jet propulsion aircraftengines, have at least 1750 lb ofthrust or its equivalent; and

(ii) in the case of turbine-powered orpiston-powered aircraft engines,have at least 550 rated take-off 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 of the Chicago Convention;

(e) “airframes” means airframes (other thanthose used in military, customs or policeservices) that, when appropriate aircraftengines are installed thereon, are type

THE CAPE TOWN PROTOCOL, 2001 CHAP. XXIII

* Has not entered into force.Requires 8 ratifications to enter into forceIndia has not ratified it.

206

certified by the competent aviationauthority to transport:

(i) at least eight (8) persons includingcrew; or

(ii) goods in excess of 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 CivilAviation, signed at Chicago on 7December 1944, as amended, and itsannexes;

(h) “common mark registering authority”means the authority maintaining aregister in accordance with Article 77of the Chicago Convention asimplemented by the Resolution adoptedon 14 December 1967 by the Council ofthe International Civil AviationOrganization on nationality andregistration of aircraft operated byinternational operating agencies;

(i) “de-registration of the aircraft” meansdeletion or removal of the registrationof 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 of assuring performance ofany obligations in favour of a creditorsecured by a security agreement or underan agreement, gives or issues asuretyship or demand guarantee or astandby letter of credit or any otherform of credit insurance;

(l) “helicopters” means heavier-than-airmachines (other than those used in

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


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 of theinsolvency proceedings; or

(ii) the declared intention to suspendor actual suspension of 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 centreof the debtor’s main interests is situated,which for this purpose shall be deemedto be the place of 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 of an aircraft inaccordance with the ChicagoConvention; and

(p) “State of registry” means, in respect ofan aircraft, the State on the national

CHAP. XXIII THE CAPE TOWN PROTOCOL, 2001

207

register of which an aircraft is enteredor the State of location of the commonmark registering authority maintainingthe aircraft register.

Article II

Application of Convention as regards aircraftobjects

1. The Convention shall apply in relationto aircraft objects as provided by the terms ofthis Protocol.

2. The Convention and this Protocol shallbe known as the Convention on InternationalInterests in Mobile Equipment as applied toaircraft objects.

Article III

Application of Convention to sales

The following provisions of the Conventionapply as if references to an agreement creatingor providing for an international interest werereferences to a contract of 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 ofa contract of sale or a prospective sale);

Article 25(2) (as regards a prospectivesale); and

Article 30.

In addition, the general provisions of 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 of sale and prospective sales.

Article IV


1. Without prejudice to Article 3(1) of theConvention, the Convention shall also applyin relation to a helicopter, or to an airframepertaining to an aircraft, registered in an aircraftregister of a Contracting State which is theState of registry, and where such registrationis made pursuant to an agreement forregistration of the aircraft it is deemed to havebeen effected at the time of the agreement.

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

(a) an airframe is located in the State ofregistry of the aircraft of which it is apart:

(b) an aircraft engine is located in the Stateof registry of 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 ofregistry, at the time of the conclusion ofthe agreement creating or providing forthe interest.

3. The parties may, by agreement inwriting, exclude the application of Article XIand, in their relations with each other, derogatefrom or vary the effect of any of the provisionsof this Protocol except Article IX (2)-(4).

Article V

Formalities, effects and registration ofcontracts of sale

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

(a) is in writing;

(b) relates to an aircraft object of which theseller has power to dispose; and

(c) enables the aircraft object to beidentified in conformity with thisProtocol.


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2. A contract of sale transfers the interestof the seller in the aircraft object to the buyeraccording to its terms.

3. Registration of a contract of sale remainseffective indefinitely. Registration of aprospective sale remains effective unlessdischarged or until expiry of the period, if any,specified in the registration.

Article VI

Representative capacities

A person may enter into an agreement or asale, and register an international interest in,or a sale of, 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 VII

Description of aircraft objects

A description of an aircraft object thatcontains its manufacturer’s serial number, thename of the manufacturer and its modeldesignation is necessary and sufficient toidentify the object for the purposes of Articles7(c) and 32(1 )(b) of the Convention and ArticleV(l)(c) of this Protocol.

Article VIII

Choice of law

1 This Article applies only where aContracting State has made a declarationpursuant to Article XXX(l).

2. The parties to an agreement, or a contractof 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 of law ofthe designated State or, where that Statecomprises several territorial units, to thedomestic law of the designated territorial unit.

CHAPTER II

DEFAULT REMEDIES,PRIORITIES AND

ASSIGNMENTS

Article IX

Modification of default remedies provisions

1. In addition to the remedies specified inChapter III of 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 of theaircraft; and

(b) procure the export and physical transferof 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 of theholder of any registered interest ranking inpriority to that of the creditor.

3. Article 8(3) of 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 of the agreement except where sucha provision is manifestly unreasonable.

4. A chargee giving ten or more workingdays’ prior written notice of a proposed sale orlease to interested persons shall be deemed tosatisfy the requirement of providing“reasonable prior notice” specified in Article8(4) of the Convention. The foregoing shallnot prevent a chargee and a chargor or aguarantor from agreeing to a longer period ofprior notice.

5. The registry authority in a ContractingState shall, subject to any applicable safetylaws and regulations, honour a request for de-registration and export if:


209

(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 of the creditor in whosefavour the authorisation has been issuedhave been discharged or that the holdersof such interests have consented to thede-registration and export.

6. A chargee proposing to procure the de-registration and export of an aircraft underparagraph I otherwise than pursuant to a courtorder shall give reasonable prior notice in writingof the proposed de-registration and export to:

(a) interested persons specified in Article1(m)(i) and (ii) of the Convention; and

(b) interested persons specified in Article1(m)(iii) of the Convention who havegiven notice of their rights to the chargeewithin a reasonable time prior to the de-registration and export.

Article X

Modification of provisions regarding reliefpending Final determination

1. 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 of Article 13(1) of theConvention, “speedy” in the context ofobtaining relief means within such number ofworking days from the date of filing of theapplication for relief as is specified in adeclaration made by the Contracting State inwhich the application is made.

3. Article 13(1) of the Convention applieswith the following being added immediatelyafter sub-paragraph (d):

“(e) if at any time the debtor and thecreditor specifically agree, sale andapplication of proceeds therefrom”,

and Article 43(2) applies with the insertionafter the words “Article 13(l)(d)” of the words“and (e)”.

4. Ownership or any other interest of thedebtor passing on a sale under the precedingparagraph is free from any other interest overwhich the creditor’s international interest haspriority under the provisions of Article 29 ofthe Convention.

5. The creditor and the debtor or any otherinterested person may agree in writing toexclude the application of Article 13(2) of 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 of relief granted by a foreign court,recognised by a court of that ContractingState, and that the creditor is entitled toprocure those remedies in accordancewith this Convention; and

(b) the applicable authorities shall expedit-iously co-operate with and assist thecreditor in the exercise of 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 XI

Remedies on insolvency

1. This Article applies only where aContracting State that is the primary insolvencyjurisdiction has made a declaration pursuantto Article XXX(3).

Alternative A

2. Upon the occurrence of an insolvency-related event, the insolvency administrator orthe debtor, as applicable, shall, subject to


210

paragraph 7, give possession of the aircraftobject to the creditor no later than the earlierof:

(a) the end of the waiting period; and

(b) the date on which the creditor would beentitled to possession of the aircraftobject if this Article did not apply.

3. For the purposes of this Article, the“waiting period” shall be the period specifiedin a declaration of the Contracting State whichis the primary insolvency jurisdiction.

4. References in this Article to the“insolvency administrator” shall be to thatperson in its official, 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 of interim reliefavailable under the applicable law.

6. Sub-paragraph (a) of the precedingparagraph shall not preclude the use of 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 ofthe aircraft object where, by the time specifiedin paragraph 2, it has cured all defaults otherthan a default constituted by the opening ofinsolvency proceedings and has agreed toperform all future obligations under theagreement. A second waiting period shall notapply in respect of a default in the performanceof such future obligations.

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

(a) they shall be made available by theregistry authority and the administrative

authorities 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 of suchremedies in conformity with theapplicable aviation safety laws andregulations.

9. No exercise of remedies permitted bythe Convention or this Protocol may beprevented or delayed after the date specified inparagraph 2.

10.No obligations of the debtor under theagreement may be modified without the consentof the creditor.

11.Nothing in the preceding paragraph shallbe construed to affect the authority, if any, ofthe insolvency administrator under theapplicable law to terminate the agreement.

12.No rights or interests, except for non-consensual rights or interests of a categorycovered by a declaration pursuant to Article39(1), shall have priority in the insolvencyover registered interests.

