Frequently Asked Questions

DISCLAIMER

These FAQs and Answers do not provide legal advice or any other form of advice, but are designed to give a basic overview of how to use the International Registry. The International Registry is a complex system and these FAQs do not seek to comprehensively cover all aspects of the system's functionality or the consequences and considerations surrounding its use. You should seek your own advice and refer to the Convention, Protocol, Regulations and Procedures for further information as well as considerations and consequences surrounding system use. Aviareto is providing this information pursuant to the Terms and Conditions of Use and Aviareto is not making any representation or warranty, express or implied about the accuracy or comprehensiveness of this information, nor shall it have any legal obligation or liability whatsoever relating to the provision of the same. This information is liable to change from time to time without notice to you and you should check the International Registry to obtain the latest version.

GENERAL

1. WHAT IS THE INTERNATIONAL REGISTRY?

The International Registry of Mobile Assets provides a means to establish the priority of interests in airframes, aircraft engines and helicopters. The International Registry permits individuals and organisations to register financial interests in assets using the following information:

  1. Manufacturer's name
  2. Model Designator
  3. Manufacturer's serial number

Its role is to electronically record international interests in aircraft objects, for the purpose of establishing the priority of those interests.

The Registry operates under the legal framework of the Cape Town Convention and the Aircraft Protocol adopted on the 16th of November 2001 at Cape Town, which provides for the registration and protection of International Interests that are recognised by all ratifying states, with priority being determined on a First-to-File basis.

Registration of interests in existing assets serves as a notification mechanism to the User community and is considered to be best practice for owners and agents to protect their financial interest in an asset. For a full description of the legal protections provided by the Convention, please refer to the text of the Cape Town Convention and the Aircraft Protocol and Prof. Sir Roy Goode's Official Commentary, available from UNIDROIT.


2. WHAT ARE THE BENEFITS OF THE CAPE TOWN CONVENTION?

The Cape Town Convention, together with the Aircraft Protocol, creates an international legal framework for creating, registering, enforcing, and determining the priority of security and other interests in aircraft equipment. The Convention also sets out a number of default remedies for creditors, including in the context of the insolvency of a debtor.

In doing so, the Convention seeks to reduce the credit risk for lenders in respect of providing credit for aircraft objects. By reducing the risks for lenders, the Convention seeks to reduce the cost of credit, and promote the availability of credit within the industry.

Essential to this legal framework, the International Registry of Mobile Assets was established for recording and determining priority of interests in aircraft objects.

In addition to the above, the Cape Town Convention also provides economic benefits. This includes a discount on the premium rate offered by Export Credit Agencies under the OECD Aircraft Sector Understanding 2011. The discount is available where an operator is based in a Contracting State which has made certain qualifying declarations. The Aviation Working Group website (www.awg.aero) contains further information and studies on the economic benefits of ratification of the Cape Town Convention, and Aircraft Protocol.

Transactions financed through the Capital Markets are likely to attract a lower interest rate where the OECD 'qualifying declarations' have been made and fully implemented.


3. WHEN DOES THE CAPE TOWN CONVENTION APPLY?

The Cape Town Convention applies to your transaction if -

  1. The Aircraft is registered in a Contracting State (Except for engines), or
  2. The Debtor is situated in a Contracting State

The Debtor is situated in a Contracting State when it:

  1. is incorporated or formed in a Contracting State
  2. has it's registered office or statutory seat in a Contracting State
  3. has it's centre of administration in a Contracting State

Please note that the above explanation is a very simple treatment of a very complex area and you should do further research. There are other requirements such as that the agreement must be in writing etc.


4. DO I HAVE TO JOIN THE INTERNATIONAL REGISTRY?

If you wish to perform searches you do not need an account and can search as a Guest. If you wish to register or consent to a registration you will need to apply and become an approved user of the Registry.


5. WHAT COUNTRIES HAVE RATIFIED?

As of 14th August 2018, the following countries and regional economic organisations have ratified or acceded to the Convention.

Afghanistan, Albania, Angola, Argentina, Australia, Bahrain, Bangladesh, Belarus, Bhutan, Brazil, Burkina Faso, Cameroon, Canada, Cape Verde, China, Colombia, Congo, Costa Rica (effective 1st December 2018), Cuba, Côte d’Ivoire, Democratic Republic of the Congo,  Denmark, Egypt, Ethiopia, European Community, Fiji, Gabon, India, Indonesia, Ireland, Jordan, Kazakhstan, Kenya, Kuwait, Latvia, Luxembourg, Madagascar, Malawi, Malaysia, Malta, Mexico, Mongolia, Mozambique, Myanmar, Namibia (effective 1st November 2018), New Zealand, Nigeria, Norway, Oman, Pakistan, Panama, the Republic of Moldova, Romania, the Republic of San Marino, Russian Federation, Rwanda, Saudi Arabia, Senegal, Seychelles, Sierra Leone, Singapore, South Africa, Spain, Sweden, Syrian Arab Republic, The Kingdom of Swaziland, The Kingdom of the Netherlands, Tajikistan, Togo, Turkey, Ukraine, United Republic of Tanzania, United States of America, United Arab Emirates, United Kingdom, Uzbekistan, the Socialist Republic of Viet Nam, Zimbabwe.

Of these seventy-eight, four have not ratified the Aircraft Protocol. These are Seychelles, Syrian Arab Republic, the Republic of Moldova and Zimbabwe.

The Kingdom of the Netherlands comprises of several territorial units, the structure of which has changed recently. Further research may be required by you. Pursuant to Article 52, paragraph 1, of the Convention and Article XXIX of the Protocol, the Kingdom of the Netherlands declares that the Convention and the Protocol are to apply to the following territorial units, the Netherlands Antilles and Aruba. Please consult UNIDROIT website (www.unidroit.org) and your legal advisors or both if your query relates to any of the following territories: the Kingdom of the Netherlands, the Netherlands Antilles, Aruba, Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba), European part of the Netherlands, Curacao and Sint Maarten.

The Kingdom of the Netherlands comprises of several territorial units, the structure of which has changed recently. Further research may be required by you. Pursuant to Article 52, paragraph 1, of the Convention and Article XXIX of the Protocol, the Kingdom of the Netherlands declares that the Convention and the Protocol are to apply to the following territorial units, the Netherlands Antilles and Aruba. Please consult UNIDROIT website (www.unidroit.org) and your legal advisors or both if your query relates to any of the following territories: the Kingdom of the Netherlands, the Netherlands Antilles, Aruba, Caribbean part of the Netherlands (the islands of Bonaire, Sint Eustatius and Saba), European part of the Netherlands, Curacao and Sint Maarten.

Pursuant to Article 52 of the Convention and Article XXIX of the Protocol, the United Kingdom of Great Britain and Northern Ireland declares that the United Kingdom’s Ratification shall be extended to the Island of Guernsey, the Cayman Islands and Gibraltar. In a subsequent declaration the United Kingdom’s Ratification was also extended to Bermuda and the Isle of Man. The United Kingdom’s Instruments of Ratification and subsequent declarations are available on the International Registry website and contain further information regarding the applicability of the Convention and Protocol to these territories.

Pursuant to Article 52 of the Convention and Article XXIX of the Protocol, the Kingdom of Denmark declares that until further decision, the Convention will not apply to the Faroe Islands and Greenland.

Article 54(2) of the Cape Town Convention requires that a Contracting State, at the time of its accession to a Protocol, must make the declaration specified in that Article. Costa Rica did not make a declaration under Article 54(2) at the time of the deposit of its Instrument of Accession on 26 August 2011. UNIDROIT was therefore not able to accept the deposit of the Instrument of Accession to the extent that the instrument relates to the Aircraft Protocol. Subsequently on 8 August 2018, the Government of the Republic of Costa Rica deposited its declaration under Article 54(2) of the Cape Town Convention, thus permitting Unidroit to accept the deposit of the instrument of accession in respect of the Protocol to the Convention. 

The UNIDROIT website is an excellent source of information on the status of ratifications, declarations and designations and may be consulted for free.


6. WHAT IS AN AUTHORISATION CODE (AEP CODE)?

See the section 12 of the Regulations for a detailed explanation of Entry Points including Authorising Entry Points or AEPs.

An AEP code is a code provided by an Authorising Entry Point and must be entered at time of registration where the registration is to be made on an airframe or helicopter for which the state is the state of registry or has taken regulatory steps to so become.

