SENEGAL Law and Practice Contributed by: Claudy Monja and Mampionona Razafimamonjy, John W Ffooks & Co
the related Protocol on Matters Specific to Aircraft Equipment (the ”Protocol”) are in force in Senegal. The authorised entry point codes are not required for registering international interests. In Senegal, only the ANACIM is authorised to register international inter - ests. It is up to the lessor to carry out the formalities of registration of the interests in Cape Town and, if the aircraft is registered in Senegal, the lessor will carry out the formalities of registration in the local register in Senegal. The fees to be paid are defined by Decree No 2019– 1120, fixing the basis and rate of fees and products due for services rendered by the ANACIM – for more information, see 2.8.6 Costs, Fees and Taxes Relat- ing to Deregistration . There are no fixed deadlines for the processing of applications, but it does not take long to register in practice. Filing of documents in English is allowed. 2.10.2 Declarations Made Concerning Conventions It was under the 1944 Chicago Convention and the Cape Town Convention and Protocol that Senegal drew inspiration for its 2015 Civil Aviation Code. Any act or legal fact concerning an aircraft registered in Senegal must be registered in the Aircraft Register (eg, the leasing or charter of an aircraft or a component of an aircraft, transfer of ownership of an aircraft, and registration and deletion of a mortgage). 2.10.3 Application of Article XIII of the Protocol on Matters Specific to Aircraft Equipment Article XIII of the Protocol is applied domestically. An irrevocable deregistration and export request authori - sation (IDERA) is attached to the interests-registration form. This allows the ANACIM to prevent the aircraft from leaving Senegal. 2.10.4 Enforcement of Conventions Senegalese courts have little experience with the application of the Cape Town Convention or Proto - col because the parties to the international leasing contract insert a clause conferring jurisdiction on the
and the 1933 Rome Convention on the Unification of Certain Rules relating to the Precautionary Arrest of Aircraft. 3. Aircraft Debt Finance 3.1 Structuring 3.1.1 Restrictions on Lending and Borrowing There are no particular restrictions on foreign lenders financing an aircraft locally, or on borrowers using the loan proceeds. 3.1.2 Effect of Exchange Controls or Government Consents There are no exchange controls or government con - sents required in respect of financing or repatriation of realisation proceeds under a loan, guarantee or secu - rity document. Payment or debt repayment operations abroad are freely carried and are subject to certain restrictions set out in the foreign exchange regula - tions. 3.1.3 Granting of Security to Foreign Lenders Borrowers are permitted to grant security to foreign lenders in accordance with the provisions of the Uni - form Act on Securities. 3.1.4 Downstream, Upstream and Cross-Stream Guarantees Downstream, upstream and/or cross-stream guaran - tees are permitted under OHADA law. The registration is normally done in the Companies Registry (RCCM), except as otherwise specifically provided for aircraft (ie, the Aircraft Register within the ANACIM). 3.1.5 Lenders’ Share in Security Over Domestic SPVs It is not advisable for a lender to take share security over a domestic special-purpose vehicle (SPV) that owns the financed aircraft. A pledge of shares is per - mitted, however. 3.1.6 Negative Pledges A negative pledge is not recognised under OHADA law. However, the parties are free to organise one under the lease agreement.
courts of foreign countries. 2.10.5 Other Conventions
Senegal is a party to the 1948 Geneva Convention on the International Recognition of Rights in Aircraft
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