13.The Convention as modified by ArticleIX of this Protocol shall apply to the exerciseof any remedies under this Article.

Alternative B

2. Upon the occurrence of an insolvency-related event, the insolvency administrator orthe debtor, as applicable, upon the request ofthe creditor, shall give notice to the creditorwithin the time specified in a declaration of aContracting State pursuant to Article XXX(3)whether it will:

(a) cure all defaults other than a defaultconstituted by the opening of insolvencyproceedings and agree to perform allfuture obligations, under the agreementand related transaction documents; or


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(b) give the creditor the opportunity to takepossession of the aircraft object, inaccordance with the applicable law.

3. The applicable law referred to in sub-paragraph (b) of the preceding paragraph maypermit the court to require tlic taking of anyadditional step or the provision of anyadditional guarantee.

4. The creditor shall provide evidence ofits claims and proof 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 of the aircraftobject but fails to do so, the court may permit thecreditor to take possession of the aircraft objectupon such terms as the court may order and mayrequire the taking of any additional step or theprovision of any additional guarantee.

6. The aircraft object shall not be soldpending a decision by a court regarding theclaim and the international interest.

Article XII

Insolvency assistance

1. This Article applies only where aContracting State has made a declarationpursuant to Article XXX(l).

2. The courts of a Contracting State inwhich an aircraft object is situated shall, inaccordance with the law of the ContractingState, co-operate to the maximum extentpossible with foreign courts and foreigninsolvency administrators in carrying out theprovisions of Article XI.

Article XIII

De-registration and export requestauthorisation

1. This Article applies only where aContracting State has made a declarationpursuant to Article XXX(l).

2. Where the debtor has issued an

irrevocable 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 of theauthorised party. The registry authority shallremove an authorisation from the registry atthe request of the authorised party.

4. The registry authority and otheradministrative authorities in Contracting Statesshall expeditiously co-operate with and assistthe authorised party in the exercise of theremedies specified in Article IX.

Article XIV

Modification of priority provisions

1. A buyer of 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 of the unregisteredinterest.

2. A buyer of an aircraft object acquiresits interests in that object subject to an interestregistered at the time of its acquisition.

3. Ownership of or another right or interestin an aircraft engine shall not be affected by itsinstallation on or removal from an aircraft.

4. Article 29(6) of the Convention appliesto an item, other than an object, installed on anairframe, aircraft engine or helicopter.

Article XV

Modification of assignment provisions

Article 33(1) of the Convention applies asif the following were added immediately aftersub-paragraph (b):


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“(c) is consented to in writing by thedebtor, whether or not the consent isgiven in advance of the assignment oridentifies the assignee.”

Article XVI

Debtor provisions

1. In the absence of a default within themeaning of Article 11 of the Convention, thedebtor shall be entitled to the quiet possessionand use of the object in accordance with theagreement as against:

(a) its creditor and the holder of any interestfrom which the debtor takes freepursuant to Article 29(4) of theConvention or Article XIV(l) of thisProtocol, unless and to the extent thatthe debtor has otherwise agreed; and

(b) the holder of any interest to which thedebtor’s right or interest is subjectpursuant to Article 29(4) of theConvention and Article XTV(l) of thisProtocol, but only to the extent, if any,that such holder has agreed.

2. Nothing in the Convention or thisProtocol affects the liability of a creditor forany breach of the agreement under theapplicable law in so far as that agreementrelates to an aircraft object.

CHAPTER III

REGISTRY PROVISIONS RELATINGTO INTERNATIONAL INTERESTS

IN AIRCRAFT OBJECTS

Article XVII

The Supervisory Authority and the Registrar

1. 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 of Signatory and Contracting Statesshall be convened to designate another

Supervisory Authority.

3. The Supervisory Authority and itsofficers 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 of experts, from among personsnominated by Signatory and Contracting Statesand having the necessary qualifications andexperience, and entrust it with the task ofassisting the Supervisory Authority in thedischarge of its functions.

5. The first Registrar shall operate theInternational Registry for a period of five yearsfrom the date of entry into force of this Protocol.Thereafter, the Registrar shall be appointed orreappointed at regular five-yearly intervals bythe Supervisory Authority.

Article XVIII

First regulations

The first regulations shall be made by theSupervisory Authority so as to take effect uponthe entry into force of this Protocol.

Article XIX

Designated entry points

1. 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 of a notice of a national interest ora right or interest under Article 40 in eithercase arising under the laws of another State.

2. A designation made under paragraph 1may permit, but not compel, use of a designatedentry point or entry points for informationrequired for registrations in respect of aircraftengines.

Article XX

Additional modifications to Registry provisions

1. Fur the purposes of Article 19(6) of theConvention, the search criterion for an aircraft


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object shall be the name of 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 of Article 25(2) of theConvention and in the circumstances theredescribed, the holder of a registered prospectiveinternational interest or a registered prospectiveassignment of an international interest shalltake such steps as are within its power toprocure the discharge of the registration nolater than five working days after the receipt ofthe demand described in such paragraph.

3. The fees referred to in Article 17(2)(h) ofthe Convention shall be determined so as torecover the reasonable costs of establishing,operating and regulating the InternationalRegistry and the reasonable costs of tlicSupervisory Authority associated with theperformance of the functions, exercise of thepowers, and discharge of the duties contemplatedby Article 17(2) of the Convention.

4. The centralised functions of 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 of the insurance or financialguarantee referred to in Article 28(2) of theConvention shall, in respect of each event, notbe less than the maximum value of 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 of the Convention.

CHAPTER IV

JURISDICTION

Article XXI

Modification of jurisdiction provisions

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

Convention, a court of a Contracting State alsohas jurisdiction where the object is a helicopter,or an airframe pertaining to an aircraft, forwhich that State is the State of registry.

Article XXII

Waivers of sovereign immunity

1. Subject to paragraph 2, a waiver ofsovereign immunity from jurisdiction of thecourts specified in Article 42 or Article 43 ofthe Convention or relating to enforcement ofrights 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 ofthe aircraft object.

CHAPTER V

RELATIONSHIP WITH OTHERCONVENTIONS

Article XXIII

Relationship with the Convention on theInternational Recognition of Rights in Aircraft

The Convention shall, for a ContractingState that is a party to the Convention on theInternational Recognition of 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 XXIV

Relationship with the Convention/or theUnification of Certain Rules Relating to thePrecautionary Attachment of Aircraft

1. The Convention shall, for a ContractingState that is a Party to the Convention for theUnification of Certain Rules Relating to (hePrecautionary’ Attachment of Aircraft, signedat Rome on 29 May 1933, supersede thatConvention as it relates to aircraft, as definedin this Protocol.


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2. A Contracting State Party to the aboveConvention may declare, at the time ofratification, acceptance, approval of, oraccession to this Protocol, that it will not applythis Article.

Article XXV


The Convention shall supersede theUNIDROIT Convention on InternationalFinancial Leasing as it relates to aircraft objects.

CHAPTER VI

FINAL PROVISIONS

Article XXVI


1. 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 of theInternational Institute for the Unification ofPrivate 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 of 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 XXVII


1. A Regional Economic IntegrationOrganisation which is constituted by sovereignStates and has competence over certain matters

governed by this Protocol may similarly sign,accept, approve or accede to this Protocol. TheRegional Economic Integration Organisationshall in that case have the rights and obligationsof a Contracting State, to the extent that thatOrganisation has competence over mattersgoverned by this Protocol. Where the number ofContracting 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 of signature,acceptance, approval or accession, make adeclaration to the Depositary specifying thematters governed by this Protocol in respect ofwhich competence has been transferred to thatOrganisation by its Member States. The RegionalEconomic Integration Organisation shallpromptly notify the Depositary of any changes tothe distribution of competence, including newtransfers of 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 XXVIII

Entry into force

1. This Protocol enters into force on thefirst day of the month following the expirationof three months after the date of the deposit ofthe eighth instrument of ratification,acceptance, approval or accession, betweenthe States which have deposited suchinstruments. 2. For other States this Protocolenters into force on the first day of the monthfollowing the expiration of three months afterthe date of the deposit of its instrument ofratification, acceptance, approval or accession.

Article XXJX

Territorial units

1. If a Contracting State has territorial unitsin which different systems of law are applicablein relation to the matters dealt with in this


215

Protocol, it may, at the time of ratification,acceptance, approval or accession, declare thatthis Protocol is to extend to all its territorialunits or only to one or more of 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 of that State.