Currently, Mexico, China, Albania, the United Arab Emirates, the USA, Brazil, the Ukraine, Viet Nam, Spain and Argentina have elected to implement AEP codes. So, if your airframe or helicopter is registered in one of these states, you must get a code from their designated AEP before making a registration with the International Registry. Some exemptions exist as noted in Regulation 12.8.

The AEPs for each state are now listed:

USA:

For the USA, the AEP code is provided by the FAA - please see link below:

http://www.faa.gov/documentLibrary/media/Form/AC8050-135.pdf for further information.

Mexico:

For Mexico, the AEP code is provided by the Mexican Aeronautical Record:
 Mexican Aeronautical Record
 Blvd. Adolfo López Mateos #1990,
 Col. Los Alpes Tlacopac, Delegación Álvaro Obregón,
 Ciudad de México, C.P. 01010
 Contact: Jose Omar Hernandez Solano
 Tel: +52 (55) 5723-9300 ext: 18113 or 18111
 Email: jhernsol@sct.gob.mx

China:

For China, the AEP code is provided by the Civil Aviation Administration of China
 Civil Aviation Administration of China
 Department of Policy, Law and Regulation, Room 319
 155 Dongsi St. West,
 Beijing,
 China
 Post code: 100710
 Tel: +86 10 64091369
 Fax: +86 10 64016854

Albania:

For Albania, the AEP code is provided by the Albania Civil Aviation Authority
 Albania Civil Aviation Authority
 Rruga Muhamet Gjollesha,
 Prane Parkut te Delegacioneve PO BOX 205
 Albania
 Contact: Feliks Baci
 Tel: +355682020455
 Email: feliks.baci@dgca.gov.al

United Arab Emirates:

For the United Arab Emirates, the AEP code is provided by the General Civil Aviation Authority for the UAE.
 Head Aircraft Registry Unit
 Policy, Regulation and Planning for Safety Affairs Department
 PO Box: 30500 Dubai, UAE
 Tel: +971 4 211 1710
 Fax: +971 4 282 0847
 Email: acregistry@gcaa.gov.ae.

Brazil:

For Brazil, the AEP code is provided by the Brazilian Aeronautical Registry.
 National Civil Aviation Agency - Brazil
www.anac.gov.br
 Tel: +55 21 35015402
 Email: rab@anac.gov.br

Ukraine:

For Ukraine, the AEP code is provided by the State Aviation Administration of Ukraine:
 State Aviation Administration of Ukraine
 Volodymyr Ievstratov, Head of Aircraft Registration Sector - State Airworthiness Inspector
 14, Peremogy Ave, 01135, Kyiv, Ukraine
www.avia.gov.ua
 Phone: +380 44 351 54 68
 Fax: +380 44 351 55 12
 Email: ievstratov@avia.gov.ua

Viet Nam:

For Viet Nam, the AEP code is provided by the Civil Aviation Authority of Viet Nam
 Legal Affairs and International Cooperation Department
 Civil Aviation Authority of Vietnam (CAAV)
 119 Nguyen Son Street, Long Bien District, HaNoi
 Tel: (+84 4) 3827 2241/ 3827 1513 ext 8645/8614
 Fax: (+84 4) 3827 1933
 Email: iad@caa.gov.vn

Spain:

For Spain, the AEP code is provided by the Spanish Moveable Property Registry (Registro de Bienes Muebles)
Contact: Mr. Jorge Cruz
Tel +34 915761200 Ext. 215
Email: Madrid.ria@registromercantil.org
Their opening hours are 09:00 to 14:00 GMT+1

Argentina:
For Argentina, the AEP code is provided by the National Civil Aviation Administration (ANAC)
Registro Nacional de Aeronaves
Contact: Mr. Gaspar Herzel
Head of the National Aircraft Registry of Argentina, National Civil Aviation Administration
Telephone:  + 54-11-5941-3000 ext. 69900
Email: registro@anac.gob.ar
Please see Link: http://www.anac.gob.ar/anac/web/index.php/2/398/registro-nacional-de-aeronaves/covenio-de-ciudad-del-cabo
Web Address: http://www.anac.gob.ar/anac/web/index.php/2/85/aeronaves-y-talleres/registro-nacional-de-aeronaves


Section 12 of the Regulations dealing with Entry Points in more detail, includes Sections 12.7 and 12.8 on registration validity issues.


7. WHAT IS A DIRECT ENTRY POINT?

A Contracting State may designate an entry point or entry points through which information required for registration under the Convention and Protocol shall or may be directly transmitted to the International Registry. This is termed a Direct Entry Point. As of August 9th 2013, no contracting state has an active Direct Entry Point.


8. WHAT AIRCRAFT OBJECTS ARE COVERED?

The Protocol lays down the following definitions to determine if an object is eligible for registrations:

Airframe means airframes (other than those used in military, customs or police services) that, when appropriate aircraft engines are installed thereon, are type certified by the competent aviation authority to transport:

  1. at least eight (8) persons including crew, or
  2. goods in excess of 2750 kilograms, together with all installed, incorporated or attached accessories, parts and equipment (other than aircraft engines), and all data, manuals and records relating thereto,

Helicopters means heavier-than-air machines (other than those used in military, customs or police services) supported in flight chiefly by the reactions of the air on one or more power-driven rotors on substantially vertical axes and which are type certified by the competent aviation authority to transport:

  1. at least five (5) persons including crew, or
  2. goods in excess of 450 kilograms, together with all installed, incorporated or attached accessories, parts and equipment (including rotors), and all data, manuals and records relating thereto,

Aircraft Engines means aircraft engines (other than those used in military, customs or police services) powered by jet propulsion or turbine or piston technology and:

  1. in the case of jet propulsion aircraft engines, have at least 1750 lb of thrust or its equivalent, and
  2. in the case of turbine-powered or piston-powered aircraft engines, have at least 550 rated take-off shaft horsepower or its equivalent, together with all modules and other installed, incorporated or attached accessories, parts and equipment and all data, manuals and records relating thereto.

9. WHICH MANUFACTURERS HAVE PROVIDED DATA TO THE INTERNATIONAL REGISTRY?

Participating manufacturers have provided Aviareto with information in respect of their products. This is provided by the manufacturers on a non-obligatory basis, subject to the manufacturers' disclaimer.

Currently the following manufacturers have provided us with information:

AIRBUS, AIRBUS HELICOPTERS, ANTONOV, ATR, BAE SYSTEMS, BEECH AIRCRAFT CORPORATION, BEECHCRAFT CORPORATION, BEECHCRAFT-HAWKER CORPORATION, Bell Helicopter, BOEING, BOMBARDIER, BRITISH AEROSPACE, C SERIES AIRCRAFT, CANADAIR, CESSNA, CFE, CFM, DASSAULT AVIATION, DE HAVILLAND, EMBRAER, EUROCOPTER, FOKKER, GE, GE HONDA AERO ENGINES, GULFSTREAM, HAWKER BEECHCRAFT CORPORATION, HAWKER SIDDELEY, HONEYWELL, HUGHES HELICOPTERS, INTERNATIONAL AERO ENGINES, INTERNATIONAL AERO ENGINES, LLC, ISRAEL AIRCRAFT INDUSTRIES, LEARJET, MCDONNELL DOUGLAS, MCDONNELL DOUGLAS HELICOPTER, MD HELICOPTERS, MITSUBISHI, PACIFIC AEROSPACE LIMITED, PIAGGIO AERO INDUSTRIES, PILATUS AIRCRAFT LTD, POWERJET, PRATT & WHITNEY, PRATT & WHITNEY CANADA, QUEST AIRCRAFT, RAYTHEON AIRCRAFT COMPANY, RAYTHEON CORPORATE JETS INC, ROLLS ROYCE, SIKORSKY, SUKHOI, TEXTRON AVIATION INC., VIKING AIR LTD, WILLIAMS INTERNATIONAL CO LLC.

 

 

 

 

 



10. WHERE CAN I OBTAIN A COPY OF PREVIOUS VERSIONS OF THE INTERNATIONAL REGISTRY REGULATIONS?

A copy of earlier versions of the International Registry Regulations can be obtained from the website of ICAO (International Civil Aviation Organisation) by selecting the following link: http://www.icao.int/secretariat/legal/Pages/Intl_registry.aspx or by making a request to the International Registry helpdesk by email.


