SENEGAL Law and Practice Contributed by: Claudy Monja and Mampionona Razafimamonjy, John W Ffooks & Co
See 2.3.4 Registration of Leases With the Domestic Aircraft Registry . 2.7.5 Taxes/Duties Payable on Assignment/ Novation Any such assignment and assumption/novation agreement could potentially be subject to a registra - tion fee with the tax authority. 2.7.6 Recognition of Transfer of Ownership Interests Transfer of ownership interests would not be consid - ered per se as a transfer of ownership of the aircraft. 2.8 Aircraft Deregistration and Export 2.8.1 Deregistering Aircraft in This Jurisdiction In Senegal, only the following people can deregister an aircraft: • the managing director of the ANACIM; and • the owner (if the applicant is not the owner, they should provide proof of the mandate). In order to achieve this deregistration, (i) the appli - cation must be made in a form prescribed by the ANACIM; and (ii) the applicant must pay the pre - scribed fees. 2.8.2 Lessee’s/Operator’s Consent The consent of the lessee or operator is required for deregistration of the aircraft. 2.8.3 Required Documentation The owner has to provide the following documents to deregister the aircraft: • an application made on a form prescribed by the ANACIM; • the original certificate of registration; • a certificate of airworthiness; • an aircraft station licence; and • a noise certificate, if applicable. 2.8.4 Duration of Deregistration Process The letter of the law is silent on how long the deregis - tration process can take.
act or in the case of non-payment of the route fee as provided for in Article 101 of the Civil Aviation Code. 2.6.12 Enforcement of Foreign Arbitral Decisions Senegal has adopted the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”). 2.6.13 Other Relevant Issues There are no other relevant issues that a lessor should be aware of 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 Senegal has recognised the concepts of contractual assignment and novation. 2.7.2 Assignment/Novation of Leases Under Foreign Laws Agreements governed by New York or English law would be held valid by a Senegalese court. The con - sent of the lessee depends on the governing law of the lease agreement and the assignment or nova - tion agreement. Under Senegalese law, consent is required in such circumstances. There are no known mandatory terms that Senegal requires to be included in such an agreement or deed. 2.7.3 Enforceability of Lease Assignments/ Novations It would be advisable for an aircraft and/or engine lease assignment and assumption/novation to be translated into French and notarised or legalised, in order to be enforceable against a domestic party. It is worth noting that the ANACIM may accept the filing of documents in English. 2.7.4 Filing/Registration of Lease Assignments/ Novations The lease assignment must be evidenced in writing and is only effective against third parties by registra - tion with the Aircraft Register. The application on the registration must be made in a form prescribed by the ANACIM. The letter of the law is silent when it comes to the estimated period for completion.
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