CÔTE D’IVOIRE Law and Practice Contributed by: Samirah Mogony and Mialy Solofohery, John W Ffooks & Co
2.6.11 Lessees’ Entitlement to Claim Immunity A lessee is not entitled to claim sovereign or other immunity from suit, unless the lessee is the Ivorian state. 2.6.12 Enforcement of Foreign Arbitral Decisions Côte d’Ivoire has adopted the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) and the national courts recognise and enforce arbitral decisions. 2.6.13 Other Relevant Issues There are no other relevant issues of which a lessor should be aware 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 There is no prohibition under the relevant law pertain - ing to the concepts of contractual assignment and novation. 2.7.2 Assignment/Novation of Leases Under Foreign Laws A domestic court would uphold the agreement should a lessor transferring its rights under an aircraft lease assign or novate its rights under such lease to a new lessor pursuant to a New York or English law- governed assignment and assumption agreement or novation agreement. The requirement of the lessee’s consent would depend on the governing law of the lease agreement and the assignment/novation agree - ment. The authors are not aware of any mandatory terms under Ivorian law to be included in such agree - ment/deed. 2.7.3 Enforceability of Lease Assignments/ Novations It is advisable for an aircraft and/or engine lease assignment and assumption/novation to be trans - lated into French (if in another language) and certi - fied, notarised or legalised to be enforceable against a domestic party.
2.7.4 Filing/Registration of Lease Assignments/ Novations The law is silent on the requirement to file or register lease assignments. However, if the initial lease was subject to registration with the ANAC, assignments/ novations of such lease should also be registered with the ANAC. No government applications or consents are prerequi - site to the execution and delivery of an aircraft and/or engine lease assignment and assumption/novation in relation to an aircraft registered domestically. 2.7.5 Taxes/Duties Payable on Assignment/ Novation Such assignment and assumption/novation agree - ment may be subject to the payment of registration fees. 2.7.6 Recognition of Transfer of Ownership Interests If the ownership interest of an entity (or the benefi - cial interest in a trust) owning an aircraft is transferred (with the legal title to the asset remaining with that entity), such transfer would not be considered per se as a transfer of ownership of the aircraft. 2.8 Aircraft Deregistration and Export 2.8.1 Deregistering Aircraft in This Jurisdiction An aircraft can be deregistered by the aircraft’s regis - tered owner or the owner’s authorised representative. The registered owner must notify the ANAC in writing of the reasons for deregistration and fill in a form that must be signed by the owner or its representative. Deregistration of a lease can also be done at the request of the lessee if the latter brings evidence of The aircraft owner or the lessor can apply for the deregistration of the aircraft without the lessee’s or operator’s consent. 2.8.3 Required Documentation The following documents must be provided to dereg - ister an aircraft: the expiry or termination of the lease. 2.8.2 Lessee’s/Operator’s Consent
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