11. WHAT ARE THE FEES?

The fees are set by the International Civil Aviation Organisation (ICAO) and listed in the Regulations and Procedures. All fees are in United States Dollars (USD$)

The current fees are:

Fee (in U.S. dollars)
Controlled entity set-up fee (1 year) 180
User set-up fee (1 year) 200
Registration fee 100
Spare engine fee 50
Priority search fee 22
Lost certificate fee 10
Replacement Administrator fee 50
Entity Name Change 200

Please note that a Transfer of a Right to Discharge is treated, for fee purposes, as a registration and can form part of a registration session. If performed separately it will incur the appropriate registration fee.


12. WHAT IS VAT AND WHY WAS IT CHARGED?

VAT is European Union Value Added Tax collected by the Irish Government. When you enter entity information you select a country of postal address. If you select a member state of the European Union you may pay VAT. The rules are as follows:

  1. If you are from outside the EU you will not pay VAT.
  2. If you are from Ireland you will pay VAT.
  3. If you are from the EU, not including Ireland, you will pay VAT unless you enter a valid VAT number.

13. HOW DO I APPLY FOR A REFUND AND WHAT IS YOUR REFUND POLICY?

Our refund policy is as follows:
All refund requests will be assessed by the Registrar to determine the validity of the request.
Refund requests must be submitted within two months of the transaction and cannot be processed after this time.

For Applications to be an Entity Administrator or Entity User
The Registrar will refund the fee paid during the application process in the following circumstances:

  1. Administrators not yet approved by the Registrar, or users not yet approved by their administrators, who are declined for data entry errors or declined as the account is not required.
  2. Approved administrators or users, provided their account has not been used and request received within 1 month of approval.
  3. Approved administrators who create a controlled entity in error (e.g. the entity no longer exists or has been dissolved) or where data entry errors have been made whilst creating the entity.

General Services
Where International Registry system errors prevent the user from receiving the service paid for e.g. not being able to download a search certificate which has been paid for, the Registry will attempt to provide the service and will refund only if this is not possible.

Applying for a Refund
All refund requests must be submitted by email.
The requestor must send details of the transaction by email to help@aviareto.aero and provide an explanation.
Once there has been activity on a registry account, no refunds are possible.

*Please note that fees, in respect of all prepositioned registrations in a closing room, shall be payable by the coordinating entity. If such prepositioned registrations are not released, the coordinating entity shall be entitled to a refund of such fees, less applicable third party payment processing expenses.


14. CAN YOU REPRODUCE MY INVOICE?

Yes, if you can provide the registry officials with the date and time you believe the transaction occurred or the transaction ID.


15. CAN I WIRE TRANSFER FUNDS TO LOAD CREDIT FOR MY ENTITY?

Yes. This is possible only after the initial Administrator application has been approved. The first Administrator application must be paid by credit card. Please contact us at help@aviareto.aero for further details on wiring instructions.


16. I UNDERSTAND THE FEE SCHEDULE, BUT FOR SOME TRANSACTIONS I DID NOT PAY - WHY IS THIS?

This is because the Regulations and Procedures allow for registration sessions for which a single fee is applied to several associated objects within a defined time frame. The details of these sessions are included in the Regulations and Procedures.


17. WHAT IF THE ADMINISTRATOR WILL BE UNAVAILABLE TEMPORARILY? HOW DO WE DELEGATE THE ADMINISTRATOR RIGHTS?

An Administrator can delegate powers for a given period of time (up to three months) to a selected approved User within their entity. This User will be the acting administrator for the entity, and can renounce the delegation at any time. The original administrator may also revoke the delegation at any time.

The delegation will be automatically revoked, and administrator powers will be transferred back to the original administrator, in the following circumstances:

  • After a period of 3 months, in accordance with section 4.1 of the Regulations.

  • If the acting administrator’s account is disabled by the Registrar.

  • If the original administrator’s account is disabled by the acting administrator, or the Registrar.

     

To delegate your administrator powers:

  1. Login and select 'Entity Management' and 'Manage Users'

  2. Select the approved user you wish to delegate to

  3. Click on the 'Delegate User' option and when prompted select yes

  4. You will automatically be logged out of the system as you are no longer the administrator for the entity. You will be permitted to login as a user.


To revoke a delegation:

  1. Login and select 'Delegation' and 'Revoke Delegation'

  2. The delegated information is displayed including the date of the delegation

  3. Click on the 'Revoke' option.

  4. You will automatically be logged out of the system once you have revoked the current delegate.

  5. To access your account as the administrator please login.


 

 

 


18. WHAT IS A CONTROLLED ENTITY?

(Please refer to the International Regulations section 2.1.6 of the definitions and the Payment Schedule 1.3)

Controlled Entities (CE) replaced special purpose entities since the Third Edition of the Regulations and Procedures for the International Registry.

  1. Approved TUE Administrators may create, modify or renew a controlled entity by selecting 'Entity Management', 'Manage Controlled Entities'. Upon creation of a CE the TUE administrator is charged the applicable fee of USD180 for 1 year.
  2. Controlled Entities can be modified or deleted but not if they have been used in a registration.
  3. To renew a CE, the TUE Administrator selects the entity through 'Manage Controlled Entities' and selects the option 'Renew'. Administrators will be sent a renewal email reminder one month before the expiry date of the CE. The renewal period is calculated as follows:
    1. The current expiry date plus the period of the renewal, if the Controlled Entity is renewed before it expires.
    2. The current date plus the period of renewal, if the Controlled Entity has already expired.

19. WHAT IS THE DIFFERENCE BETWEEN A TRANSACTING USER ENTITY (TUE) AND A PROFESSIONAL USER ENTITY (PUE)?

A TUE can be a named party in a registration for example a buyer or a seller, or a debtor or a creditor. As a PUE, your entity would never be a named party in a registration, but would instead make registrations on the International Registry on behalf of other TUE entities if authorised to do so by a TUE. It is important to select the correct entity type when submitting an application to become the Administrator of a new entity.


20. WHAT ENTITY DETAILS CAN BE CHANGED ON THE INTERNATIONAL REGISTRY?

An entity administrator may submit an entity name change request for the fee of USD200 by selecting 'Entity Management', 'Manage Entity' and 'Change Entity Name'.

Please note the name entered should match the correct legal entity name. It will be necessary to submit documentation showing the entity name change from old name to new name and this document will be used to verify the name applied for.

The entity name change application must be reviewed and approved or rejected by the Registrar.


21. HOW DO I SEARCH FOR AN ENTITY?

Users can search for an entity name by clicking on the menu item 'Search' and then 'Search for an Entity'. The searching party may enter the full or partial name of an entity in the search field. The results displayed will show a list of entities which contain the search criteria entered. The results of the search are not case sensitive.

An approved user can view more details for each entity by clicking on the entity line. If the administrator is disabled the email address for the last known administrator is displayed.

The default details displayed for each entity is limited to the following:

  1. Entity Name
  2. Country of Postal Address and where known the State of Incorporation or Formation
  3. Entity Reference
  4. Entity Type
  5. Administrator details - name, email address and administrator status.

An entity search can be performed against all entity types on the Registry which include: Transacting User Entities, Professional User Entities and Controlled Entities. Abuse of this feature such as for the purpose of sending unsolicited emails may result in your account being blocked.

The entity search feature will provide users with the ability to search an entity when selecting the name in the following situations:

  1. Becoming the administrator of an Entity already on the International Registry.
  2. Becoming a user of an Entity already on the International Registry.
  3. Requesting authorisation from a Transacting User Entity or a Controlled Entity.
  4. Searching for or selecting a named party when registering an interest.

22. CAN ENTITIES MERGE ON THE INTERNATIONAL REGISTRY?

A Transacting User Entity administrator may submit a request to merge two or more Transacting User Entities on the International Registry, subject to the approval of the Registrar – see Section 5.16 (b) of the Regulations, Regulations and Procedures for the International Registry.

When two entities merge, one will survive and the other will merge into it. To allow the merger go ahead, the intended surviving entity must initiate the request while the merging entity (or entities) must consent to the request. Once that has been done, the request will be reviewed by the Registrar and, subject to the supporting documentation submitted, approved.

The surviving entity should send the following documentation to the Registrar at registryofficials@aviareto.aero once the merging entity (or entities) have consented to the merger:

  1. Evidence of the merger such as a Certificate of Merger. 
  2. The "confirmation of entitlement to act" (CEA) form, which will be automatically emailed to the administrator of the surviving entity following the submission of the merger request.

