CÔTE D’IVOIRE Law and Practice Contributed by: Samirah Mogony and Mialy Solofohery, John W Ffooks & Co
2.2.5 Recognition of the Concepts of Trust/Trustee Ivorian law does not expressly discuss such concepts. 2.3 Lease Registration 2.3.1 Notation of Owner’s/Lessor’s Interests on Aircraft Register The law is not entirely clear on this point. However, based on the authors’ interpretation of the law, the interests of the owner or a lessor of an aircraft may be noted on the Aircraft Register. 2.3.2 Registration If the Owner Is Different From the Operator Based on the Civil Aviation Code, aircraft may only be registered in the name of the owner. In all cases, if the owner is different from the operator, the certificate of registration of the aircraft will clearly identify which is the owner and which is the operator of the aircraft. 2.3.3 Aircraft/Engine-Specific Registers There is no specific register for leases concerning air - craft or engines. Leases are registered with the ANAC. 2.3.4 Registration of Leases With the Domestic Aircraft Registry Pursuant to the Civil Aviation Code, any lease of an aircraft for a period of three months or more must be registered with the ANAC. The use of the leased aircraft is subject to the prior approval of the ANAC. Briefly, the lessee must file an application for approval within the 60 days prior to the use of the aircraft. The application letter needs to be filed with: • a copy of the executed lease agreement; • information on the registered owner, the lessor and the lessee; • a description of the aircraft; • the duration of the lease; • the country of registration, nationality and trade mark registration; and • information on airworthiness. There is no specific timeframe for completion. In the event of failing to register the lease, the minister in charge of civil aviation may pronounce the suspension or withdrawal of the licences of the lessee. The ANAC may also impose administrative fines.
The lease of a foreign-registered aircraft by an Ivorian- based entity is subject to the prior approval of the ANAC. 2.2 Lease Terms 2.2.1 Mandatory Terms for Leases Governed by English or New York Law Any lease governed by English or New York law must contain the following information: • the type, model and serial number of the aircraft; • the name and address of the registered owner; • the type of lease (dry lease, wet lease, damp lease); • the name of the country of registration, nationality and trade mark registration; • an airworthiness certificate and declaration by the aviation authority of the country of registration stat - ing that the aircraft is in compliance with the rules of airworthiness of the country of registration; • details of the lessee; • the duration of the lease; • a statement specifying the party liable for the con - trol and airworthiness of the aircraft; • places of use of the aircraft; and • information on the airworthiness status of the air- craft during the last five years of use (including any accidents). The Civil Aviation Code provides that when the dura - tion of the lease is more than six months, the agree - ment must be registered with the ANAC. Based on this mandatory requirement, the parties may consider inserting a provision under which the aircraft will be registered under such conditions. 2.2.2 Tax and Withholding Gross-Up Provisions Such provisions are accepted under Ivorian law. 2.2.3 Parts Installed or Replaced After a Lease’s Execution The law is silent on whether a lease can cover parts that are installed or replaced on an aircraft or engine after a lease’s execution. 2.2.4 Risk of Title Annexation The law is silent on the risk of title annexation in respect of aircraft engines installed on an airframe.
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