The Cape Town Convention on International Interests in Mobile Equipment, or Cape Town Treaty, is an international treaty intended to standardize transactions involving movable property. The treaty creates international standards for registration of contracts of sale (including dedicated registration agencies), security interests (liens), leases and conditional sales contracts, and various legal remedies for default in financing agreements, including repossession and the effect of particular states' bankruptcy laws.
Four protocols to the convention are specific to four types of movable equipment: Aircraft Equipment (aircraft and aircraft engines; signed in 2001), railway rolling stock (signed in 2007), space assets (signed in 2012) and "Mining, Agricultural and Construction Equipment" (signed in 2019). The aircraft Protocol entered into force in 2006, and the railway rolling stock Protocol entered into force in 2024.[1] The others are not yet in effect.
The treaty resulted from a diplomatic conference held in Cape Town, South Africa in 2001. The conference was attended by 68 countries and 14 international organizations. 53 countries signed the resolution proposing the treaty.[2] The treaty came into force on 1 March 2006,[3] and has been ratified by 57 parties. The Aircraft Protocol (which applies specifically to aircraft and aircraft engines) took effect on 1 March 2006 when it was ratified by 9 countries: Ethiopia, Ireland, Malaysia, Nigeria, Oman, Panama, Pakistan, and the United States.
Signatures and ratifications
As of 2024, the convention has been ratified by 87 states as well as the European Union. Most of those parties are also party to the Aircraft protocol. The railway rolling stock Protocol has been ratified by four countries (Gabon, Luxembourg, Spain and Sweden), as well as the European Union and came into effect in March 2024. The space assets Protocol has been ratified by no countries and remains not in force. An overview of the status of the treaty and protocols is shown below:
Instrument
Signature
Location
Entry into force
Signatures
Ratifications (required for entry into force)
Convention
16 November 2001
Cape Town
1 March 2006
28
88 (3)
Aircraft Protocol
16 November 2001
Cape Town
1 March 2006
23
85 (8)
Railway Rolling Stock Protocol
23 February 2007
Luxembourg
8 March 2024
8
5 (4)
Space Assets Protocol
9 March 2012
Berlin
-
4
0 (10)
Mining, Agricultural and Construction Equipment (MAC)
22 November 2019
Pretoria
-
7
0 (5)
European Union
The European Union joined the convention and the Aircraft Protocol as a Regional Economic Integration Organization. On the subject of the convention, both the Member states of the European Union and the Union itself have competence: e.g. while the substantive law regarding insolvency is regulated by the states, the conflict of law-rules (which county has jurisdiction etc.) is regulated by the European Union. According to the Government of the Netherlands the acceptance of the European Union in a member state which itself is not a party to the convention has no practical consequences.[4] The European Union ratified the Luxembourg Rail protocol in December 2014 as a Regional Economic Integration Organization on the same basis.
Protocols
Aircraft Protocol
Parties
Signed
Parties, also covered by EU's accession
Signatories, also covered by EU's accession
covered by EU's accession
Aircraft Protocol
The aircraft Protocol (officially: Protocol to the Convention on International Interests in Mobile Equipment on matters specific to aircraft equipment) was signed immediately with the treaty and the only protocol currently entered into force. It applies to aircraft which can carry at least eight people or 2750 kilograms of cargo, aircraft engines with thrust exceeding 1,750 pounds-force (7,800 N) or 550 horsepower (410 kW), and helicopters carrying five or more passengers. The International Registry of Mobile Assets established to record international property interests in the aircraft equipment covered by the treaty is located in Ireland. Mediation cases for leasing disputes are to be heard in the High Court of Ireland.[5] As of 2022, the protocol has 81 contracting parties, which includes 80 states and the European Union.
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The Railway Rolling Stock Protocol, or Luxembourg Rail Protocol, officially the Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Railway Rolling Stock was adopted on 23 February 2007 at a diplomatic conference in Luxembourg and applies to railway rolling stock (broadly defined as "vehicles movable on a fixed railway track or directly on, above or below a guideway"). It came into force on 8 March 2024.
The protocol establishes an international registry located in Luxembourg at which all international interests under the protocol will be registrable. The registry will also issue unique identifiers for rolling stock on request. Regulis S.A., a subsidiary of SITA, was appointed in November 2014 to act as Registrar.
The protocol required ratification by 4 countries, together with a certification by the secretariat to the Supervisory Authority that the registry is fully operational, in order to enter into force. Currently, it has been signed by France, Gabon, Germany, Italy, Luxembourg, Mozambique, South Africa, Spain, Switzerland, Sweden, the UK as well as the European Union, while it has been ratified by the European Union and 4 states: Gabon, Luxembourg, Spain and Sweden.
Space Assets
The Space Assets protocol, or Berlin Space Protocol[6] (officially Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Space Assets) was concluded on 9 March 2012 and requires 10 ratifications before entry into force.[7] The protocol applies to objects functioning in space like satellites or satellite parts.[8] The convention was strongly opposed by the satellite industry, claiming that it would lead to increased bureaucracy and "make the financing of new satellite projects more difficult and expensive".[9] The convention has been signed by 5 countries (Burkina Faso, Germany, Saudi Arabia, United States and Zimbabwe), but no country has ratified it.
Mining, Agricultural, and Construction (MAC) Equipment
On 22 November 2019, a fourth protocol to the convention was adopted to extend the convention's framework to mining, agricultural, and construction (MAC) equipment, named Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to mining, agricultural, and construction equipment.[10] The protocol was signed by 4 states (Congo, Gambia, Nigeria and Paraguay) upon its adoption and requires 5 ratifications before entry into force (provided the registry is operational then). On 1 October 2020, the United States of America signed the MAC Protocol and in 2022 the European Union bringing the total number of signatories to 6[11]