The following actions will happen automatically upon approval by the Registrar:

  1. All controlled entities of the merged entities will be migrated to the surviving entity. 
  2. All authorisations of the merged entities will be migrated to the surviving entity unless the surviving entity elects otherwise. 
  3. All credit balances will be consolidated into one account for the surviving entity.
  4. All rights and interests of the merged entities will be accessible by the surviving entity.
  5. The merged entities will remain on the International Registry but will not be usable
  6. All administrator and user licences from the merged entities will be disabled and their digital certificates will be revoked. 
  7. If a merging entity holds the right to discharge a registration, it will be automatically transferred to the surviving entity, and recorded on the priority search certificate.

 


23. WHERE CAN I FIND MORE INFORMATION REGARDING THE CAPE TOWN CONVENTION?

The Cape Town Convention Academic Project is a useful resource for information and educational material relating to the Cape Town Convention and its Protocols. The Project hosts a repository of searchable information regarding the Convention, self-instructional materials as well as The Cape Town Convention Journal. The Project can be accessed here: http://www.ctcap.org/.

The Practitioners’ Guide’ to the Cape Town Convention and its Aircraft Protocol, published September 2015 by the Aviation Working Group (www.awg.aero, AWG) and prepared by its Legal Advisory Panel is available to download with the consent of AWG by clicking on the following link: http://awg.aero/assets/docs/VED%20Practitioner's%20Guide%209.9.15.pdf


APPLICATIONS

1. WHO SHOULD BE THE ADMINISTRATOR AND WHAT ARE THEIR RESPONSIBILITIES?

The Administrator of a Transacting User Entity (TUE) is responsible for, inter alia, the following:

  1. Approving new users from within their entity;
  2. Maintaining, blocking or disabling approved users;
  3. Maintaining entity details, such managing controlled entities;
  4. Creating a credit account or requesting additional credit;
  5. Creating a pin number to allow users to use credit from the account;
  6. Delegating Administrator responsibility to a user within their entity;
  7. Granting authorisation to professional entities to work on objects on behalf of their entity;
  8. Ensuring adequate security is on all PCs and networks which will be used to access the International Registry within their entity;
  9. Submit refund requests on behalf of their entity.

The Administrator of a Professional User Entity (PUE) is responsible for, inter alia, the following:

  1. Approving new users from within their entity;
  2. Maintaining, blocking or disabling approved users;
  3. Creating credit account or request additional credit;
  4. Creating a pin number to allow users to use credit from the account;
  5. Delegating Administrator responsibility to a user within their entity;
  6. Ensuring adequate security on all PCs and networks which will access the International Registry within their entity;
  7. Submit refund requests on behalf of their entity.

2. CAN I BE THE ADMINISTRATOR FOR MORE THAN ONE ENTITY, AND IF SO CAN I USE THE SAME PC?

Yes, you can be the Administrator for multiple entities. If you make multiple applications on the same PC, you must be careful to keep the same password for each application. This will place all certificates into one keystore file. The limitations of this are, should the file be lost or damaged, all certificates will have to be reissued at a cost of $10 each. However you may back-up the file to reduce this risk.


3. WHAT HAPPENS WHEN I APPLY?

There are four options when applying for an account on the Registry:

  1. Become the Administrator of a new Entity
  2. Become the Administrator of an Entity already on the International Registry
  3. Become a User of an Entity already on the International Registry
  4. Replace a lost or stolen Keystore/Certificate

The options are described below.

a) Become the Administrator of a new Entity

You will be required to enter your details, the details of a person who is designated as the Back-Up Contact and details of the entity or the natural person you are applying on behalf of. Once your application is complete and payment is taken, the system automatically emails the Back-Up Contact and you (the Administrator).

Both you and the Back-Up Contact must read the emails and provide the information requested. You will receive a phone call from the International Registry to check some details. If all is in order you will be approved. You will then receive an email with a link. This link allows you to download your digital certificate. Once complete you can log on to the International Registry as an approved administrator.

Please check the following items are entered correctly when submitting the application:

  1. Entity or Natural person details
  2. Administrator applicant details
  3. Back-Up Contact details, (the back-up contact cannot be the same person as the Administrator). The Back-up contact should respond to the request for information exactly as entered in the application.
  4. The application must be made on the PC on which the certificate is to be downloaded i.e. the PC you intend to use for International Registry work.

b) Become the Administrator of an Entity already on the International Registry

You may need to do this when a previous Administrator leaves the company or when the entity wishes to change administrator. The Administrator account will be disabled by a Registry Official when requested by yourself (if you are the current administrator), the Back-Up Contact, the previous Administrator or an officer of the company.

Once the Administrator account is disabled a new person may apply to be the Administrator. They should select 'Become the Administrator of an Entity already on the International Registry' from the application options. An entity will only be searchable in this section if the previous Administrator is disabled. If the licence of the previous Administrator has not expired the new administrator may apply to replace the outgoing Administrator and take over the remainder of the licence term at a reduced cost of $50 USD.

If the licence of the previous administrator is expired or close to expiry then an application for a new full one year licence should be made.

Once the application is completed as instructed, a Registry Official will review your application and approve if all details are in order. Please follow the instructions in the emails you will receive when you apply.

c) Become a User of an Entity already on the International Registry

If you wish to apply to become a new user for an existing entity, please select this option. You are required to search for and select the entity you are applying for and where provided enter your user details.

The administrator of your entity will be required to review your application and approve the request. Once approved you will receive an email containing a link; this will allow you to download your digital certificate. You must download the digital certificate onto the same PC from which you made your application.

The Registry Officials do not review your details or approve you. This is done by the Entity Administrator.

d) Replace a lost or stolen Keystore/Certificate

If you lose your certificate or your change your PC and the keystore file containing your certificate was not moved across we will have to reissue you with a new digital certificate. The first step is to contact us at help@aviareto.aero. We will then issue you with instructions on how to reapply for a replacement digital certificate at a reduced cost of $10. You no longer need for your account to be disabled to apply for a replacement keystore or certificate if your licence is currently valid.


4. WHAT IS A CEA (CONFIRMATION OF ENTITLEMENT TO ACT) FORM?

A CEA form allows an Administrator to confirm that he or she has been authorised to act as Administrator for an Entity. It must be signed by an officer or senior manager of the Entity in question. The form also notes the Back-Up Contact who has been appointed by the Entity. This form is designed to satisfy Section 4.1 (b) of the Regulations. This form cannot be signed by the Administrator applicant and must not be altered.

Acting Jointly:
If several Entities or natural persons are applying jointly they must indicate this using the words Acting Jointly on the CEA form which should be signed by all parties. The TUE created in such a case will always be representing all of the parties who are originally named and who provide authorisation for the Administrator. It is a joint account and cannot be split or subtracted from in the future. Changing the name of such an Entity does not revoke the authorizations given to the Administrator to act for all the parties originally named.


5. WHAT INFORMATION SHOULD I CHECK WHEN SUBMITTING AN APPLICATION?

It is vitally important that the correct "legal entity name" appears on the Registry. You may wish to consider referring to your entity's incorporation documentation before submitting your application to ensure your application is submitted in the correct name. Please pay particular attention to punctuation and spelling. Corrections cannot be made to application data after the application has been submitted.

Please be careful when entering your application data. Names, email addresses and your date of birth cannot contain any errors. Taking a few moments to check your application data will save you time and speed the approval of your application.

State of Incorporation or Formation - when submitting your application you will be asked to enter where the entity is incorporated or formed. Your entity might be located in one country or state yet it may have been incorporated in another.

For entities based in the European Union, you may enter a VAT number. Please enter the relevant VAT country code plus the VAT number with no spaces or punctuation e.g. IE1234567X.


6. HOW DO I SWITCH ADMINISTRATOR?

If an Administrator leaves your company, you can appoint a new one. Please have the previously nominated Back-Up Contact send an email to help@aviareto.aero advising that the Administrator has left the company, requesting that the account is disabled and ask them to provide detailed instructions for a new Administrator to apply. Alternatively the outgoing Administrator can provide this instruction before they leave. If neither of these people is available we will require notification on a letterhead sent via email from a senior person within your organisation instructing us to disable the account. The Registrar will need to verify this person's details before proceeding.

If the licence of the administrator being replaced has not expired the new administrator can apply to take over the remainder of that licence at a reduced fee of 50 USD.


REGISTRATIONS

1. HOW DO AUTHORISATIONS WORK?

An administrator of a Transacting User Entity (TUE) is automatically authorised to make registrations on any object on behalf of that entity or a controlled entity managed by that TUE. Users for a Transacting User Entity, professional administrators and professional users may only initiate registrations on objects on behalf of a TUE or a Controlled Entity (CE), where they have been authorised in respect of the relevant object(s) by that TUE or CE.