4. Where a Contracting State extends thisProtocol to one or more of its territorial units,declarations permitted under this Protocol maybe made in respect of each such territorial unit,and the declarations made in respect of oneterritorial unit may be different from thosemade in respect of another territorial unit.

5. If by virtue of a declaration underparagraph 1, the Protocol extends to one ormore territorial units of 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 office or statutory seat,centre of administration, place ofbusiness or habitual residence in aterritorial unit to which the Conventionand Protocol apply;

(b) any reference to the location of the objectin a Contracting State refers to thelocation of 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 to

the aircraft registry in force or to theregistry authority having jurisdiction inthe territorial unit or units to which theConvention and Protocol apply.

Article XXX

Declarations relating to certain provisions

1. A Contracting State may, at the time ofratification, acceptance, approval of, oraccession to this Protocol, declare that it willapply any one or more of Articles VIII, XII andXIII of this Protocol.

2. A Contracting State may, at the time ofratification, acceptance, approval of, or accessionto this Protocol, declare that it will apply ArticleX of 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 ofratification, acceptance, approval of, or accessionto this Protocol, declare that it will apply theentirety of Alternative A, or the entirety ofAlternative B of Article XI and. if so, shall specify(i.e. types of insolvency proceeding, if any, towhich it will apply Alternative A and the types ofinsolvency 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 of 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 ofratification, acceptance, approval of, oraccession to the Protocol, declare that it willnot apply the provisions of 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 of interim reliefthat will be applied.

Article XXXI

Declarations under the Convention

Declarations made under the Convention,including those made under Articles 39,40, 50,


216

53, 54, 55, 57, 58 and 60 of the Convention,shall be deemed to have also been made underthis Protocol unless stated otherwise.

Article XXXII


1. 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 of a declarationmade under this Protocol shall be notified inwriting to the Depositary.

Article XXXIII


1. A State Party may make a subsequentdeclaration, other than the declaration made inaccordance with Article XXXI under Article60 of 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 of the monthfollowing the expiration of six months afterthe date of receipt of the notification by theDepositary. Where a longer period for thatdeclaration to take effect is specified in thenotification, it shall take effect upon theexpiration of such longer period after receiptof the notification by the Depositary.

3. Notwithstanding the previousparagraphs, this Protocol shall continue toapply, as if no such subsequent declarationshad been made, in respect of all rights andinterests arising prior to the effective date ofany such subsequent declaration.

Article XXXIV


Any State Party having made a declarationunder this Protocol, other than a declarationmade in accordance with Article XXXI underArticle 60 of the Convention, may withdraw it

at any time by notifying the Depositary. Suchwithdrawal is to take effect on the first day ofthe month following the expiration of sixmonths after the date of receipt of thenotification by the Depositary.

Article XXXV

Denunciations

1. Any State Party may denounce thisProtocol by notification in writing to theDepositary.

2. Any such denunciation shall take effecton the first day of the month following theexpiration of twelve months after the date ofreceipt of the notification by the Depositary.

3. Notwithstanding the previousparagraphs, this Protocol shall continue toapply, as if no such denunciation had beenmade, in respect of all rights and interestsarising prior to the effective date of any suchdenunciation.

Article XXXVI


1. 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 of the Supervisory Authority concerningthe functioning of the international registrationsystem.

2. At the request of not less than twenty-five per cent of the States Parties, ReviewConferences of the States Parties shall beconvened from time to time by the Depositary,in consultation with the Supervisory Authority,to consider:

(a) the practical operation of the Conventionas amended by this Protocol and its


217

effectiveness in facilitating the asset-based financing and leasing of theobjects covered by its terms;

(b) the judicial interpretation given to, andthe application made of the terms ofthis Protocol and the regulations;

(c) the functioning of the internationalregistration system, the performance ofthe Registrar and its oversight by theSupervisory Authority, taking intoaccount the reports of 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 majorityof States participating in the Conferencereferred to in the preceding paragraph andshall then enter into force in respect of Stateswhich have ratified, accepted or approved suchamendment when it has been ratified, acceptedor approved by eight States in accordance withthe provisions of Article XXVIII relating to itsentry into force.

Article XXXVII


1. Instruments of ratification, acceptance,approval or accession shall be deposited withthe International Institute for the Unificationof Private Law (UNIDROIT), which is herebydesignated the Depositary.

2. The Depositary shall:

(a) inform all Contracting States of:


(ii) the date of entry into force of thisProtocol;

(iii) each declaration made inaccordance with this Protocol,together with the date thereof;


(v) the notification of any denunciationof this Protocol together with thedate thereof and the date on whichit takes effect;

(b) transmit certified true copies of thisProtocol to all Contracting States;

(c) provide the Supervisory Authority andthe Registrar with a copy of eachinstrument of ratification, acceptance,approval or accession, together with thedate of deposit thereof of eachdeclaration or withdrawal or amendmentof a declaration and of each notificationof denunciation, together with the dateof notification thereof, so that theinformation contained therein is easilyand fully available; and


IN WITNESS WHEREOF the undersignedPlenipotentiaries, having been duly authorised,have signed this Protocol.

DONE at Cape Town, this sixteenth day ofNovember, 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 of theConference under the authority of the Presidentof the Conference within ninety days hereof as tothe conformity of the texts with one another.


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FORM OF IRREVOCABLE DE-REGISTRATION AND

EXPORT REQUEST AUTHORISATION

[Insert Date]

To : [Insert name of Registry Authority]

Re: Irrevocable De-registration and Export Request Authorisation

The undersigned is the registered [operator] [owner)* of the [insert the airframe/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 of [insert name of creditor] (“the authorised party”) under the authorityof Article XIII of 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 of the aircraft from the [insert name of aircraft register]maintained by the [insert name of registry authority] for the purposes of Chapter III ofthe Convention on International Civil Aviation, signed at Chicago, on 7 December1944, and

(b) procure the export and physical transfer of the aircraft from [insert name of 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 of theundersigned and that, upon such demand, the authorities in [insert name of country] shallco-operate with the authorised party with a view to the speedy completion of such action.

The rights in favour of the authorised party established by this instrument may not be revokedby the undersigned without the written consent of the authorised party.

[insert name of operator/owner]

Agreed to and lodged this By: [insert name of signatory]

[insert date] Its: [insert title of signatory]

[insert relevant notational details].


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

CHAPTER XXIV

CONSOLIDATED TEXT OF CONVENTION ONINTERNATIONAL INTERESTS IN MOBILE EQUIPMENT

AND THE PROTOCOL TO THE CONVENTION ONINTERNATIONAL INTERESTS IN MOBILE EQUIPMENTON MATTERS SPECIFIC TO AIRCRAFT EQUIPMENT


219


220

221

CHAPTER XXIV

THE CONSOLIDATED TEXT OF CONVENTION ONINTERNATIONAL INTERESTS IN MOBILE EQUIPMENT

AND THE PROTOCOL TO THE CONVENTION ONINTERNATIONAL INTERESTS IN MOBILE EQUIPMENTON MATTERS SPECIFIC TO AIRCRAFT EQUIPMENT


THE STATES PARTIES,

AWARE of the need to acquire and useaircraft equipment of high value or particulareconomic significance and to facilitate thefinancing of the acquisition and use of suchequipment in an efficient manner,

RECOGNISING the advantages of asset-based financing and leasing for this purposeand desiring to facilitate these types oftransaction by establishing clear rules to governthem,

MINDFUL of 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 of theparties necessary in these transactions,

CONSCIOUS of the need to establish alegal framework for international interests insuch equipment and for that purpose to createan international registration system for theirprotection,

MINDFUL of the principles and objectivesof the Convention on International CivilAviation, signed at Chicago on 7 December1944,

HAVE AGREED upon the followingprovisions

CHAPTER I


Article 1

Definitions

For the purposes of this Convention, “thisConvention” means the Consolidated Text ofthe Convention on International Interests inMobile Equipment and the Protocol to theConvention on International Interests in MobileEquipment on Matters specific to AircraftEquipment

In 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 of 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 of jet propulsion aircraftengines, have at least 1750 lb of thrustor its equivalent; and

(ii) in the case of turbine-powered or piston-powered aircraft engines, have at least

THE CONSOLIDATED TEXT OF THE CAPE TOWN CONVENTION AND PROTOCOL, 2001 CHAP. XXIV

222

550 rated take-off 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 of 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


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 of security or otherwise, conferson the assignee associated rights with or withouta transfer of 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 Civil Aviation,signed at Chicago on 7 December 1944, asamended, and its Annexes;

(k) “commencement of 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 of the Chicago

