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Convention on International Interests in Mobile Equipment Act, 2007 (Act No. 4 of 2007

Schedules

Schedule 2 : Protocol

Chapter I : Sphere of Application and General Provisions

Article IV - Sphere of application

 

 

(1) Without prejudice to Article 3 (1) of the Convention, the Convention shall also apply in relation to a helicopter, or to an airframe pertaining to an aircraft, registered in an aircraft register of a Contracting State which is the State of registry, and where such registration is made pursuant to an agreement for registration of the aircraft it is deemed to have been effected at the time of the agreement.

 

(2) For the purposes of the definition of "internal transaction" in Article 1 of the Convention—
(a) an airframe is located in the State of registry of the aircraft of which it is a part;
(b) an aircraft engine is located in the State of registry of the aircraft on which it is installed or, if it is not installed on an aircraft, where it is physically located; and
(c) a helicopter is located in its State of registry,

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

 

(3) The parties may, by agreement in writing, exclude the application of Article XI and, in their relations with each other, derogate from or vary the effect of any of the provisions of this Protocol except Article IX (2)-(4).