SENEGAL Law and Practice Contributed by: Claudy Monja and Mampionona Razafimamonjy, John W Ffooks & Co
2.5 Insurance and Reinsurance 2.5.1 Requirement to Engage Domestic Insurance Companies Under the letter of the law, every aircraft operator is required to maintain an insurance policy; however, it does not specify whether the insurance should be placed with domestic insurance companies. 2.5.2 Mandatory Insurance Coverage Requirements Under the letter of the law, the aircraft operator is required to maintain an insurance policy covering civil liability for accidents or damage to passengers, flight crew, baggage, cargo, mail and third parties on the surface, in accordance with the provisions of interna - tional conventions. 2.5.3 Placement of Insurance Outside of Jurisdiction The letter of the law is silent on whether reinsurances can be placed outside the jurisdiction of Senegal up to 100% coverage. However, in practice, the authors understand that reinsurances can be provided in full by a reinsurance company outside of the jurisdiction of Senegal. 2.5.4 Enforceability of “Cut-Through” Clauses The letter of the law is silent on whether “cut-through” clauses in the insurance/reinsurance documents are enforceable. The prevailing view is that this is allowed in practice. 2.5.5 Assignment of Insurance/Reinsurance Assignments of insurances/reinsurances are permit - ted. 2.6 Lease Enforcement 2.6.1 Restrictions on Lessors’ Abilities There are no known restrictions on a lessor’s ability to:
nance Control Manual describing the aircraft’s con - tinuing airworthiness-management procedures and will take into account any comments from the state of operation; any maintenance organisation required to carry out work on the aircraft must be approved/ validated by the Civil Aviation Authority. Furthermore, in the case of an aircraft registered in Senegal and operated under a leasing agreement by an operator whose principal place of business is in another contracting state, the state of Senegal may transfer to the contracting state all or part of the func - tions and duties with respect to the leased aircraft, in its capacity as the state of registry. The state of Senegal will be relieved of all liability in respect of the functions and duties transferred. The registration of a lease or charter with the ANACIM remains an optional operation. However, it is in the interest of the owner (eg, a lessor) of the aircraft to have this operation registered, since registration in the Aircraft Register releases the owner from liability to third parties. 2.4.4 Damage or Loss Caused by an Asset See 2.4.3 Engine Maintenance and Operations . 2.4.5 Attachment by Creditors Seizure in a private interest is carried out for the ben - efit of a creditor of either the owner or the holder of an interest in the aircraft. 2.4.6 Priority of Third Parties’ Rights Under local law, creditors with mortgages on aircraft can exercise their right of pursuit against whatever hands the aircraft passes through to be registered and paid in the order of its registration. The debtor against which the mortgage is taken must be registered in the Aircraft Register as the owner of the aircraft. If this is not the case, it is necessary to transfer the aircraft to the debtor prior to the registration of the mortgage. The Civil Aviation Authority will inform the applicant by email or by letter in the event of non-compliance.
• terminate an aircraft lease; • re-export the aircraft; and/or • sell the aircraft following that termination.
For a lease registered with the Aircraft Register, an application for deregistration of the lease must be made.
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