SENEGAL Law and Practice Contributed by: Claudy Monja and Mampionona Razafimamonjy, John W Ffooks & Co
2.8.5 Aviation Authority’s Assurances It is not known whether the authority provides advance assurances to an aircraft owner, mortgagee or lessor as to the prompt deregistration of the aircraft. 2.8.6 Costs, Fees and Taxes Relating to Deregistration The deregistration of an aircraft is subject to payment of the following fees: • for an aircraft under 2.25 tonnes, the fees are XOF200,000 (approximately USD356); • for an aircraft from 2.25 to under 5.7 tonnes, the fees are XOF500,000 (approximately USD890); • for an aircraft from 5.7 to under 20 tonnes, the fees are XOF1 million (approximately USD1,780); and • for an aircraft over 20 tonnes, the fees are XOF2 million (approximately USD3,559). 2.8.7 Deregistration Power of Attorney A deregistration power of attorney (DPOA) is recog - nised in Senegal. It would be advisable for a DPOA to be translated into French and notarised or legalised to make it enforceable against a domestic party. 2.8.8 Documents Required to Enforce Deregistration Power of Attorney No additional documents are required to enforce a deregistration power of attorney. 2.8.9 Choice of Laws Governing Deregistration Power of Attorney A deregistration power of attorney is governed by Senegalese law. 2.8.10 Revocation of a Deregistration Power of Attorney It would be difficult to revoke an irrevocable power of attorney in practice. 2.8.11 Owner’s/Lessor’s Consent It would be advisable to get the lessee’s consent in order for an aircraft owner, mortgagee or lessor to export an aircraft, and to get the owner’s or lessor’s consent for a mortgagee to export the aircraft. The letter of the law does not stipulate whether the asset needs to be located in Senegal at the time of deregis - tration and/or export, or whether an owner, mortgagee
or lessor, at the time of negotiating the lease or mort - gage (as applicable), can take any steps to increase the likelihood that it will be able to export the aircraft without the lessee’s consent. 2.8.12 Aircraft Export Permits/Licences Aircraft export permits/licences are issued in Senegal. The owner of an aircraft or its representative must submit an application for a certificate in a form pre - scribed by the ANACIM with the following documents: • airframe; • engine and propeller logbooks and clearance cer - tificates; • logbooks; and • export certificate of airworthiness. 2.8.13 Costs, Fees and Taxes Concerning Export of Aircraft The letter of the law is silent on any costs/fees/taxes that are charged in respect of the export of an aircraft. 2.8.14 Practical Issues Related to Deregistration of Aircraft There are no known significant practical issues that an aircraft owner or mortgagee or lessor should be aware of in respect of the deregistration of an aircraft. 2.9 Insolvency Proceedings 2.9.1 Overview of Relevant Laws and Statutory Regimes Governing Restructurings, Reorganisations, Insolvencies and Liquidations A lessee domiciled in Senegal should acknowledge the following pertinent laws and statutory regimes. Senegal is a member of the regional organisations WAEMU and OHADA, and some regulations of those organisations are applicable on a principal or acces - sory basis, in compliance with national legislation on leases. The types of lease contracts used in Senegal and within WAEMU are affrètement , location and crédit bail . These contracts are governed by: • the OHADA Uniform Act on General Commercial Law (adopted in 2010);
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