Convention as implemented by the Resolutionadopted on 14 December 1967 by the Councilof the International Civil Aviation Organizationon nationality and registration of 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 of sale” means a contract forthe sale of an aircraft object by a seller to abuyer which is not an agreement as defined in(a) above;

(p) “court” means a court of 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 of the aircraft” meansdeletion or removal of the registration of 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 of assuring performance of anyobligations in favour of a creditor secured by asecurity agreement or under an agreement,gives or issues a suretyship or demandguarantee or a standby letter of credit or anyother form of credit insurance;

(v) “helicopters” means heavier-than-airmachines (other than those used in military,customs or police services) supported in flightchiefly by the reactions of the air on one ormore power-driven rotors on substantiallyvertical axes and which are type certified bythe competent aviation authority to transport:

CHAP. XXIV THE CONSOLIDATED TEXT OF THE CAPE TOWN CONVENTION AND PROTOCOL, 2001

223

(i) at least five (5) persons including crew;or


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 reorganisa-tion or 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 of the debtor are subject tocontrol or supervision by a court for thepurposes of reorganisation or liquidation;

(y) “insolvency-related event” means:

(i) the commencement of theinsolvency proceedings; or

(ii) the declared intention to suspendor actual suspension of 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 of a type listed in Article 2(2)(a) to(c) where the centre of the main interests of allparties to such transaction is situated, and therelevant aircraft object under Article 3(4) islocated, in the same Contracting State at thetime of the conclusion of the contract andwhere the interest created by the transaction

has 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 of this Convention;

(dd) “leasing agreement” means anagreement by which one person (the lessor)grants a right to possession or control of 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 of a Contracting State which has made adeclaration under Article 52 to secure theperformance of an obligation, including anobligation to a State, State entity or anintergovernmental or private organisation;

(gg) “notice of 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 of any kind in or over anaircraft object created or arising before theeffective date of this Convention as defined byArticle 76(2)(a);

(ii) “primary insolvency jurisdiction” meansthe Contracting State in which the centre ofthe debtor’s main interests is situated, whichfor this purpose shall be deemed to be theplace of 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 of an aircraft object arising from thetotal or partial loss or physical destruction of


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the 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 of a stated event,whether or not the occurrence of 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 of a stated event (which may includethe debtor’s acquisition of an interest in theaircraft object), whether or not the occurrenceof the event is certain;

(mm) “prospective sale” means a sale whichis intended to be made in the future, upon theoccurrence of a stated event, whether or notthe occurrence of the event is certain;

(nn) “registered” means registered in theInternational Registry pursuant to Chapter V;

(oo) “registered interest” means aninternational interest, a registrable non-consensual right or interest or a national interestspecified in a notice of 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 of 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 of ownership ofan aircraft object pursuant to a contract of 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 of any existing orfuture obligation of the chargor or a thirdperson;

(ww) “security interest” means an interestcreated by a security agreement;

(xx) “State of registry” means, in respect ofan aircraft, the State on the national register ofwhich an aircraft is entered or the State oflocation of 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 of an aircraft objecton terms that ownership does not pass untilfulfilment of 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 ofinformation (including informationcommunicated by teletransmission) which isin tangible or other form and is capable ofbeing reproduced in tangible form on asubsequent occasion and which indicates byreasonable means a person’s approval of therecord.

Article 2

The international interest

1. This Convention provides for theconstitution and effects of an internationalinterest in aircraft objects and associated rights.

2. For the purposes of this Convention, aninternational interest in aircraft objects is aninterest, constituted under Article 10, inairframes, aircraft engines or helicopters:


225

(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) of that paragraph.

4. An international interest in an aircraftobject extends to proceeds of that aircraftobject.

Article 3


1. This Convention applies when, at thetime of the conclusion of 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 of this Convention.

3. Without prejudice to paragraph 1 ofthis Article, this Convention shall also apply inrelation to a helicopter, or to an airframepertaining to an aircraft, registered in an aircraftregister of a Contracting State which is theState of registry, and where such registrationis made pursuant to an agreement forregistration of the aircraft it is deemed to havebeen effected at the time of the agreement.

4. For the purposes of the definition of“internal transaction” in Article 1 of thisConvention:

(a) an airframe is located in the State of registryof the aircraft of which it is a part;

(b) an aircraft engine is located in the State ofregistry of 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 ofregistry,

at the time of the conclusion of theagreement creating or providing for the interest.

Article 4

Where debtor is situated

1. For the purposes of Article 3(1), thedebtor is situated in any Contracting State:

(a) under the law of which it is incorporatedor formed;

(b) where it has its registered office orstatutory seat;

(c) where it has its centre of administration;or

(d) where it has its place of business.

2. A reference in sub-paragraph (d) of thepreceding paragraph to the debtor’s place ofbusiness shall, if it has more than one place ofbusiness, mean its principal place of business or,if it has no place of business, its habitual residence.

Article 5

Interpretation and applicable law

1. In the interpretation of this Convention,regard is to be had to its 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 of such principles, in conformitywith the applicable law.

3. References to the applicable law are tothe domestic rules of the law applicable byvirtue of the rules of private international lawof the forum State.

4. Where a State comprises severalterritorial units, each of which has its ownrules of law in respect of the matter to bedecided, and where there is no indication ofthe relevant territorial unit, the law of thatState decides which is the territorial unit whoserules shall govern. In the absence of any such


226

rule, the law of the territorial unit with whichthe case is most closely connected shall apply.

Article 6

Application to sale and prospective sale

The following provisions of this Conventionapply as if references to an agreement creatingor providing for an international interest werereferences to a contract of 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 ofa contract of sale or a prospective sale);

Article 38(2) (as regards a prospectivesale); and

Article 43.

In addition, the general provisions of 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 of sale and prospective sales.

Article 7

Representative capacities

A person may enter into an agreement or asale, and register an international interest in,or a sale of, 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 8

Description of aircraft objects

A description of an aircraft object thatcontains its manufacturer’s serial number, thename of the manufacturer and its modeldesignation is necessary and sufficient toidentify the aircraft object for the purposes ofArticles 10(c) and 11(l)(c) of this Convention.

Article 9

Choice of law

1. This Article applies only where aContracting State has made a declarationpursuant to Article 71(1).

2. The parties to an agreement, or a contractof 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 of law ofthe designated State or, where that Statecomprises several territorial units, to thedomestic law of the designated territorial unit.

CHAPTER II

CONSTITUTION OF ANINTERNATIONAL INTEREST;

CONTRACTS OF SALE

Article 10

Formal requirements

An 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 of which thechargor, conditional seller or lessor has powerto dispose;

(c) enables the aircraft object to beidentified; and

(d) in the case of a security agreement,enables the secured obligations to bedetermined, but without the need to state asum or maximum sum secured.

Article 11

Formalities and effects of contracts of sale

1. For the purposes of this Convention, acontract of sale is one which:

(a) is in writing;

(b) relates to an aircraft object of whichthe seller has power to dispose; and


227

(c) enables the aircraft object to beidentified in conformity with thisConvention.

2. A contract of sale transfers the interest ofthe seller in the aircraft object to the buyeraccording to its terms.

CHAPTER III

DEFAULT REMEDIES

Article 12

Remedies of chargee

1. In the event of 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 of the following remedies:

(a) take possession or control of any aircraftobject charged to it;

(b) sell or grant a lease of any such aircraftobject;

(c) collect or receive any income or profitsarising from the management or use ofany such aircraft object.

2. The chargee may alternatively apply fora court order authorising or directing any ofthe acts referred to in the preceding paragraph.

3. A chargee proposing to sell or grant alease of an aircraft object under paragraph 1shall give reasonable prior notice in writing ofthe 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 of theirrights to the chargee within a reasonabletime prior to the sale or lease.

4. A chargee giving ten or more workingdays’ prior written notice of a proposed sale orlease to interested persons shall be deemed tosatisfy the requirement of 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 of prior notice.

5. Any sum collected or received by thechargee as a result of exercise of any of theremedies set out in paragraph 1 or 2 shall beapplied towards discharge of the amount of thesecured obligations.

6. Where the sums collected or received bythe chargee as a result of the exercise of anyremedy set out in paragraph 1 or 2 exceed theamount secured by the security interest andany reasonable costs incurred in the exerciseof any such remedy, then unless otherwiseordered by the court the chargee shall distributethe surplus among holders of subsequentlyranking interests which have been registeredor of which the chargee has been given notice,in order of priority, and pay any remainingbalance to the chargor.

