CÔTE D’IVOIRE Law and Practice Contributed by: Samirah Mogony and Mialy Solofohery, John W Ffooks & Co
2.3.5 Requirements for a Lease to Be Valid and Registrable The lease should be drafted in or translated into French for the purpose of registration at the ANAC. 2.3.6 Taxes/Duties Payable for Registering a Lease The registration of the lease is subject to the payment of registration fees. 2.3.7 Registration of Aircraft in Alternative Countries In Côte d’Ivoire, an aircraft can only be registered with the ANAC. An aircraft registered abroad may operate in Côte d’Ivoire for up to six months. If its use by an Ivorian operator extends beyond that period, it must be re-registered with the ANAC in Côte d’Ivoire, and once registered there, it cannot remain registered in another country. 2.3.8 Requirements for Documents Concerning Registration See 2.3.5 Requirements for a Lease to Be Valid and Registrable . 2.4 Lessor’s Liabilities 2.4.1 Tax Requirements for a Foreign Lessor If the lessor is incorporated in Côte d’Ivoire, the pay - ment of income taxes will be required. However, if the lessor is not incorporated in Côte d’Ivoire, withholding tax may be due. 2.4.2 Effects of Leasing on the Residence of a Foreign Lessor A foreign lessor would not be deemed to be resident or domiciled in Côte d’Ivoire as a result of its being party to, or enforcing, a lease there. However, as a party to the lease, it would be subject to taxes. 2.4.3 Engine Maintenance and Operations In the case of a dry lease, the lessee is liable for the control of the operation of the aircraft and the respon - sibilities resulting from such operation. In the case of a wet lease, the lessor carries out the control of the operation of the aircraft. The lessor is also liable for the supervision of the security of the aircraft.
2.4.4 Damage or Loss Caused by an Asset See 2.4.3 Engine Maintenance and Operations . 2.4.5 Attachment by Creditors The creditors of a domestic lessee are not permitted to attach an aircraft leased to it but owned by a dif - ferent entity. 2.4.6 Priority of Third Parties’ Rights The following creditors take priority over the lessor: • court fees in connection with the sale of the air - craft; • remuneration in relation to the rescue of the air - craft; • costs in relation to the conservation of the aircraft; • debts resulting from the contract of employment of the members of the crew and other persons employed in the on-board service; • royalties for the use of devices and aids to naviga - tion; and • landing as well as parking fees. 2.5 Insurance and Reinsurance 2.5.1 Requirement to Engage Domestic Insurance Companies There is no provision under the law which requires that all or part of the insurances be placed with domestic insurance companies. 2.5.2 Mandatory Insurance Coverage Requirements Organisations responsible for the operation and man - agement of air navigation services in Côte d’Ivoire are required to subscribe to an “air navigation” insurance policy. All aircraft operators are required to take out a policy covering their civil liability in the event of an accident, in particular with regard to flight personnel, passengers, luggage, cargo, mail and third parties. 2.5.3 Placement of Insurance Outside of Jurisdiction Insurances can be placed outside Côte d’Ivoire for up to 100% coverage. 2.5.4 Enforceability of “Cut-Through” Clauses The law is silent on the issue of “cut-through” clauses.
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