Cape Town Treaty

The Cape Town Convention on International Interests in Mobile Equipment, or Cape Town Treaty is an international treaty intended to standardize transactions involving movable property. The treaty creates international standards for registration of contracts of sale (including dedicated registration agencies), security interests (liens), leases and conditional sales contracts, and various legal remedies for default in financing agreements, including repossession and the effect of particular states' bankruptcy laws.

Cape Town Treaty
Cape Town Convention on International Interests in Mobile Equipment
CapeTownTreatyParties.svg
  Parties
  Signatories
  Parties, also covered by EU's accession
  Signatories, also covered by EU's accession
  covered by EU's accession
Signed16 November 2001
LocationCape Town, South Africa
Effective1 March 2006
Condition3 ratifications
Parties78
DepositaryInternational Institute for the Unification of Private Law
Citations2307 U.N.T.S. 285
LanguagesEnglish, Arabic, Chinese, French, Russian and Spanish
Full text
Convention on International Interests in Mobile Equipment at Wikisource

Four protocols to the convention are specific to four types of movable equipment: Aircraft Equipment (aircraft and aircraft engines; signed in 2001), railway rolling stock (signed in 2007), space assets (signed in 2012) and "Mining, Agricultural and Construction Equipment" (signed in 2019). The aircraft Protocol entered into force in 2006, while the others are not in effect.

The treaty resulted from a diplomatic conference held in Cape Town, South Africa in 2001. The conference was attended by 68 countries and 14 international organizations. 53 countries signed the resolution proposing the treaty.[1] The treaty came into force on 1 March 2006,[2] and has been ratified by 57 parties. The Aircraft Protocol (which applies specifically to aircraft and aircraft engines) took effect on 1 March 2006 when it was ratified by 9 countries: Ethiopia, Ireland, Malaysia, Nigeria, Oman, Panama, Pakistan, and the United States.

Signatures and ratificationsEdit

As of 2018, the convention has been ratified by 77 states as well as the European Union. The railway rolling stock and the space protocols have been ratified by respectively three countries (Gabon, Luxembourg and Sweden), as well as the European Union, and no countries and thus have not taken effect. An overview of the status of the treaty and protocols is shown below:

Instrument Signature Location Entry into force Signatures Ratifications
(required for entry into force)
Convention 16 November 2001 Cape Town 1 March 2006 28 78 (3)
Aircraft Protocol 16 November 2001 Cape Town 1 March 2006 23 74 (8)
Railway Rolling Stock Protocol 23 February 2007 Luxembourg - 8 3 (4)
Space Assets Protocol 9 March 2012 Berlin - 4 0 (10)
Mining, Agricultural and Construction Equipment (MAC) 22 November 2019 Pretoria - 5 0 (5)

European UnionEdit

The European Union joined the convention and the Aircraft Protocol as a Regional Economic Integration Organization. On the subject of the convention, both the Member states of the European Union and the Union itself have competence: e.g. while the substantive law regarding insolvency is regulated by the states, the conflict of law-rules (which county has jurisdiction etc.) is regulated by the European Union. According to the Government of the Netherlands the acceptance of the European Union in a member state which itself is not a party to the convention has no practical consequences.[3] The European Union ratified the Luxembourg Rail protocol in December 2014 as a Regional Economic Integration Organization on the same basis.

ProtocolsEdit

 
Aircraft Protocol
  Parties
  Signed
  Parties, also covered by EU's accession
  Signatories, also covered by EU's accession
  covered by EU's accession

Aircraft ProtocolEdit

The aircraft Protocol (officially: Protocol to the Convention on International Interests in Mobile Equipment on matters specific to aircraft equipment) was signed immediately with the treaty and the only protocol currently entered into force. It applies to aircraft which can carry at least eight people or 2750 kilograms of cargo, aircraft engines with thrust exceeding 1,750 pounds-force (7,800 N) or 550 horsepower (410 kW), and helicopters carrying five or more passengers. The International Registry of Mobile Assets established to record international property interests in the aircraft equipment covered by the treaty is located in Ireland. Mediation cases for leasing disputes are to be heard in the High Court of Ireland.[4] As of 2018, the protocol has 73 contracting parties, which includes 27 states and the European Union.