Requesting Authorisation
This is relevant for approved TUE users, PUE administrators and PUE users only.

  1. Go to https://www.internationalregistry.aero
  2. Click on Login, select the certificate you wish to login as and when prompted enter your password and click submit. Please ensure your name; entity name and role appear at the top of the screen.
  3. Select Registration Area.
  4. Select Manage Authorisations and Request Authorisations and create a list of object which you wish to request authorisation on.
  5. To search for an object from the Manufacturers' list select the drop down icon beside 'Add Objects' and 'Search Manufacturers' List'. A search field will appear for you to enter the (Manufacturer Serial Number) MSN you wish to search against and select 'Search'. The search results returned are based on the serial number entered. This search algorithm is described in detail in these FAQS.
  6. For any objects which you wish to request authorisation on, tick the boxes on the left hand side and select 'Add', this will add the item to list. It is possible to request authorisation on up to 100 objects in one transaction by adding the objects to your list.
  7. It is possible to request authorisation on an object that is not present in the manufacturers' list. Please refer to section 5.1 of the Regulations, in respect of adding objects by free-text.
  8. To request authorisation on a free text object, select 'Add Objects' and 'Add Object not in Manufacturers' List', enter the details as required and select the object type from the drop down list.
  9. Search for and select the Transacting User Entity or Controlled Entity you wish to request authorisation. You can request authorisation from up to 100 entities in one transaction.
  10. You will then be presented with a verification page. If you wish to amend the authorisation details for example the object details or entity details select the option 'Back'. Once the details are correct, click 'Submit' and 'finish'.
  11. At this point the Administrator of the TUE will receive email notification of the request(s).

Authorise or Refuse Requests
This is relevant for TUE Administrators only.

  1. Go to https://www.internationalregistry.aero
  2. Click on Login, select the certificate you wish to login as and enter your password and click submit Please ensure your name; entity name and role appear at the top of the screen.
  3. Select Registration Area.
  4. Select 'Manage Authorisations' and 'Authorise or Refuse Requests'.
  5. Select the name of the Requesting Entity and Transacting Entity from the drop down list. Please note it is possible to grant authorisation on behalf of a controlled entity established by your entity.
  6. Tick the box on the left hand side for all the objects you wish to grant or refuse consent on click Authorise or Refuse. It is possible to select all objects so all requests can be authorised in one transaction.
  7. At this point you have the choice to authorise just the individual user that requested authorisation or all users within the requesting entity. Please note the default authorises just the named individual.
  8. Select 'Ok'. At this point the requesting party will receive email notification that the authorisation has been granted or refused.
  9. Where the yellow triangle appears in the left hand column this indicates that an existing authorisation has already been granted on that object, if you wish to authorise the current user you will first have to revoke the existing authorisation - details on how to do this are set out in the 'Revoke an Authorisation' section.

Revoke Authorisation and View All
This is relevant for TUE Administrators only.

  1. Go to https://www.internationalregistry.aero
  2. Click on Login, select the certificate you wish to login as and enter your password and click submit Please ensure your name; entity name and role appear at the top of the screen.
  3. Select Registration Area.
  4. Select 'Manage Authorisations' and 'Revoke Authorisations'.
  5. A list of all authorisations which are in place for this entity and associated controlled entities will be displayed.
  6. If you wish to revoke any authorisations click on 'Revoke' and when prompted click 'OK'.
  7. A TUE administrator also has the ability to view all authorisations by selecting 'Registration Area', 'Manage Authorisations', and 'View All'. Pending and previously authorised requests are presented in this list.

Renounce Authorisations
This is relevant for approved TUE users, PUE administrators and PUE users only.

  1. Go to https://www.internationalregistry.aero
  2. Click on Login, select the certificate you wish to login as and enter your password and click submit Please ensure your name; entity name and role appear at the top of the screen.
  3. Select Registration Area.
  4. Select 'Manage Authorisations' and 'Renounce Authorisations'.
  5. A list of authorisations previously granted or pending authorisations will be displayed.
  6. If you wish to renounce a request or an authorisation tick the relevant boxes and click 'Renounce' and when prompted click 'OK'.

2. WHAT IS THE SEARCH ALGORITHM USED BY THE INTERNATIONAL REGISTRY TO SEARCH FOR MSN DETAILS?

Understanding the Search Algorithm, described below, is important for a user wishing to conduct a thorough search of the International Registry system. The user enters an MSN (Manufacturer Serial Number). Although this is called a number it often also contains letters and special characters such as dashes or spaces.

Objects Searched:
The IR system does an MSN search of all objects upon which registrations have previously been made or which have been provided by manufacturers, returning matches and near matches.

Search String:
Two search strings are used i.e. compared against objects in the IR database. These are:

  1. Exact String: The full MSN entered by the user.
  2. Stripped String: An alpha-numeric only version of the MSN entered by the user.

In this case the search string used is the MSN entered by the user with all characters removed except letters and digits. So, if a user enters "AB-515C 9" as the MSN, the IR system, in this case, will use AB515C9 as the search string.

For each search string two searches are done one looking for a match and one looking for a near match as described below.

Order of Results
The results of the MSN search are returned in the following order:

  1. Exact String Match: There could be more than one if the same serial number is used by several manufacturers, or by one manufacturer for different models, if the MSN was entered by a user with a different Manufacturer or Model identifier or for other reason.
  2. Exact String Near Match: Any MSN containing the Exact String entered by the user, ordered in ascending MSN order.
  3. Stripped String Match: Any MSN matching the Stripped String. Again, there could be more than one.
  4. Stripped String Near Match: Any MSN containing the Stripped String, ordered in ascending MSN order.

(Note: For the 'Stripped String' (3 & 4 above) - we also compare the stripped version of the entered MSN with a stripped version of the objects in the database e.g. if the user enters MSN '12-34', the search could return MSN '1-234567' or '1-23/4').

Example:

User Enters MSN A500-0

The results would come back as follows:

All MSNs containing an Exact String Match have that portion highlighted in bold (as illustrated above).


3. CAN I MANUALLY ENTER THE AIRCRAFT OBJECT DETAILS OR SHOULD I SELECT THEM FROM THE LIST PROVIDED?

Explanatory text on the International Registry advises that the use of information provided by the manufacturers is mandatory unless the object being registered does not appear in the Manufacturers List. See section 5.1 of the Regulations.


4. WHAT DO I NEED TO KNOW ABOUT FRACTIONAL OR PARTIAL TRANSACTIONS?

You may register an interest for most interest types for a percentage of an object, this is a fractional registration. If you do not select a percentage the system assumes 100%. There is a maximum of 6 decimal places in the percentage e.g. 12.123456%. If necessary the value can be changed as part of registration amendments.

You may discharge a value less than is registered in a particular file number. So if the original percentage in a registration is 50% you can discharge this down to 15% by discharging 35%. You cannot discharge below 0%.

The International Registry system is designed to use percentages with a maximum of six decimal places when recording fractional and partial interests in aircraft objects e.g. 12.123456%. Please consider that certain fractions cannot be fully represented within six decimal places. Percentages shown are of the full aircraft object.


5. WHAT REGISTRATION DETAILS MAY BE AMENDED ON THE INTERNATIONAL REGISTRY?

Please refer to Regulations Section 5.11 for details on amendments.

When a user searches for and selects a file number to be amended, the following fields will be pre-populated; with the original registration information for that file number. The User will be permitted to edit these fields.

  1. MSN Criteria
  2. Object Type
  3. Registration Type
  4. State of Registry
  5. Percentage of Registration
  6. Registration Lapse Date
  7. Named Parties

If amendments are made to the following registration fields it will result in an automatic discharge of the original file number

  1. MSN Criteria
  2. Object Type
  3. Registration Type

Amendment Rules:

  1. Amendments that result in the automatic discharge of the registration being amended can be further amended.
  2. Amendments to all other fields will not result in automatic discharge of the original file number.
  3. Amendments that do not result in the automatic discharge of the registration being amended cannot be further amended.
  4. If the amendment relates to MSN data, a TUE Administrator will be able to free text or select the new object, however PUE Administrators and TUE/PUE Users will only be able to select from a list of authorised objects.
  5. Amendments to the registration type will require the user to enter the required fields. Named Parties may also be amended at this stage. For example, if amending the registration type from International Interest to Contract of Sale the registering person will be required to select Buyer and Seller.
  6. Named parties can also be amended by the registering party by selecting the entity name.
  7. Registrations made before the introduction of the Fractional Interest functionality (June 2007) do not have a value for the percentage of interest registered. Therefore Amendment to Percentage of Registration is not possible for such Registrations.
  8. For Registration types that do not allow Fractional Interest, amendment to Percentage of Registration is not possible.
  9. With regards to discharges on fractional registrations; the percentage available to discharge is based on the original registration and any subsequent discharges, but not on any amendments.
  10. Following the submission of an amendment, consent is required from all parties named on the original registration, the holder of the right to discharge the registration if different, and any new parties where applicable. Consent is required within 36 hours. One registration fee is applicable for the amendment.
  11. The Regulations deal with the priority of Interests which have been amended and should be consulted to understand the implications of such amendments.
  12. Discharge of a registration will result in the automatic discharge of any amendments to that registration.