Article 13

Vesting of aircraft object in satisfaction;redemption

1. At any time after default as provided inArticle 17, the chargee and all the interestedpersons may agree that ownership of (or anyother interest of the chargor in) any aircraftobject covered by the security interest shallvest in the chargee in or towards satisfactionof the secured obligations.

2. The court may on the application of thechargee order that ownership of (or any otherinterest of the chargor in) any aircraft objectcovered by the security interest shall vest inthe chargee in or towards satisfaction of thesecured obligations.

3. The court shall grant an application underthe preceding paragraph only if the amount ofthe secured obligations to be satisfied by suchvesting is commensurate with the value of theaircraft object after taking account of anypayment to be made by the chargee to any ofthe interested persons.

4. At any time after default as provided inArticle 17 and before sale of the charged aircraftobject or the making of 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


228

by the chargee under Article 12(l)(b) or orderedunder Article 12(2). Where, after such default,the payment of the amount secured is made in fullby an interested person other than the debtor, thatperson is subrogated to the rights of the chargee.

5. Ownership or any other interest of thechargor passing on a sale under Article 12(1)(b)or passing under paragraph 1 or 2 of this Articleis free from any other interest over which thechargee’s security interest has priority underthe provisions of Article 42.

Article 14

Remedies of conditional seller or lessor

In the event of 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 of any aircraft object to which theagreement relates; or

(b) apply for a court order authorising ordirecting either of these acts.

Article 15

Additional remedies of creditor

1. 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 of theaircraft; and

(b) procure the export and physical transferof 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 of theholder of any registered interest ranking inpriority to that of the creditor.

3. The registry authority in a ContractingState shall, subject to any applicable safety

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

(a) the request is properly submitted by 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 of the creditor in whosefavour the authorisation has been issuedhave been discharged or that the holdersof such interests have consented to thede-registration and export.

4. A chargee proposing to procure the de-registration and export of an aircraft underparagraph 1 otherwise than pursuant to a courtorder shall give reasonable prior notice inwriting of the proposed de-registration andexport to:

(a) interested persons specified in Article1(z)(i) and (ii) of this Convention; and

(b) interested persons specified in Article1(z)(iii) of this Convention who havegiven notice of their rights to the chargeewithin a reasonable time prior to the de-registration and export.

Article 16

Additional remedies under applicable law

Any 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 of this Chapter as setout in Article 22.

Article 17

Meaning of default

1. 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 of


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Articles 12 to 15 and 20 means a default whichsubstantially deprives the creditor of what it isentitled to expect under the agreement.

Article 18

Debtor provisions

1. In the absence of a default within themeaning of Article 17 of this Convention, thedebtor shall be entitled to the quiet possessionand use of the aircraft object in accordancewith the agreement as against:

(a) its creditor and the holder of any interestfrom which the debtor takes free pursuantto Article 42(5) or, in the capacity ofbuyer. Article 42(3) of this Convention,unless and to the extent that the debtorhas otherwise agreed; and

(b) the holder of any interest to which thedebtor’s right or interest is subjectpursuant to

Article 42(5) or, in the capacity of buyer.Article 42(4) of this Convention, but only tothe extent, if any, that such holder has agreed.

2. Nothing in this Convention affects theliability of a creditor for any breach of theagreement under the applicable law in so far asthat agreement relates to an aircraft object.

Article 19

Standard for exercising remedies

Any 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 of theagreement except where such a provision ismanifestly unreasonable.

Article 20

Relief pending final determination

1. Subject to any declaration that it maymake under Article 71 (2), a Contracting Stateshall ensure that a creditor who adducesevidence of default by the debtor may, pendingfinal determination of its claim and to theextent that the debtor has at any time so agreed,obtain from a court speedy relief in the form of

such one or more of the following orders as thecreditor requests:

(a) preservation of the aircraft object andits value;

(b) possession, control or custody of theaircraft object;

(c) immobilisation of the aircraft object;

(d) lease or, except where covered by sub-paragraphs (a) to (c), management ofthe aircraft object and the incometherefrom; and

(e) if at any time the debtor and the creditorspecifically agree, sale and applicationof proceeds therefrom.

2. For the purposes of the precedingparagraph, “speedy” in the context of obtainingrelief means within such number of workingdays from the date of filing of the applicationfor relief as is specified in a declaration madeby the Contracting State in which theapplication is made.

3. Ownership or any other interest of thedebtor passing on a sale under sub-paragraph(e) of paragraph 1 of this Article is free fromany other interest over which the creditor’sinternational interest has priority under theprovisions of Article 42 of this Convention.

4. In making any order under paragraph 1of 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 of itsobligations to the debtor under thisConvention; or

(b) fails to establish its claim, wholly or inpart, on the final determination of thatclaim.

5. The creditor and the debtor or any otherinterested person may agree in writing toexclude the application of the precedingparagraph.

6. Before making any order under paragraph1, the court may require notice of the requestto be given to any of the interested persons.


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7. 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 of relief granted bya foreign court, recognised by a court ofthat 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 of suchremedies in conformity with the applicableaviation safety laws and regulations.

8. Nothing in the preceding paragraphsaffects the application of Article 19 or limitsthe availability of forms of 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 of this Articleapply only where a Contracting State has madea declaration under Article 71(2) and to theextent stated in such declaration.

Article 21

Procedural requirements

Subject to Article 70(2), any remedy providedby this Chapter shall be exercised in conformitywith the procedure prescribed by the law of theplace where the remedy is to be exercised.

Article 22

Derogation

Any two or more of the parties referred to inthis Chapter may at any time, by agreement inwriting, exclude the application of Article 23 and,in their relations with each other, derogate fromor vary the effect of any of the preceding provisionsof this Chapter, except as stated in Articles 12(3)to (6), 13(3) and (4), 15(2), 19 and 21.

Article 23

Remedies on insolvency

1. This Article applies only where aContracting State that is the primary insolvencyjurisdiction has made a declaration pursuantto Article 71(3).

Alternative A

2. Upon the occurrence of an insolvency-related event, the insolvency administrator orthe debtor, as applicable, shall, subject toparagraph 7, give possession of the aircraft objectto the creditor no later than the earlier of

(a) the end of the waiting period; and

(b) the date on which the creditor would beentitled to possession of the aircraftobject if this Article did not apply.

3. For the purposes of this Article, the“waiting period” shall be the period specifiedin a declaration of the Contracting State whichis the primary insolvency jurisdiction.

4. References in this Article to the “insolvencyadministrator” shall be to that person in itsofficial, 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 of interim reliefavailable under the applicable law.

6. Sub-paragraph (a) of the precedingparagraph shall not preclude the use of 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 ofthe aircraft object where, by the time specifiedin paragraph 2, it has cured all defaults otherthan a default constituted by the opening ofinsolvency proceedings and has agreed to


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perform all future obligations under theagreement. A second waiting period shall notapply in respect of a default in the performanceof 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 of suchremedies in conformity with the applicableaviation safety laws and regulations.

9. No exercise of remedies permitted bythis Convention may be prevented or delayedafter the date specified in paragraph 2.

10.No obligations of the debtor under theagreement may be modified without the consentof the creditor.

11.Nothing in the preceding paragraph shallbe construed to affect the authority, if any, ofthe insolvency administrator under theapplicable law to terminate the agreement.

12.No rights or interests, except for non-consensual rights or interests of a categorycovered by a declaration pursuant to Article52(1), shall have priority in insolvencyproceedings over registered interests.

13.The provisions of this Convention shallapply to the exercise of any remedies underthis Article.

Alternative B

2. Upon the occurrence of an insolvency-related event, the insolvency administrator orthe debtor, as applicable, upon the request ofthe creditor, shall give notice to the creditorwithin the time specified in a declaration of aContracting State pursuant to Article 71(3)whether it will:

(a) cure all defaults other than a defaultconstituted by the opening of insolvencyproceedings and agree to perform allfuture obligations, under the agreementand related transaction documents; or

(b) give the creditor the opportunity to takepossession of the aircraft object, inaccordance with the applicable law.

3. The applicable law referred to in sub-paragraph (b) of the preceding paragraph maypermit the court to require the taking of anyadditional step or the provision of anyadditional guarantee.

4. The creditor shall provide evidence of itsclaims and proof 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 of the aircraftobject but fails to do so, the court may permit thecreditor to take possession of the aircraft objectupon such terms as the court may order and mayrequire the taking of any additional step or theprovision of any additional guarantee.

