RWANDA Law and Practice Contributed by: Jean Pierre Kesteloot and Penina Ngabire, Liedekerke Great Lakes
• the official names and addresses of the parties; • the duration of the lease; • detailed information on each aircraft involved in the agreement (make, model, series and registration numbers); • an explanation of the type of operations that will be conducted by the lessee; and • an explanation of which party has the responsibility and authority for operational control, maintenance, insurance, etc. 2.2.2 Tax and Withholding Gross-Up Provisions Tax and withholding gross-up provisions are permis - sible and enforceable. 2.2.3 Parts Installed or Replaced After a Lease’s Execution A lease can cover parts that are installed or replaced on an aircraft or engine after its execution. All that is required is that this is clearly stated in the lease agreement. 2.2.4 Risk of Title Annexation There is a risk of title annexation in respect of aircraft engines installed on an airframe if the aircraft engines are not clearly indicated as separate parts from the aircraft itself. 2.2.5 Recognition of the Concepts of Trust/Trustee The concept of a trust and the role of an owner trustee under a lease are recognised under Rwandan law. 2.3 Lease Registration 2.3.1 Notation of Owner’s/Lessor’s Interests on Aircraft Register Interests of the owner or the lessor of an aircraft are not noted in the Aircraft Register. They can be noted either in the national system for recording interest in any aircraft or aircraft engine register in Rwanda (the “National Register for Interests in Aircraft”) or in the International Registry pursuant to the Cape Town Convention (the ”International Registry”). In practice, it is advisable to register the interests in the National Register for Interests in Aircraft. However, if the owner or the lessor so wishes, RCAA can be used as a conduit for transmitting the required infor - mation to the International Registry. Registration of
interests establishes the priority of right or interest in an aircraft or an aircraft engine. 2.3.2 Registration If the Owner Is Different From the Operator An operator can register an interest only if they are an owner whereas an owner does not also have to be an operator to register an interest. 2.3.3 Aircraft/Engine-Specific Registers Leased aircraft are registered in the Aircraft Regis - ter. However, the lease agreement and the lessor’s interests are registered in the National Register for Interests in Aircraft and/or in the International Registry. 2.3.4 Registration of Leases With the Domestic Aircraft Registry Registration of Leases A lease, and a lessor’s interest therein, can be regis - tered and will be registered in the National Register for Interests in Aircraft and/or in the International Registry. The parties must provide the RCAA with at least: • a complete certified copy of the lease agreement; and • an operator analysis showing how the lease agree - ment conforms with the Rwanda Civil Aviation Regulations (RCAR). Depending on the type of lease other documents must also be submitted. Estimated Period for Completion Once the required documentation has been submit - ted, the RCAA will issue its decision within two to 45 working days, depending on the type of lease. Consequence of the Registration Registration of the lease establishes the priority of interest in the aircraft or engine. Prior Authorisation From Government Entities All lease agreements must be submitted to the Flight Safety Services (FSS) for approval. Approval is a pre - requisite to the execution and delivery of an aircraft in Rwanda.
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