6. WHAT IS THE RIGHT TO DISCHARGE AND HOW CAN IT BE TRANSFERRED?

Right to Discharge

The holder of the right to discharge a registration is by default the beneficiary of the registration. This right may be transferred to another registry user entity. The transfer of this right may form part of a registration session but may also be performed independently for the appropriate registration fee.

The transfer is initiated by the current holder - The Transferor. Both transferor and transferee must consent to the transfer either directly or by way of an authorisation. Initiation of the transfer implies consent.

There is a 36 hour window within which consent must be given or the transfer drops off the system. The holder of the right to discharge is shown on the priority search certificate as are any transfers of that right.

Contracts of Sales, Registrations of a Discharge and Amendments, which do not result in the automatic discharge of the registration being amended, do not have a Right to Discharge attribute.

If a registration is made that involves multiple creditors or beneficiaries then one of the beneficiaries must be indicated to be the holder of the right to discharge.

Transfer the Right to Discharge

  1. Go to https://www.internationalregistry.aero
  2. Click on Login, select the certificate you wish to login as and enter your password and click 'Submit'
  3. Please ensure your name; entity name and role appear at the top of the screen.
  4. Select 'Registration Area' and 'Manage Right to Discharge and then 'Transfer Right to Discharge'
  5. You will be required to search for and select the 'Transferor' and the 'Transferee' and select 'Next'
  6. At this point you can search for and add the file number(s) you wish to transfer.
  7. Please note it is possible to transfer the right to discharge for a number of file numbers in one transaction.
  8. Select 'Next' and submit the payment if required.
  9. Automatic email notifications are issued requesting consent, confirming consent when the transfer goes live.

Consent to the Transfer of a Right to Discharge

  1. Go to https://www.internationalregistry.aero
  2. Click on Login, select the certificate you wish to login as and enter your password and click 'Submit'
  3. Please ensure your name; entity name and role appear at the top of the screen.
  4. Select 'Registration Area' and 'Manage Right to Discharge and then' Consent to Pending Transfers'. Transfers may be consented to or refused but will automatically drop off the system if not consented to within 36 hours.
  5. Select the transfers one by one to consent or refuse consent.

7. WHAT IS THE CLOSING ROOMâ„¢?

The Closing Room™ allows a Coordinating Entity to “preposition” registration information on the system, in advance of submitting the registrations to the database. It is described in detail in the Closing Room™ Appendix to the Regulations, available for download from the ‘Documentation’ section of our website.

All Registry user entities, i.e. TUE administrators, TUE users, PUE administrators and PUE users may set up the Closing Room™ and by doing so become a Coordinating Entity. A Coordinating Entity does not have to be a named party. All users within a Coordinating Entity may enter and modify data in the Closing Room™ and invite other users of the International Registry system as the Closing Room™ participants, to view, but not change the information contained in the Closing Room™. 

Prepositioning a registration does not require prior authorisations and it does not constitute giving consent to a registration.

When the Coordinating entity is finished assembling the registrations, they can designate the status of the Closing Room™ as “locked”. At this point, each registry user entity whose consent is required will be able to login to the Closing Room™ in order to view the Closing Room™ and grant their consent. A Pre-registration report will be automatically generated by the system and emailed to the Closing Room™ participants (i.e. named parties, authorised users and invited participants). The Pre-registration report will list the prepositioned registrations in the specified chronological order.

The Closing Room™ will remain “locked” for a period of 10 days. The Coordinating Entity may extend the “locked” period.

At any point, the Coordinating Entity can “unlock” the Closing Room™, which will have the effect of revoking all consents that may have been granted by the named parties.

When all prepositioned registrations have been consented to, the Coordinating Entity may release the Closing Room™ into the database. When all the prepositioned registration become live and searchable, the Closing Room™ will be extinguished.

We have prepared a short video tutorial on the Closing Room functionality – it is available here: https://www.youtube.com/watch?v=UZvXBV4tFiw



8. WHAT IS A REGISTERABLE NON-CONSENSUAL RIGHT OR INTEREST UNDER ARTICLE 40 OF THE CAPE TOWN CONVENTION?

 

Registerable non-consensual rights or interests – Article 40 Cape Town Convention

Introduction

The Convention on International Interests in Mobile Equipment signed at Cape Town on 16 November 2001 (the “Convention”) contemplates two types of non-consensual rights or interests.  The first type (Article 39) relates to those non-consensual rights or interests created by the law of a Contracting State which have priority, without registration, over an interest in an aircraft object equivalent to that of the holder of a registered international interest, and with respect to which a Contracting State has made a declaration under Article 39.  The second type (registerable non-consensual rights or interests – Article 40 (“RNCRIs”)) are, again, non-consensual rights or interests and like Article 39 require a declaration to be made by a Contracting State.  However, unlike Article 39 rights or interests, such rights or interests must also be registered on the International Registry (“IR”) in order for them to have any effect.

Article 39 and 40 are mutually exclusive in that a Contracting State is prohibited from making a declaration covering the same rights or interests under both Articles.  Article 39(1)(a) relates to “categories of non-consensual right or interest (other than a right or interest to which Article 40 applies)”.  A Contracting State is, however, permitted to cover rights or interests of the same nature under both Articles, provided such rights or interests are differentiated from each other. 

As stated, non-consensual rights or interests with respect to which a Contracting State has made a declaration under Article 40 of the Convention are treated like registered international interests and have priority over later registered interests and unregistered registerable interests.  Unlike other international interests, an Article 40 registration can be made unilaterally by the purported creditor, without the consent of the alleged debtor.  This feature, whilst necessary, in certain circumstances, to preserve the rights of affected creditors with legitimate rights under Article 40, and who make such registrations bona fide, is open to abuse by users of the IR to make unwarranted or malicious registrations without foundation under the Convention.

 

Requirements of a valid RNCRI

In order to register a valid RNCRI on the IR the following requirements need to be satisfied:

(a) A Contracting State must have made a declaration pursuant to Article 40 of the Convention specifying the particular categories of interests protected by such Article 40 declaration; and

(b) A right must have arisen in that Contracting State which is protected by the categories of interests specified in the declaration made.

Any rights arising pursuant to Article 39 of the Convention cannot be registered as RNCRIs as they are rights having priority without registration.  It is only rights arising in a Contracting State which are the subject of such Contracting State’s Article 40 declaration that can be registered on the IR.

A list of declarations made by a particular Contracting State can be verified, free of charge, by conducting a Contracting State Search on the IR website, which will produce a Contracting State Search Certificate.

 

What to do where an improper RNCRI has been registered against an aircraft object?

In circumstances where a person believes that an RNCRI has been erroneously or incorrectly made against an aircraft object, appropriate legal advice should be obtained to ascertain whether a demand should be made, pursuant to Article 25(4) of the Convention, against the holder of the RNCRI demanding the prompt discharge of the interest, on the basis that it does not qualify as an RNCRI.  If, following legal advice a demand is made but the required discharge is not forthcoming, further legal advice should be sought to ascertain how best to proceed to protect the affected person’s interests.

To date, three separate sets of legal proceedings have been brought before the Irish courts seeking the discharge of improper RNCRIs.  The Irish courts have demonstrated that frivolous, improper or unwarranted registrations on the IR may be discharged at the direction of the Irish Courts and at the expense of the registrant.  The Irish courts, being the courts in the jurisdiction in which the Registrar has its centre of administration, have also demonstrated a willingness to accept jurisdiction to hear the substantive cause of action in disputes relating to registrations originating entirely outside Ireland under the provisions of the Convention.  This approach, coupled with the speedy resolution of such disputes by the Irish Commercial Court, greatly aids the proper and efficient functioning of the IR, and provides comfort to parties seeking to discharge frivolous, improper or unwarranted RNCRIs that such discharges can be done in a timely, effective and efficient manner. 