6. The aircraft object shall not be soldpending a decision by a court regarding theclaim and the international interest.

Article 24

Insolvency assistance

1. This Article applies only where aContracting State has made a declarationpursuant to Article 71(1).

2. The courts of a Contracting State inwhich an aircraft object is situated shall, inaccordance with the law of the ContractingState, co-operate to the maximum extentpossible with foreign courts and foreigninsolvency administrators in carrying out theprovisions of Article 23.

Article 25

De-registration and export request authorisation

1. This Article applies only where a


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Contracting 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 of theauthorised party. The registry authority shallremove an authorisation from the registry atthe request of the authorised party.

4. The registry authority and otheradministrative authorities in Contracting Statesshall expeditiously co-operate with and assistthe authorised party in the exercise of theremedies specified in Article 15.

CHAPTER IV

THE INTERNATIONALREGISTRATION SYSTEM

Article 26

The International Registry

An International Registry shall beestablished for registrations of:

(a) international interests, prospectiveinternational interests and registrablenon-consensual rights and interests;

(b) assignments and prospectiveassignments of international interests;

(c) acquisitions of international interestsby legal or contractual subrogationsunder the applicable law;

(d) notices of national interests; and

(e) subordinations of interests referred toin any of the preceding sub-paragraphs.

2. For the purposes of this Chapter andChapter V, the term “registration” includes,where appropriate, an amendment, extensionor discharge of a registration.

Article 27

The Supervisory Authority

1. 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 of Signatory and Contracting Statesshall be convened to designate anotherSupervisory Authority.

3. The Supervisory Authority may establisha commission of experts, from among personsnominated by Signatory and Contracting Statesand having the necessary qualifications andexperience, and entrust it with the task ofassisting the Supervisory Authority in thedischarge of its functions.

4 The Supervisorv Authority shall:

(a) establish or provide for the establish-ment of the International Registry;

(b) appoint and dismiss the Registrar;

(c) ensure that any rights required for thecontinued effective operation of theInternational Registry in the event of achange of Registrar will vest in or beassignable to the new Registrar;

(d) after consultation with the ContractingStates, make or approve and ensure thepublication of regulations dealing withthe operation of the International Registry;

(e) establish administrative proceduresthrough which complaints concerning theoperation of the International Registrycan be made to the Supervisory Authority;

(f) supervise the Registrar and the operationof the International Registry;

(g) at the request of the Registrar, provide


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such guidance to the Registrar as theSupervisory Authority thinks fit;

(h) set and periodically review the structureof fees to be charged for the services andfacilities of the International Registry;

(i) do all things necessary to ensure that anefficient notice-based electronicregistration system exists to implementthe objectives of this Convention; and

(j) report periodically to Contracting Statesconcerning the discharge of itsobligations under this Convention.

5. The Supervisory Authority may enterinto any agreement requisite for theperformance of its functions, including anyagreement referred to in Article 40(3).

6. The Supervisory Authority shall ownall proprietary rights in the data bases andarchives of the International Registry.

7. The first regulations shall be made bythe Supervisory Authority so as to take effectupon the entry into force of the Conventionand the Protocol.

Article 28

The Registrar

1. The first Registrar shall operate theInternational Registry for a period of five yearsfrom the date of entry into force of 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 of 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 of establishing, operating andregulating the International Registry and thereasonable costs of the Supervisory Authorityassociated with the performance of thefunctions, exercise of the powers, and dischargeof the duties contemplated by Article 27(4) ofthis Convention.

Article 29

Designated entry points

1. 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 of a notice of a national interest ora right or interest under Article 53 in eithercase arising under the laws of 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 of adesignated entry point or entry points forinformation required for registrations in respectof aircraft engines.

Article 30

Working hours of the registration facilities

The centralised functions of 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 V

MODALITIES OFREGISTRATION

Article 31

Registration requirements

1. In accordance with this Convention, theregulations shall specify the requirements,including the criteria for the identification ofthe aircraft object:

(a) for effecting a registration (which shallinclude provision for prior electronictransmission of any consent from anyperson whose consent is required underArticle 33);

(b) for making searches and issuing searchcertificates; and, subject thereto,


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(c) for ensuring the confidentiality ofinformation and documents of 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 ofan international interest.

4. The Registrar shall arrange forregistrations to be entered into the InternationalRegistry data base and made searchable inchronological order of receipt, and the fileshall record the date and time of receipt.

Article 32

Validity and time of registration

1. A registration shall be valid only if madein conformity with Article 33.

2. A registration, if valid, shall be completeupon entry of the required information into theInternational Registry data base so as to besearchable.

3. A registration shall be searchable for thepurposes of 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 of registration of 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 ofa prospective assignment of an internationalinterest.

6. A registration pertaining to an aircraftobject shall be searchable in the InternationalRegistry data base according to the name of itsmanufacturer, its manufacturer’s serial numberand its model designation, supplemented asnecessary to ensure uniqueness. Suchsupplementary information shall be specifiedin the regulations.

Article 33

Consent to registration

1. An international interest, a prospectiveinternational interest or an assignment orprospective assignment of an internationalinterest may be registered, and any suchregistration amended or extended prior to itsexpiry, by either party with the consent inwriting of the other.

2. The subordination of an internationalinterest to another international interest maybe registered by or with the consent in writingat any time of the person whose interest hasbeen subordinated.

3. A registration may be discharged by orwith the consent in writing of the party inwhose favour it was made.

4. The acquisition of 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 thereof.6. A notice of a national interest may beregistered by the holder thereof.

Article 34

Duration of registration

1. Registration of an international interestremains effective until discharged or untilexpiry of the period specified in the registration.

2. Registration of a contract of sale remainseffective indefinitely. Registration of aprospective sale remains effective unless


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discharged or until expiry of the period, if any,specified in the registration.

Article 35

Searches

1. Any person may, in the mannerprescribed by this Convention and theregulations, make or request a search of theInternational Registry by electronic meansconcerning interests or prospectiveinternational interests registered therein.

2. Upon receipt of 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 ofregistration of 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 36

List of declarations and declared non-consensual rights or interests

The Registrar shall maintain a list ofdeclarations, withdrawals of declarations, andof the categories of 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 of each such declarationor withdrawal of declaration. Such list shall berecorded and searchable in the name of thedeclaring State and shall be made available asprovided in this Convention and the regulationsto any person requesting it.

Article 37

Evidentiary value of certificates

A document in the form prescribed by theregulations which purports to be a certificateissued by the International Registry is primafacie proof:

(a) that it has been so issued; and

(b) of the facts recited in it, including thedate and time of a registration.

Article 38

Discharge of registration

1. 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 of transfer of title under a registeredtitle reservation agreement have been fulfilled,the holder of such interest shall, without unduedelay, procure the discharge of 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 of aninternational interest has been registered, theintending creditor or intending assignee shall,without undue delay, procure the discharge ofthe 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 of the preceding paragraphand in the circumstances there described, theholder of a registered prospective internationalinterest or a registered prospective assignmentof 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 of the registration no laterthan five working days after the receipt of thedemand described in such paragraph.

4. Where the obligations secured by a nationalinterest specified in a registered notice of anational interest have been discharged, the holderof such interest shall, without undue delay,


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procure the discharge of 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 39

Access to the international registration facilities

No person shall be denied access to theregistration and search facilities of theInternational Registry on any ground otherthan its failure to comply with the proceduresprescribed by this Chapter.

CHAPTER VI

PRIVILEGES AND IMMUNITIES OFTHE SUPERVISORY AUTHORITY

AND THE REGISTRAR

Article 40

Legal personality; immunity

1. The Supervisory Authority shall haveinternational legal personality where not alreadypossessing such personality.

2. The Supervisory Authority and its officersand 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 of this paragraph,“host State” means the State inwhich the Supervisory Authority issituated.

4. The assets, documents, data bases andarchives of the International Registry shall beinviolable and immune from seizure or otherlegal or administrative process.

5. For the purposes of 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 of this Article.

CHAPTER VII

LIABILITY OF THEREGISTRAR

Article 41

Liability and financial assurances

1. The Registrar shall be liable forcompensatory damages for loss suffered by aperson directly resulting from an error or omissionof the Registrar and its officers and employeesor from a malfunction of the internationalregistration system except where the malfunctionis caused by an event of an inevitable andirresistible nature, which could not be preventedby using the best practices in current use in thefield of 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 inaccuracyof 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 officers and employees are not responsibleand arising prior to receipt of 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 of this Convention.