State Date of Ratification/
Accession
Comments
  Afghanistan 25 July 2006
  Albania 30 October 2007
  Angola 30 April 2006
  Argentina 10 January 2018
  Australia 26 May 2015
  Bahrain 27 November 2012
  Bangladesh 15 December 2008
  Belarus 27 September 2011
  Bhutan 4 July 2014
  Brazil 30 November 2011
  Burkina Faso 8 September 2017
  Cameroon 14 April 2011
  Canada 21 December 2012 New Brunswick: effective 1 July 2016
Yukon: effective 1 October 2014
others: 1 April 2013
  Cape Verde 26 September 2007
  China 3 February 2009 Excluding
  Hong Kong
  Macao
  Colombia 19 February 2007
  Congo 13 March 2013
  Democratic Republic of Congo 6 May 2016
  Costa Rica 8 August 2018
  Côte d'Ivoire 1 March 2016
  Cuba 28 January 2009
  Denmark 26 October 2015
  Egypt 10 December 2014
  Ethiopia 21 November 2003
  European Union 28 April 2009 Only as far as it has competency over subjects of the convention/ protocol. Not applicable to Denmark
  Fiji 30 May 2012
  Gabon 4 April 2017
  Ghana 20 December 2018
  India 31 March 2008
  Indonesia 16 March 2007
  Ireland 23 August 2005
  Jordan 31 August 2010
  Kazakhstan 1 June 2011
  Kenya 13 October 2006
  Kuwait 31 October 2013
  Latvia 8 February 2011
  Luxembourg 27 June 2008
  Madagascar 15 December 2008
  Malawi 10 April 2013
  Malaysia 16 January 2014
  Malta 1 October 2010
  Mexico 31 July 2007
  Moldova 19 February 2019
  Mongolia 19 October 2006
  Mozambique 18 July 2013
  Myanmar 3 December 2012
  Namibia 23 July 2018
  Kingdom of the Netherlands 17 May 2010 Not European Netherlands
Only for   Aruba
  Curaçao
  Sint Maarten
  Caribbean Netherlands
  New Zealand 20 July 2010
  Nigeria 16 December 2003
  Norway 20 December 2010
  Oman 21 March 2005
  Pakistan 22 January 2004
  Panama 28 July 2003
  Paraguay 19 December 2018
  Romania 30 March 2018
  Russia 25 May 2011
  Rwanda 28 January 2010
  San Marino 9 September 2014
  Saudi Arabia 27 June 2008
  Senegal 9 January 2006
  Sierra Leone 26 July 2016
  Singapore 28 January 2009
  South Africa 18 January 2007
  Spain 27 November 2015
  Swaziland 17 November 2016
  Sweden 30 December 2015
  Tajikistan 31 May 2011
  Tanzania 30 January 2009
  Togo 1 December 2011
  Turkey 23 August 2011
  Ukraine 31 July 2012
  United Arab Emirates 29 April 2008
  United Kingdom 27 July 2015 Extended to Cayman Islands, Gibraltar and Guernsey (2015), and the Isle of Man and Bermuda (2017)
  United States 28 October 2004
  Uzbekistan 31 January 2018
  Vietnam 17 September 2014

Railway Rolling StockEdit

The Railway Rolling Stock Protocol, or Luxembourg Rail Protocol, officially the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Railway Rolling Stock was adopted on 23 February 2007 at a diplomatic conference in Luxembourg and applies to railway rolling stock (broadly defined as "vehicles movable on a fixed railway track or directly on, above or below a guideway").

