[Congressional Record Volume 150, Number 99 (Friday, July 16, 2004)]
[Senate]
[Page S8277]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     EXECUTIVE REPORT OF COMMITTEE

  The following executive report of committee was submitted:

       By Mr. LUGAR, from the Committee on Foreign Relations:

 [Treaty Doc. 108-10  Convention on International Interests in Mobile 
  Equipment and Protocol to Convention on International Interests in 
               Mobile Equipment (Exec. Rept. No. 108-14)]

    Text of Committee-Reported Resolution of Advice and Consent To 
                       Ratification to the Treaty

       Resolved (two-thirds of the Senators present concurring 
     therein),

     SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO DECLARATIONS.

       The Senate advises and consents to the ratification of the 
     Convention on International Interests in Mobile Equipment 
     (hereafter in this resolution referred to as the 
     ``Convention'') and the Protocol to the Convention on 
     International Interests in Mobile Equipment on Matters 
     Specific to Aircraft Equipment (hereafter in this resolution 
     referred to as the ``Protocol''), concluded at Cape Town, 
     South Africa, November 16, 2001 (T. Doc. 108-10), subject to 
     the declarations of section 2 and section 3.

     SEC. 2. DECLARATIONS RELATIVE TO THE CONVENTION

       The advice and consent of the Senate under section 1 is 
     subject to the following declarations relative to the 
     Convention:
       (1) Pursuant to Article 39 of the Convention--
       (A) all categories of non-consensual rights or interests 
     which under United States law have and will in the future 
     have priority over an interest in an object equivalent to 
     that of the holder of a registered international interest 
     shall to that extent have priority over a registered 
     international interest, whether in or outside insolvency 
     proceedings; and
       (B) nothing in the Convention shall affect the right of the 
     United States or that of any entity thereof, any 
     intergovernmental organization in which the United States is 
     a member State, or other private provider of public services 
     in the United States to arrest or detain an aircraft object 
     under United States law for payment of amounts owed to any 
     such entity, organization, or provider directly relating to 
     the services provided by it in respect of that object or 
     another object.
       (2) Pursuant to Article 54 of the Convention, all remedies 
     available to the creditor under the Convention or Protocol 
     which are not expressed under the relevant provision thereof 
     to require application to the court may be exercised, in 
     accordance with United States law, without leave of the 
     court.

     SEC. 3. DECLARATIONS RELATIVE TO THE PROTOCOL.

       The advice and consent of the Senate under section 1 is 
     subject to the following declarations relative to the 
     Protocol:
       (1) Pursuant to Article XXX of the Protocol--
       (A) the United States will apply Article VIII of the 
     Protocol;
       (B) the United States will apply Article XII of the 
     Protocol; and
       (C) the United States will apply Article XIII of the 
     Protocol.
       (2)(A) Pursuant to Article XIX of the Protocol--
       (i) the Federal Aviation Administration, acting through its 
     Aircraft Registry, FAA Aeronautical Center, 6400 South 
     MacArthur Boulevard, Oklahoma City, Oklahoma 73125, shall be 
     the entry point at which information required for 
     registration in respect of airframes or helicopters 
     pertaining to civil aircraft of the United States or aircraft 
     to become a civil aircraft of the United States shall be 
     transmitted, and in respect of aircraft engines may be 
     transmitted, to the International Registry; and
       (ii) the requirements of chapter 441 of title 49, United 
     States Code, and part 49 of title 14, Code of Federal 
     Regulations, shall be fully complied with before such 
     information is transmitted at the Federal Aviation 
     Administration to the International Registry.
       (B) For purposes of the designation in subparagraph (A)(i) 
     and the requirements in subparagraph (A)(ii), information is 
     transmitted at the Federal Aviation Administration in 
     accordance with procedures established under United States 
     law.
       (C) In this paragraph, the term ``civil aircraft of the 
     United States'' has the meaning given that term in section 
     40102(17) of title 49, United States Code.

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