EGYPT Law and Practice Contributed by: Sherif El Hosseny, Malak El Amiry and Farida Degheidy, Matouk Bassiouny & Hennawy
cess, along with the representatives of the signatory parties acting under notarised and legalised powers of attorney. Registration Formalities In general, any document that will be submitted to an Egyptian authority or court of law for purposes of filing, registering, or enforcing same, must be trans - lated into Arabic. Such translation may be done by the translation department of the Ministry of Justice or by the translation department in the Ministry of Foreign Affairs. In particular, any documents that will be sub - mitted for notarisation, filing, registration or enforce - ment before the ECAA must be either in English or Arabic, but if they are in any other language, then they must be translated into English or Arabic. A lease agreement need not be in a specific form. However, in a sub-leasing structure, the head lease must expressly permit for the sub-leasing and must have a term not less than the sub-lease agreement. In general, where documents are required to be notarised for use, if notarised by a notary outside of Egypt, the document then needs to be legalised up to the level of the Egyptian Consulate/Embassy in the relevant country, which shall be followed by the authentication thereof by an Egyptian Foreign Ministry office in Cairo. This does not apply to leases since they must be filed with the ECAA. Egypt has not ratified the Hague Convention of 1961 Abolishing the Requirement of Legalisation for Public Documents. Egyptian law and regulations further provide an alter - native to the above. Parties to a certain transaction could, by virtue of powers of attorney, appoint attor - neys to represent them before the ECAA. Said powers of attorney will require notarisation and legalisation up to the level of the Egyptian Consulate in the country of issuance to be followed by authentication by an Egyptian Foreign Ministry office in Cairo. Prerequisites to Execution/Delivery of a Lease As a matter of practice, the operator/lessee submits the following:
• an application reserving the registration marks of an aircraft for a fee of EGP10,000; and • an application for the registration of the aircraft in the Aircraft Register for a fee of EGP25,000. The lessee or the owner representative may submit the applications for the registration of the relevant lease and any accompanying documents. Govern - ment fees depend on what the requirements are, as they may vary. As a prerequisite to filing any aircraft lease agreement (but not an engine lease agreement), the lessee or the owner must provide a notarised and legalised certified true copy (or original) bill of sale of the aircraft up to the level of the Egyptian Consulate/Embassy in the country of issuance or have the bill of sale filed with the ECAA. 2.3.5 Requirements for a Lease to Be Valid and Registrable See 2.3.4 Registration of Leases With the Domestic Aircraft Registry . In practice, the ECAA sometimes requests an Arabic translation, even of English docu - ments, for guidance. 2.3.6 Taxes/Duties Payable for Registering a Lease See 2.1.5 Taxes/Duties Payable for Physical Execu- tion of a Lease . 2.3.7 Registration of Aircraft in Alternative Countries Aircraft that are habitually based in Egypt are typically registered. Anything to the contrary is dealt with on a case-by-case basis and subject to the approval of the Ministry of Civil Aviation. 2.3.8 Requirements for Documents Concerning Registration See 2.3.4 Registration of Leases With the Domestic Aircraft Registry and 2.3.5 Requirements for a Lease to Be Valid and Registrable . The ECAA reviews any document before having it filed with the ECAA. For any document to be admissible, it must be either (i) filed with the ECAA or (ii) deposited with the ECAA
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