The protocol establishes an international registry located in Luxembourg at which all international interests under the protocol will be registrable. The registry will also issue unique identifiers for rolling stock on request. Regulis S.A., a subsidiary of SITA, was appointed in November 2014 to act as Registrar. The protocol requires ratification by 4 countries, together with a certification by the secretariat to the Supervisory Authority that the registry is fully operational, in order to enter into force. Currently, it has been signed by France, Gabon, Germany, Italy, Luxembourg, Mozambique, Switzerland, Sweden, the UK as well as the European Union, while it has been ratified by the European Union and 3 states: Gabon, Luxembourg and Sweden.

Space AssetsEdit

The Space Assets protocol, or Berlin Space Protocol[5] (officially Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Space Assets) was concluded on 9 March 2012 and requires 10 ratifications before entry into force.[6] The protocol applies to objects functioning in space like satellites or satellite parts.[7] The convention was strongly opposed by the satellite industry, claiming that it would lead to increased bureaucracy and "make the financing of new satellite projects more difficult and expensive".[8] The convention has been signed by 4 countries (Burkina Faso, Germany, Saudi Arabia, Zimbabwe), but no country has ratified it.

Mining, Agricultural, and Construction (MAC) EquipmentEdit

On 22 November 2019, a fourth protocol to the convention was adopted to extend the convention's framework to mining, agricultural, and construction (MAC) equipment, named 'Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to mining, agricultural, and construction equipment.[9] The protocol was signed by 4 states (Congo, Gambia, Nigeria and Paraguay) upon its adoption and requires 5 ratifications before entry into force (provided the registry is operational then). On 1 October 2020, the United States of America signed the MAC Protocol bringing the total number of signatories to 5[10]

ReferencesEdit

  1. ^ "Diplomatic Conference to adopt a Mobile Equipment Convention and an Aircraft Protocol, Cape Town, South Africa, 29 October – 16 November 2001". International Institute for the Unification of Private Law (UNIDROIT). Archived from the original on 16 April 2013. Retrieved 22 November 2006.
  2. ^ "The Cape Town Convention - Now coming into force" (PDF). Hogan Lovells. 1 March 2006. Retrieved 23 July 2021.
  3. ^ "32 227 (R 1904) Verdrag inzake internationale zakelijke rechten op mobiel materieel en Protocol bij het Verdrag inzake internationale zakelijke rechten op mobiel materieel betreffende voor luchtvaartmaterieel specifieke aangelegenheden; Kaapstad, 16 november 2001". Government of the Netherlands (in Dutch). 27 November 2009. Retrieved 13 March 2012.
  4. ^ "Aircraft leasing disputes to be heard in Dublin". Sunday Business Post. 11 May 2008.[permanent dead link]
  5. ^ "Pressemitteilung: Berliner Weltraumprotokoll verabschiedet". Ministry of Justice (Germany) (Press release) (in German). 9 March 2012. Archived from the original on 10 March 2012. Retrieved 11 March 2012.
  6. ^ "text of the draft Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Space Assets" (PDF). UNIDROIT. June 2011. Archived from the original (PDF) on 18 October 2011. Retrieved 13 March 2012.
  7. ^ "Draft Final Provisions capable of embodiment in the draft Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Space Assets, with Explanatory Notes" (PDF). UNIDROIT. June 2011. Archived from the original (PDF) on 18 October 2011. Retrieved 13 March 2012.
  8. ^ "Global Satellite Industry denounces UNIDROIT Protocol". Satellite Industry Association (Press release). SpaceRef.com. 9 March 2012. Retrieved 11 March 2012.
  9. ^ "STUDY LXXII K – DEVELOPMENT OF A FOURTH PROTOCOL TO THE CAPE TOWN CONVENTION ON MATTERS SPECIFIC TO MINING, AGRICULTURAL AND CONSTRUCTION EQUIPMENT". UNIDROIT. Retrieved 21 September 2018.
  10. ^ "Secretary Michael R. Pompeo at the Mining, Agriculture, and Construction Protocol Signing Ceremony". United States Department of State. Retrieved 17 December 2020.

External linksEdit

Aircraft Protocol
Luxembourg Rail Protocol