CÔTE D’IVOIRE Law and Practice Contributed by: Samirah Mogony and Mialy Solofohery, John W Ffooks & Co
1. Aircraft and Engine Purchase and Sale 1.1 Sales Agreements 1.1.1 Taxes/Duties Payable Upon Execution of the Sales Agreement The transfer of an aircraft or engine is subject to the payment of registration fees in Côte d’Ivoire. 1.1.2 Enforceability Against Domestic Parties For registration purposes, it is advisable that a sale agreement be translated into French by a sworn trans - lator. 1.2 Transfer of Ownership 1.2.1 Transferring Title Pursuant to the Civil Aviation Code, the sale agree - ment or the bill of sale and the registration of the sale with the Civil Aviation Registry constitute ownership title. The law is silent when it comes to ascertaining whether it includes all installed parts, such as an aux - iliary power unit (APU). However, the authors believe that in order to be included, the parts must be men - tioned in the sale agreement. Based on a strict reading of the Civil Aviation Code, the sale of the ownership interest in an entity that owns an aircraft or engine is not recognised as a sale of such aircraft or engine itself. 1.2.2 Sales Governed by English or New York Law The bill of sale may be governed by a foreign law (eg, English or New York law). It is advisable that the bill of sale be translated into French by a sworn translator. 1.2.3 Enforceability Against Domestic Parties For registration purposes in Côte d’Ivoire, it is advis - able that a sale agreement be translated into French by a sworn translator. 1.2.4 Registration, Filing and/or Consent From Government Entities Bills of sale should be registered with the Ivorian Civil Aviation Authority ( l’Autorité Nationale de l’Aviation Civile , or ANAC).
No government applications or consents are prerequi - site to the execution and delivery of a bill of sale in rela - tion to an aircraft or engine registered in Côte d’Ivoire. 1.2.5 Taxes/Duties Payable Upon Execution of a Bill of Sale The bill of sale is subject to the payment of a registra - tion fee at the tax office.
2. Aircraft and Engine Leasing 2.1 Overview 2.1.1 Non-Permissible Leases
The authors are not aware of any laws that would prohibit or permit any types of operating/wet/finance leases or leases concerning only engines or parts. 2.1.2 Application of Foreign Laws The courts in Côte d’Ivoire accept the right of the par - ties to a lease to choose a foreign law and submit to the jurisdiction of foreign courts, provided the applica - ble provisions of the English or New York law, as the case may be, would not be contrary to public order pursuant to any applicable law in Côte d’Ivoire. 2.1.3 Restrictions Concerning Payments in US Dollars No material restrictions are imposed on domestic les - sees making rent payments to foreign lessors in US dollars, subject to compliance with the exchange con - trol requirements. 2.1.4 Exchange Controls There are no specific exchange control provisions that could prevent rent payments under a lease or any repatriation of realisation proceeds. 2.1.5 Taxes/Duties Payable for Physical Execution of a Lease A lease is subject to the payment of a registration fee to the ANAC. 2.1.6 Licensing/Qualification of Lessors A lessor needs to be licensed or qualified in Côte d’Ivoire to do business with a domestic lessee.
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