CONGO BRAZZAVILLE Law and Practice Contributed by: Claudy Monja and Sarah Razafindrafito, John W Ffooks & Co
2.5 Insurance and Reinsurance 2.5.1 Requirement to Engage Domestic Insurance Companies Any aircraft that carries out services within, or flies over, the territory of the Republic of Congo is required to take out an insurance policy against damages that could be caused to third parties, passengers, luggage and cargo, regardless of whether the aircraft is regis - tered in the Republic of Congo or abroad. The Civil Aviation Code further provides that insurance must be taken out from an approved insurance com - pany located in the Republic of Congo when the air - craft is registered in the Republic of Congo. However, when the aircraft is registered outside the Republic of Congo, the insurance can be taken with a foreign insurance company duly approved in its country of origin. Based on the above, either all or part of the insurance should be placed with domestic insurance compa - nies when the aircraft is registered in the Republic of Congo. 2.5.2 Mandatory Insurance Coverage Requirements Under Congolese legislation, an aircraft must be insured with respect to the operator’s liability for dam - ages caused to third parties, passengers, luggage and cargo. The insurance covering liability of the operator must not be less than the operator’s limits of liability pro - vided under the Civil Aviation Code. 2.5.3 Placement of Insurance Outside of Jurisdiction The law is silent on whether reinsurances can be placed outside the Republic of Congo for up to 100% coverage. 2.5.4 Enforceability of “Cut-Through” Clauses The law is silent on the enforceability of “cut-through” clauses; however, it is understood that they are allowed in practice.
2.4.2 Effects of Leasing on the Residence of a Foreign Lessor A foreign lessor would not be deemed to be a resident as a result of its being a party to, or its enforcement of, the lease. 2.4.3 Engine Maintenance and Operations Under Congolese law, aircraft and engine mainte - nance must be carried out by maintenance organisa - tions approved by the ANAC. While such organisations are responsible for mainte - nance in accordance with regulatory standards, the operator of the aircraft, typically the lessee, is liable for ensuring that the aircraft is maintained in an airworthy condition. Where the lessor retains operational control, it will bear liability. In the case of a foreign lessor that retains technical control of an aircraft and direction of the crew, the lessor will also be considered as the opera - tor of the aircraft and should be insured for this liability in a manner satisfactory to the ANAC in relation to the category of aircraft operated. 2.4.4 Damage or Loss Caused by an Asset Whichever party retains technical control of an air - craft and direction of its crew is considered to be the operator of the aircraft and is held responsible for the operation of the aircraft. As such, this party is liable for damages (eg, damages caused to persons and the property of third parties by the movement of the aircraft or by persons or objects falling from it). 2.4.5 Attachment by Creditors Seizure in private interest can only be carried out for the benefit of a creditor of the owner or the holder of an interest in the aircraft. 2.4.6 Priority of Third Parties’ Rights Creditors and beneficiaries of mortgages over aircraft may take priority over a lessor’s rights under an air - craft or engine lease in accordance with the rank of registration of the mortgage on the Aircraft Register.
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