5. The amount of the insurance or financialguarantee referred to in the preceding paragraph


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shall, in respect of each event, not be less thanthe maximum value of 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 VIII

EFFECTS OF ANINTERNATIONAL INTEREST AS

AGAINST THIRD PARTIES

Article 42

Priority of competing interests

1. A registered interest has priority overany other interest subsequently registered andover an unregistered interest.

2. The priority of the first-mentioned interestunder the preceding paragraph applies:

(a) even if the first-mentioned interest wasacquired or registered with actualknowledge of the other interest; and

(b) even as regards value given by the holderof the first-mentioned interest with suchknowledge.

3. A buyer of 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 of the unregisteredinterest.

4. A buyer of an aircraft object acquires itsinterest in that object subject to an interestregistered at the time of 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 of the internationalinterest held by its conditional seller orlessor; and

(b) free from an interest not so registered atthat time even if it has actual knowledgeof that interest.

6. The priority of competing interests orrights under this Article may be varied by

agreement between the holders of thoseinterests, but an assignee of a subordinatedinterest is not bound by an agreement tosubordinate that interest unless at the time ofthe 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 of 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 of 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 of or another right or interestin an aircraft engine shall not be affected by itsinstallation on or removal from an aircraft.

10. Paragraph 8 of this Article applies to anitem, other than an aircraft object, installed onan airframe, aircraft engine or helicopter.

Article 43

Effects of insolvency

1. In insolvency proceedings against thedebtor an international interest is effective ifprior to the commencement of the insolvencyproceedings that interest was registered inconformity with this Convention.

2. Nothing in this Article impairs theeffectiveness of an international interest in theinsolvency proceedings where that interest iseffective under the applicable law.

3. Nothing in this Article affects any rulesof law applicable in insolvency proceedingsrelating to the avoidance of a transaction as apreference or a transfer in fraud of creditors orany rules of procedure relating to theenforcement of rights to property which isunder the control or supervision of theinsolvency administrator.


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CHAPTER IX

ASSIGNMENTS OF ASSOCIATEDRIGHTS AND INTERNATIONAL

INTERESTS; RIGHTS OF SUBROGATION

Article 44

Effects of assignment

1. Except as otherwise agreed by the parties,an assignment of associated rights made inconformity with Article 45 also transfers to theassignee:

(a) the related international interest; and

(b) all the interests and priorities of theassignor under this Convention.

2. Nothing in this Convention prevents apartial assignment of the assignor’s associatedrights. In the case of 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 of set-offavailable to the debtor against the assignee.

4. The debtor may at any time by agreementin writing waive all or any of the defences andrights of set-off referred to in the precedingparagraph other than defences arising fromfraudulent acts on the part of the assignee.

5. In the case of an assignment by way ofsecurity, the assigned associated rights revestin the assignor, to the extent that they are stillsubsisting, when the obligations secured bythe assignment have been discharged.

Article 45

Forma! requirements of assignment

1. An assignment of 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 of an assignment by way ofsecurity, 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 of 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 of associated rights which is noteffective to transfer the related internationalinterest.

Article 46

Debtor’s duty to assignee

1. 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 of theassignment in writing by or with theauthority of the assignor;

(b) the notice identifies the associatedrights; and

(c) the debtor has consented in writing,whether or not the consent is given inadvance of the assignment or identifiesthe assignee.

2. Irrespective of 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 of competing assignments.

Article 47

Default remedies in respect of assignment byway of security

In the event of default by the assignor underthe assignment of associated rights and the related


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international interest made by way of 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 of application tointangible property) as if references:

(a) to the secured obligation and the securityinterest were references to the obligationsecured by the assignment of 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 of the international interestwere references to the assignee; and (d)to the aircraft object were references tothe assigned associated rights and therelated international interest.

Article 48

Priority of competing assignments

1. Where there are competing assignmentsof associated rights and at least one of theassignments includes the related internationalinterest and is registered, the provisions of Article42 apply as if the references to a registeredinterest were references to an assignment of 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 ofassociated rights as if the references to aninternational interest were references to anassignment of the associated rights and therelated international interest.

Article 49

Assignee’s priority with respect to associatedrights

1. The assignee of associated rights andthe related international interest whoseassignment has been registered only has priorityunder Article 48(1) over another assignee ofthe 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 of sub-paragraph (b) ofthe preceding paragraph, associated rights arerelated to an aircraft object only to the extentthat they consist of rights to payment orperformance that relate to:

(a) a sum advanced and utilised for thepurchase of the aircraft object;

(b) a sum advanced and utilised for thepurchase of 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 of theaircraft object; or

(e) other obligations arising from atransaction referred to in any of thepreceding sub-paragraphs.

3. In all other cases, the priority of thecompeting assignments of the associated rightsshall be determined by the applicable law.

Article 50

Effects of assignor’s insolvency

The provisions of Article 43 apply toinsolvency proceedings against the assignoras if references to the debtor were referencesto the assignor.

Article 51

Subrogation

1. Subject to paragraph 2, nothing in thisConvention affects the acquisition of 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 of the respective interests


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but an assignee of a subordinated interest isnot bound by an agreement to subordinate thatinterest unless at the time of the assignment asubordination had been registered relating tothat agreement.

CHAPTER X

RIGHTS OR INTERESTS SUBJECTTO DECLARATIONS BYCONTRACTING STATES

Article 52

Rights having priority without registration

1. A Contracting State may at any time, ina declaration deposited with the Depositary ofthe Protocol declare, generally or specifically:

(a) those categories of 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 of the holder of 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 of a State or State entity,intergovernmental organisation or otherprivate provider of public services to arrestor detain an aircraft object under the lawsof that State for payment of amounts owedto such entity, organisation or providerdirectly relating to those services in respectof that object or another aircraft object.

2. A declaration made under the precedingparagraph may be expressed to cover categoriesthat are created after the deposit of thatdeclaration.

3. A non-consensual right or interest haspriority over an international interest if andonly if the former is of a category covered by adeclaration deposited prior to the registrationof the international interest.

4. Notwithstanding the precedingparagraph, a Contracting State may, at the timeof ratification, acceptance, approval of, oraccession to the Protocol, declare that a right

or interest of a category covered by a declarationmade under sub-paragraph (a) of paragraph 1shall have priority over an international interestregistered prior to the date of such ratification,acceptance, approval or accession.

Article 53

Registrable non-consensual rights or interests

A Contracting State may at any time in adeclaration deposited with the Depositary ofthe Protocol list the categories of non-consensual right 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 XI

JURISDICTION

Article 54

Choice of forum

1. Subject to Articles 55 and 56, the courtsof a Contracting State chosen by the parties toa transaction have jurisdiction in respect ofany 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 of the law of the chosen forum.

Article 55

Jurisdiction under Article 20

1. The courts of a Contracting State chosenby the parties in conformity with Article 54and the courts of the Contracting State on theterritory of 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 ofthat aircraft object or aircraft.

2. Jurisdiction to grant relief under Article20(1 )(d) and (e) or other interim relief byvirtue of Article 20(8) may be exercised either:


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(a) by the courts chosen by the parties; or

(b) by the courts of a Contracting State onthe territory of which the debtor is situated,being relief which, by the terms of theorder granting it, is enforceable only inthe territory of that Contracting State.

3. A court has jurisdiction under thepreceding paragraphs even if the finaldetermination of the claim referred to in Article20(1) will or may take place in a court ofanother Contracting State or by arbitration.

Article 56

Jurisdiction to make orders against theRegistrar

1. The courts of the place in which theRegistrar has its centre of 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 of enabling an order to be made againstit requiring it to procure discharge of theregistration, the courts referred to in thepreceding paragraph shall have exclusivejurisdiction, on the application of 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 of a court having jurisdiction under thisConvention or, in the case of a national interest,an order of a court of competent jurisdictionrequiring that person to procure the amendmentor discharge of 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 57

Waivers of sovereign immunity

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

courts specified in Article 54 or 55 of thisConvention or relating to enforcement of 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 ofthe aircraft object.

Article 58

Jurisdiction in respect of insolvencyproceedings

The provisions of this Chapter are notapplicable to insolvency proceedings.

CHAPTER XII

RELATIONSHIP WITH OTHER

CONVENTIONS

Article 59

Relationship with the United NationsConvention on the Assignment of Receivablesin International Trade

This Convention shall prevail over theUnited Nations Convention on the Assignmentof Receivables in International Trade, openedfor signature in New York on 12 December2001, as it relates to the assignment ofreceivables which are associated rights relatedto international interests in aircraft objects.

Article 60

Relationship with the Convention on theInternational Recognition of Rights in Aircraft

This Convention shall, for a ContractingState that is a Party to the Convention on theInternational Recognition of 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.


