CONGO BRAZZAVILLE Law and Practice Contributed by: Claudy Monja and Sarah Razafindrafito, John W Ffooks & Co
2.8 Aircraft Deregistration and Export 2.8.1 Deregistering Aircraft in This Jurisdiction An aircraft may be deregistered by its owner or the ANAC. The deregistration is achieved before the ANAC and consists of filing an application form at the ANAC. 2.8.2 Lessee’s/Operator’s Consent The consent of the lessee or the operator would be required for the deregistration of the aircraft. 2.8.3 Required Documentation The registration certificate as well as the identity plate/ card of the aircraft are required for deregistration. The following documents may also be required: • a certificate of airworthiness; • a deed of release in the case of a mortgage; and • a statement of non-opposition duly executed by the lessee. 2.8.4 Duration of Deregistration Process The law is silent on how long the deregistration pro - cess would typically take. Note that administrative delays are not uncommon in the Republic of Congo. 2.8.5 Aviation Authority’s Assurances The authors are not aware of any advance assurances to an aircraft owner, mortgagee or lessor as to the prompt deregistration of the aircraft provided by the Civil Aviation Authority. 2.8.6 Costs, Fees and Taxes Relating to Deregistration The deregistration of an aircraft may be subject to payment of the following fees: • XAF340,000 (approximately USD609); and • XAF85,000 (approximately USD152) to obtain a certificate of deregistration. 2.8.7 Deregistration Power of Attorney A deregistration power of attorney should be recog - nised in the Republic of Congo. It would be advis - able to have such power translated and notarised or legalised, to be enforceable against a domestic party.
2.6.13 Other Relevant Issues There are no additional issues that a lessor should be aware of in relation to the enforcement of its rights. 2.7 Lease Assignment/Novation 2.7.1 Recognition of the Concepts of Contractual Assignment and Novation The Republic of Congo recognises the concept of contractual assignment and novation. 2.7.2 Assignment/Novation of Leases Under Foreign Laws From a practical perspective, it is understood that an assignment/novation of an aircraft and/or an engine lease agreement under foreign laws would be held valid by a domestic court. The requirement of the les - see’s consent would depend on the governing law of the lease agreement. Under Congolese law, consent is required in such circumstances. The authors are not aware of any mandatory terms under Congolese law to be included in such agreement/deed. 2.7.3 Enforceability of Lease Assignments/ Novations It would be advisable for an aircraft and/or engine lease assignment and assumption/novation to be translated into French and notarised or legalised in order to be enforceable against a domestic party. 2.7.4 Filing/Registration of Lease Assignments/ Novations See 2.3.4 Registration of Leases With the Domestic Aircraft Registry . 2.7.5 Taxes/Duties Payable on Assignment/ Novation Such assignment and assumption/novation agree - ment could potentially be subject to registration at the tax authority. 2.7.6 Recognition of Transfer of Ownership Interests The law is silent on the recognition of transfer of own - ership.
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