Affected persons should also be aware that it is possible to seek the discharge of improper RNCRIs in their local courts.  Any order would, in circumstances where the holder of the RNCRI fails to comply, need to be brought to Ireland and enforced through the Irish courts, if the RNCRI is to be discharged by the Registrar.  The Convention states that the courts in the place in which the Registrar has its centre of administration have exclusive jurisdiction to award damages or make orders against the Registrar (Article 44).

 

Potential implications of making an improper or malicious RNCRI

Registry user entities should carefully consider whether a legitimate interest has arisen before registering an RNCRI.  Successful litigation has previously been brought by parties whose interests have been affected by incorrect RNCRI registrations, which were not discharged following demand by the affected parties, and the parties who registered incorrect RNCRIs were ordered to pay the costs of such litigation.  In addition registry user entities should be mindful that, in circumstances where there is no legitimate legal basis under the Convention for making an RNCRI, in addition to being ordered to discharge the RNCRI, the registering party could also potentially be the subject of other legal proceedings for, inter alia, damages, brought by the affected party.

The Registrar of the IR also has the right, pursuant to Procedure 10.10 of the Regulations and Procedures for the International Registry (Sixth Edition - 2014), to disable the account of a registry user entity’s administrator or user at any time when, in its view, there exists a material risk of fraudulent registrations or other misuse.

In these circumstances, if in doubt, professional advice should always be sought before proceeding with an RNCRI.

For further information regarding Articles 39 and 40, we would recommend the following texts / websites:

  • Convention on International Interests in Mobile Equipment and Protocol Thereto on Matters Specific to Aircraft Equipment, Official Commentary (Third Edition, 2013, UNIDROIT) - Professor Sir Roy Goode (http://www.unidroit.org/english/conventions/mobile-equipment/publications/commentaryconvention&aircraftprotocol.pdf) and the Annotations issued thereto by the Cape Town Convention Academic Project with Professor Sir Roy Goode’s personal endorsement (http://cdm15895.contentdm.oclc.org/cdm/officialcommentary);
  • Practitioners’ Guide to the Cape Town Convention and the Aircraft Protocol (published September 2015 by the Aviation Working Group and prepared by its Legal Advisory Panel - http://awg.aero/assets/docs/VED%20Practitioner's%20Guide%209.9.15.pdf);
  • Aviation Working Group (http://www.awg.aero/projects/capetownconvention/); and 
  • Cape Town Convention Academic Project (http://www.ctcap.org/). 


This briefing is designed to provide a summary of certain aspects of Articles 39 and 40 of the Cape Town Convention.  It does not purport to be comprehensive or to render legal or other advice. No reader should rely on this briefing when engaging in any transaction or providing any advice in respect of the subject matter covered hereby.  In no event shall the Registrar (or any director, officer or employee) have any legal responsibility for, or duty or responsibility to provide any updates in respect of, the subject matter of or views expressed in this briefing.


RENEWALS

1. HOW DO I RENEW?

The window for renewal commences 30 days before the account or certificate is due to expire. To renew your account select 'Apply' and then 'Renew'. This will either allow you to just renew your digital certificate (free) or renew and also purchase a new User licence.

Upon completion you will receive an email with a link allowing you to download a new certificate. Forgetting this step is the most common reason for renewal problems.


2. I GOT A RENEWAL EMAIL BUT THERE WAS NO RENEWAL LINK ON THE WEB SITE?

The email which reminds you that you will need to renew arrives 30 days before the licence or certificate expires. Please ensure that you are logging in under the correct entity and select 'Apply' and then 'Renew'. If the link does not appear please contact us at help@aviareto.aero.


3. DO I LOSE OUT IF I RENEW EARLY?

No, if you renew as soon as you can (i.e. 30 days in advance), the licence will not commence until the due date. If the certificate or licence has been renewed in advance of the expiry date the remainder of the previous licence will be added to the new licence. (i.e. if the renewal was completed 10 days before the expiry date the new licence will be valid for 1 year and 10 days).


4. WHAT HAPPENS IF I FORGET TO RENEW MY USER LICENCE AND IT EXPIRES?

When a User licence expires, the user's account is suspended. The user may reactivate their account by paying the fee for a one year licence. The start date of the certificate and the licence will be when you renew.


TECHNICAL

1. WHAT DO I NEED TO ACCESS THE INTERNATIONAL REGISTRY?

The technical requirements are:

•    Computer with internet connection
•    Up to date Java
•    Browser that supports Java
•    Pop-ups enabled
•    Administrator privileges on the computer

Using non-compatible browsers, older browser versions or disabling browser features, may reduce site functionality and cause problems for users.

For the latest version of Java, go to www.java.com for a free download or update.

Currently, Internet Explorer 11, Mozilla Firefox ESR 32bit (click here to download) and Safari browsers support java.

While we strive to provide a consistent experience across browsers, occasionally some issues may arise. If you have any queries, please contact our Helpdesk at + 353 1 809 1470 or email us at help@aviareto.aero.


2. I CANNOT ACCESS THE SITE, WHAT DO YOU SUGGEST?

Your firewall must allow JAVA and SSL to and from the International Registry site (www.internationalregistry.aero)

If you have applied and downloaded your certificate it should be stored in a file IRKeystore.jks. Check that this file is in your user profile directory. Typically your keystore file can be found in the following locations:

On a XP computer c:\documents and settings\users own profile folder.
On Vista and Windows 7 c:\users\users own profile folder
If this file does not exist please contact us at help@aviareto.aero.

Please also check the following:

  1. Can you access other web sites from the PC? If not it may be a networking or local problem.
  2. Can you access other secure web sites from the PC i.e. start with https such as your online bank? If not it may be a firewall restriction on your PC or LAN.
  3. Can you access other sites which use Java? If not you may not have Java installed or your IE settings may be blocking Java or pop-ups.
  4. Can you get to the home page of the International Registry web site? If not you may have a local firewall problem.
  5. What name and Entity name is displayed at the top of the screen? If the name is GUEST then the system cannot read your certificate stored in IRKeystore.jks (which should be in your user Profile folder).

3. I AM LOGGED IN AS A GUEST WHY IS THIS?

If you are logged in as a guest and the the system does not recognise your digital certificate, please check the following:

  1. It could also be that the file containing your certificate is missing. Therefore you should check to see if the IRKeystore.jks file exists in your User profile directory. See the step above for the IRKeystore.jks locations. Check your 'trash' (deleted items folder). If the IRKeystore.jks file does exist on your computer it may be a problem with the certificate stored within the file.
  2. You can try to download your digital certificate again. Use the most recent version, as you get a new certificate when approved and also when you renew each year. If you can find the email try to download the certificate again. The email came from internationalregistry@internationalregistry.aero. You will need to open it and click on the link.
  3. If you cannot find the email, please contact us at help@aviareto.aero for the digital certificate to be resent.
  4. You may want to check your PC IT Settings for the following settings:
    1. Verify access to other SSL (secure) sites, such as your online banking site.
    2. Review antivirus software settings.
    3. Review firewall settings to ensure access to the site.
    4. Have you accidentally deleted your Keystore? - Please check for IRKeystore.jks in your C drive, Documents and settings, User folder. If it is not there check your recycle bin and click restore if you find it. This may allow you access to the site.
    5. It may be necessary to delete other Keystores which have the phrase .sav. These can be found in the same place.
  5. If the file IRKeystore.jks has been removed from your PC, you have changed PC or replaced your hard drive you will need to request a replacement certificate. Please contact the help desk for further assistance. The cost for a replacement certificate is $10 USD.

4. HOW DO I INSTALL OR UPGRADE JAVA?

When you try to access the International Registry website with an old version of Java the system may not automatically update. Please click on www.java.com to get the most up to date version.

Please note that Windows 64 bit operating systems require you to have the corresponding 64 bit Java installation on your computer. Likewise if you have a 32 bit operating system you will need a 32 bit Java installation. Please check Java for further details. http://www.java.com


5. WHAT IS A DIGITAL CERTIFICATE AND KEYSTORE?

Digital certificate technology allows you to electronically sign transactions to a level acceptable in a court of law. It also allows you to be identified. Digital certificate technology is based on public key infrastructure (PKI) based on asymmetric cryptography. In PKI systems, every entity has two complementary keys, a public key and a private key. These keys can be used to encrypt and decrypt (scramble and unscramble) data. If data is encrypted by one key it can only be decrypted by the other key in the pair. One key is made public and the other is private.