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Article 61

Relationship with the Convention for theUnification of Certain Rules Relating to thePrecautionary Attachment of Aircraft

1. This Convention shall, for a ContractingState that is a Party to the Convention/or theUnification of Certain Rules Relating to thePrecautionary Attachment of 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 timeof ratification, acceptance, approval of, oraccession to the Protocol, that it will not applythis Article.

Article 62


This Convention shall supersede theUNIDROIT Convention on InternationalFinancial Leasing, signed at Ottawa on 28May 1988, as it relates to aircraft objects.

CHAPTER XIII

FINAL PROVISIONS

Article 63


(See Article 47 of the Convention andArticle XXVI of the Protocol)

Article 64


1. 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 of aContracting State, to the extent that thatOrganisation has competence over mattersgoverned by the Convention and the Protocol.Where the number of Contracting States is

relevant 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 of signature,acceptance, approval or accession, make adeclaration to the Depositary specifying thematters governed by the Convention and theProtocol in respect of which competence hasbeen transferred to that Organisation by itsMember States. The Regional EconomicIntegration Organisation shall promptly notifythe Depositary of any changes to the distributionof competence, including new transfers ofcompetence, 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 65

Entry into force

(See Article 49 of the Convention andArticle XXVIII of the Protocol)

Article 66

Internal transactions

1. A Contracting State may, at the time ofratification, acceptance, approval of, 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 of aircraftobjects or some of them.

2. Notwithstanding the preceding paragraph,the provisions of Articles 12(3), 13( 1), 26,Chapter V, Article 42, and any provisions of thisConvention relating to registered interests shallapply to an internal transaction.

3. Where notice of a national interest hasbeen registered in the International Registry,the priority of the holder of that interest underArticle 42 shall not be affected by the fact thatsuch interest has become vested in another


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person by assignment or subrogation underthe applicable law.

Article 67

Future Protocols(See Article 51 of the Convention)

Article 68

Territorial units(See Article 52 of the Convention and

Article XXIX of the Protocol)

Article 69

Determination of courts

A Contracting State may , at the time ofratification, acceptance, approval of, oraccession to the Protocol, declare the relevant“court” or “courts” for the purposes of Article1 and Chapter XI of this Convention.

Article 70

Declarations regarding remedies

1. A Contracting State may, at the time ofratification, acceptance, approval of, or accessionto the Protocol, declare that while the chargedaircraft object is situated within, or controlledfrom its territory the chargee shall not grant alease of the object in that territory.

2. A Contracting State shall, at the time ofratification, acceptance, approval of, or accessionto the Protocol, declare whether or not any remedyavailable to the creditor under any provision ofthis Convention which is not there expressed torequire application to the court may be exercisedonly with leave of the court.

Article 71

Declarations relating to certain provisions

1. A Contracting State may, at the time ofratification, acceptance, approval of, oraccession to the Protocol, declare that it willapply any one or more of Articles 9, 24 and 25of this Convention.

2. A Contracting State may, at the time ofratification, acceptance, approval of, or accessionto the Protocol, declare that it will apply theprovisions of 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-period

required thereby. A Contracting State may alsodeclare that it will not apply the provisions ofArticle 20(1), (4), (6), and (8), and of 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 of interim reliefwill be applied.

3. A Contracting State may, at the time ofratification, acceptance, approval of, oraccession to the Protocol, declare that it willapply the entirety of Alternative A, or theentirety of Alternative B of Article 23 and, ifso, shall specify the types of insolvencyproceeding, if any, to which it will apply

Alternative A and the types of 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 of Contracting States shallapply Article 23 in conformity with thedeclaration made by the Contracting Statewhich is the primary insolvency jurisdiction.

Article 72


1. 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 of a declarationmade under this Convention shall be notifiedin writing to the Depositary.

Article 73


1. 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 of the monthfollowing the expiration of six months after


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the date of receipt of the notification by theDepositary. Where a longer period for thatdeclaration to take effect is specified in thenotification, it shall take effect upon theexpiration of such longer period after receiptof the notification by the Depositary.

3. Notwithstanding the previousparagraphs, this Convention shall continue toapply, as if no such subsequent declarationshad been made, in respect of all rights andinterests arising prior to the effective date ofany such subsequent declaration.

Article 74


1. 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 ofthe month following the expiration of sixmonths after the date of receipt of thenotification by the Depositary.

2. Notwithstanding the previous paragraph,this Convention shall continue to apply, as if nosuch withdrawal of declaration had been made,in respect of all rights and interests arising priorto the effective date of any such withdrawal.

Article 75

Denunciations

1. 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 of the month following theexpiration of twelve months after the date ofreceipt of the notification by the Depositary. 3.Notwithstanding the previous paragraphs, thisConvention shall continue to apply, as if nosuch denunciation had been made, in respectof all rights and interests arising prior to theeffective date of any such denunciation.

Article 76

Transitional provisions

1. Unless otherwise declared by a ContractingState at any time, this Convention does not apply

to a pre-existing right or interest, which retainsthe priority it enjoyed under the applicable lawbefore the effective date of the Convention.

2. For the purposes of Article 1(hh) and ofdetermining priority under this Convention:

(a) “effective date of 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 of administration or, if ithas no centre of administration, its placeof business or, if it has more than oneplace of business, its principal place ofbusiness or, if it has no place of 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 ofdetermining priority, including the protection ofany 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) of the precedingparagraph but only to the extent and in themanner specified in its declaration.

Article 77


1. 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 of the SupervisoryAuthority concerning the functioning of theinternational registration system.

2. At the request of not less than twenty-five per cent of the States Parties, ReviewConferences of States Panics shall be convened


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from time to time by the Depositary, inconsultation with the Supervisory Authority,to consider:

(a) the practical operation of thisConvention and its effectiveness infacilitating the asset-based financing andleasing of the aircraft objects coveredby its terms;

(b) the judicial interpretation given to, andthe application made of the terms ofthis Convention and the regulations;

(c) the functioning of the internationalregistration system, the performance ofthe Registrar and its oversight by theSupervisory Authority, taking intoaccount the reports of 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 ofStates Parties participating in the Conferencereferred to in the preceding paragraph and shallthen enter into force in respect of States whichhave ratified, accepted or approved suchamendment when ratified, accepted, or approvedby States in accordance with the provisions ofArticle 65 relating to their entry into force.

4. Where the proposed amendment to theConvention is intended to apply to more thanone category of equipment, such amendmentshall also be approved by at least a two-thirdsmajority of States Parties to each Protocol thatare participating in the Conference referred toin paragraph 2.

Article 78


1. Instruments of ratification, acceptance,approval of or accession to the Convention

and the Protocol, shall be deposited with theInternational Institute for the Unification ofPrivate Law (UNIDROIT), which is herebydesignated the Depositary.

2. The Depositary shall:

(a) inform al Contracting States of:


(ii) the date of entry into force of theConvention and the Protocol;

(iii) each declaration made inaccordance with this Convention,together with the date thereof;


(v) the notification of any denunciationof the Convention and the Protocoltogether with the date thereof andthe date on which it takes effect;

(b) transmit certified true copies of theConvention and the Protocol to allContracting States;

(c) provide the Supervisory Authority andthe Registrar with a copy of eachinstrument of ratification, acceptance,approval or accession, together with thedate of deposit thereof, of eachdeclaration or withdrawal or amendmentof a declaration and of each notificationof denunciation, together with the dateof notification thereof, so that theinformation contained therein is easilyand fully available; and


IN WITNESS WHEREOF the undersignedPlenipotentiaries, having been duly authorised,have signed the Convention and the Protocol.


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Annex

FORM OF IRREVOCABLE DE-REGISTRATION

AND EXPORT REQUEST AUTHORISATION

Annex referred to in Article 25

[Insert Date]

To: [Insert Name of Registry Authority]

Re: Irrevocable De-Registration and Export Request Authorisation

The undersigned is the registered [operator] [owner]* of the [insert the airframe/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 of [insert name of creditor] (“the authorised party”) under the authorityof Article 25 of 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 of the aircraft from the [insert name of aircraft register]maintained by the [insert name of registry authority] for the purposes of Chapter III ofthe Convention on International Civil Aviation, signed at Chicago, on 7 December1944; and

(b) procure the export and physical transfer of the aircraft from [insert name of 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 of theundersigned and that, upon such demand, the authorities in [insert name of country] shallco-operate with the authorised party with a view to the speedy completion of such action.

The rights in favour of the authorised party established by this instrument may not be revokedby the undersigned without the written consent of 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 of registry authority].

[insert name of operator/owner]

Agreed to and lodged this By: [insert name of signatory]

[insert date] Its: [insert title of signatory]

[insert relevant notational details].