RWANDA Law and Practice Contributed by: Jean Pierre Kesteloot and Penina Ngabire, Liedekerke Great Lakes
3.3.4 Statutory Rights of Detention or Non- Consensual Preferential Liens Statutory rights of detention and non-consensual preferential liens can arise over an aircraft and/or on a “fleet-wide” basis. 3.3.5 Verification of an Aircraft’s Freedom From Encumbrances A third party, such as a potential purchaser of an air - craft, may access the content of the National Regis - ter for Interests in Aircraft by filing a request with the RCAA. 3.4 Enforcement 3.4.1 Differences Between Enforcing Security Assignments, Loans and Guarantees There are no relevant differences in enforcing a secu - rity assignment as opposed to a loan or a guarantee in Rwanda. 3.4.2 Security Trustees’ Enforcement of Their Rights If, under a security assignment, security is granted to a security trustee by a lessor in respect of its rights under an aircraft lease, that security trustee can enforce its rights under the security assignment pur - suant to a notice and acknowledgement executed by that lessor and the relevant lessee respectively in con - Rwandan courts will generally uphold a foreign law as the governing law of a finance or security document, and the submission to a foreign jurisdiction. 3.4.4 Recognition and Enforcement of Foreign Judgments and Arbitral Awards Rwandan courts will recognise and enforce a final judgment of a foreign court or an arbitral award with - out reviewing the merits of the matter. 3.4.5 Secured Parties’ Right to Take Possession of Aircraft A secured party can take physical possession of the aircraft in execution of a security or lease agreement without further consent required from the lessee. nection with the security assignment. 3.4.3 Application of Foreign Laws
3.4.6 Domestic Courts Competent to Decide on Enforcement Actions The commercial courts are competent to decide enforcement action in commercial aviation matters. 3.4.7 Summary Judgments or Other Relief A secured party can obtain an interim order pending final resolution of judicial proceedings if the matter is urgent. The order is generally issued between four and 17 days from the date of the registration of the application. The court may order the secured party to post a bond or provide a guarantee if it decides that the circum - stances so require. 3.4.8 Judgments in Foreign Currencies A secured party under a security agreement or aircraft mortgage can obtain a judgment in a foreign currency. 3.4.9 Taxes/Fees Payable There are no taxes or fees required from the secured party in connection with the enforcement of a security agreement or aircraft mortgage. 3.4.10 Other Relevant Issues There are no relevant or notable issues in relation to the enforcement of its rights. 4. Other Issues of Note 4.1 Issues Relevant to Domestic Purchase, Sale, Lease or Debt Finance of Aircraft Rwanda has recently implemented Article 83 bis of the Chicago Convention on International Civil Avia - tion of 1944 in its domestic legislation. As a result, the RCAA can now enter into agreements with the relevant foreign aviation authorities for the transfer of certain oversight responsibilities from the state of reg - istry to the state of the operator. 4.2 Current Legislative Proposals There are no known developments in the pipeline at the time of writing.
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