If you receive a message which can be decrypted by a specific public key then you know it was encrypted by the associated private key. This proves the holder of the private key sent the information. It is vital that private keys remain private. Certificates and private keys are stored in a Keystore which is password protected and are downloaded onto a PC which must be under the control of the person who applied.

A Keystore is a file on your PC which contains one or more certificates and private keys and is protected by a secret password. It is normally located in the User profile directory. To discover your User profile directory type in 'set' at the command prompt (DOS prompt) and look for the line that starts with USERPROFILE.

If you believe your digital certificate has been damaged, please contact the Helpdesk at help@aviareto.aero


6. I CANNOT DOWNLOAD MY DIGITAL CERTIFICATE- WHY IS THIS?

If you are certain you made the application on a particular PC and cannot download your digital certificate onto that PC, please check the following:

  1. Are you using the correct login (profile) on your PC i.e. same as you used when you applied?
  2. Is the file called IRKeystore.jks in the User profile directory? If not, check the recycle bin.
  3. Has any additional software been added to your PC or have changes been made to your network system? Please check with your IT support for advice.

7. CAN I DOWNLOAD A CERTIFICATE ONTO A DIFFERENT PC?

You must download your digital certificate on the PC from which you made the application. Attempting the process on other PCs will cause errors and undue delays for you to work on the International Registry. If you are changing your computer, you can transfer your existing Keystore from the old to the new computer, but you must request assistance from our helpdesk on help@aviareto.aero.


8. WHY DOES MY ACCOUNT SAY I AM BLOCKED?

Your account locks after 3 incorrect password attempts when logging onto the International Registry. If you are a user contact your Administrator to be unblocked. If you are an Administrator, please contact help@aviareto.aero to be unblocked. You will need to remember your password. If you are unable to remember this you will need to purchase a replacement certificate.


9. WHAT IF I HAVE PASSWORD PROBLEMS?

The Registry Officials do not have access to your password, nor can one be created for you but we can assist. To change the password you will need to replace your digital certificate at a cost of $10 (the Lost Certificate fee). Please send an email to help@aviareto.aero, explaining that you have forgotten or want to change your password.

Once this is received, the Registry Officials will provide you with instructions how to proceed. If you are an Entity User please contact help@aviareto.aero and we will issue instructions to you and your Administrator. Remember that a password applies to the Keystore file and hence to all certificates stored therein.


10. I GET AN ERROR WHEN I PAY, WHY IS THIS?

The system only accepts the following credit cards, Visa, MasterCard and American Express (AMEX). No other cards are accepted. It does not accept debit cards and cards such as French Carte Bleu.

Please review the following payment details which may solve the issue.

  1. Expiry Date - was that entered correctly in the right format e.g. 19 Jun 2016?
  2. Credit Card Numbers - reconfirm it was entered correctly? There should be no spaces.
  3. CCV Digits - CCV is an anti-fraud security feature to help verify that you are in possession of your credit card. For Visa or MasterCard, the three-digit CCV number is printed on the signature panel on the back of the card immediately after the card account number. For American Express, a four-digit CCV number is printed on the front of the card above the card number.
  4. Name - this must be the name on the credit card being used to make payment.

Please try again and if you continue to have problems, please contact help@aviareto.aero preferably with a screen shot of the error and your full User details.


11. I AM UPGRADING TO A NEW PC OR NEED TO ACCESS THE SYSTEM FROM A DIFFERENT PC. WHAT SHOULD I BE AWARE OF?

Contact the Helpdesk at help@aviareto.aero and explain that you want to move your keystore to a new PC. Remember to check that your certificates still work on your old PC before transferring to the new PC. A Registry Official will guide you through the transfer of the file. It is relatively simple but care is required.


12. MY PC WAS LOST OR STOLEN - HOW CAN I GET BACK ON THE SYSTEM?

If your certificate has been damaged, lost or stolen, you may submit an application for a replacement keystore or certificate by clicking on 'Applications Options' under the 'Apply' menu item. Please contact the help desk and we will advise you how to reapply for a replacement certificate at a cost of $10 without losing your original work. The new application should be processed within 24 hours and you will not need to go through the approval process again.


13. WHO SHOULD I CONTACT IF I AM EXPERIENCING DIFFICULTIES?

If you need help please contact us by email help@aviareto.aero or by phone in Ireland (+353 1 8091470). We will be delighted to help.

Please specify the nature of your problem or your question and include your name, company name, together with your main contact phone number in case we need to reach you. We will make every effort to respond to your query as quickly as possible. Please note the helpdesk can only provide technical assistance and cannot provide any assistance in relation to legal queries.


14. DO YOU USE ANY SOCIAL MEDIA TO COMMUNICATE WITH YOUR CUSTOMERS?

The International Registry has established a Twitter account (IntlRegNews) through which we will be sending customer notifications that will include:

  1. News items relating to the International Registry;
  2. Ratification of the Cape Town Convention and Aircraft Protocol;
  3. System down time and expected restoration time;
  4. Information on software upgrades;
  5. Manufacturer serial numbers updates.

All Registry Users are invited to follow us @IntlRegNews. We are interested in suggestions for other material we could share via Twitter. This channel will be used for brief announcements only.



International Registry of Mobile Assets.   |   : +353 1 809 1470  |   : help@aviareto.aero

This browser no longer supports Java applets. As the International Registry relies on the JAVA applet, we suggest accessing the website using one of the browsers listed below:

Please note that as a guest you may still perform all searches, view video tutorials and help documents.


Please update to latest version of Java to proceed. You may also need to uninstall old versions. For further information please go to

www.java.com.

Checking for International Registry credentials.
Please wait...

Certificate Names and Serial Numbers


*

* By entering your password you are agreeing to be bound by and comply with the following documents:
  Terms and Conditions
  Regulations and Procedures for the International Registry
  Privacy Policy
  Certification Practice Statement
  Manufacturers' Disclaimer
  Without limiting the foregoing, users agree that they have reviewed and accept the terms of the Manufacturers' Disclaimer, and that such agreement is made each time a user makes use of provided object identification information (whether in making registrations or searches), or the supplemental object identification materials relating thereto, each provided by the manufacturers.
Common Name: {{commonName}}
Serial Number: {{serialNumber}}
Issuer Common Name: {{issuerCommonName}}
Issuer Organisation: {{issuerOrganisation}}
Issued On: {{issuedDate}}
Expires On: {{expiryDate}}

Select Account


*

* By entering your password you are agreeing to be bound by and comply with the following documents:
  Terms and Conditions
  Regulations and Procedures for the International Registry
  Privacy Policy
  Certification Practice Statement
  Manufacturers' Disclaimer
  Without limiting the foregoing, users agree that they have reviewed and accept the terms of the Manufacturers' Disclaimer, and that such agreement is made each time a user makes use of provided object identification information (whether in making registrations or searches), or the supplemental object identification materials relating thereto, each provided by the manufacturers.
User ID: {{userId}}
Serial Number: {{serialNumber}}

No Active Digital Certificate found.

Please refer to the "How do I get started?" Section here. You can continue to view the site and search the registry with guest privileges.

You will need to apply and become an approved user of the Registry if you wish to register or consent to a registration. Once your application has been approved, you will be provided with a digital certificate that will allow you to log in and access restricted areas of the site.

Please refer to the "How do I get started?" Section on the "Home" page. You can continue to view the site and search the registry with guest privileges.

You will need to apply and become an approved user of the Registry if you wish to register or consent to a registration. Once your application has been approved, you will be provided with a digital certificate that will allow you to log in and access restricted areas of the site.

To access the International Registry, SecureSignIR must be installed and running on your PC.

If you have already installed SecureSignIR, please start it now.

If you have not yet installed the International Registry's SecureSignIR, please click here to download and complete the installation.

To access the International Registry, a compatible version of SecureSignIR must be installed and running on your PC.

Please download and install the latest version of SecureSignIR by clicking here.

Password:

Password incorrect

  By selecting Yes you are agreeing to be bound by and comply with the following documents:
  Terms and Conditions
  Regulations and Procedures for the International Registry
  Privacy Policy
  Certification Practice Statement
  Manufacturers' Disclaimer

Only registered users on the International Registry can download the Official Commentary.

If you are a registered user, please login to access the Official Commentary. If you are not currently a registered user, you can apply to become one by selecting the option below.