Accession is done through Act of 12 November 2010 No 58 on International Interests in Mobile Equipment. The Act comes into force 1 April 2011.
The Cape Town Convention establishes a certain harmonisation and internationalisation of the regulations on international interests. It is only the Protocol on matters specific to aircraft that are currently covered by the Norwegian act.
The Cape Town Convention establishes an international registry where international interests can be registered. The International Registry is not a registry of ownership (a property register). The International Registry - International Registry of Mobile Assets - is a web-based registry currently operated by Aviareto. ICAO supervises the international registry.
For more information on the International Registry of Mobile Assets, see https://www.internationalregistry.aero
The Norwegian Civil Aircraft Register continue as before
Norwegian accession to the Cape Town Convention will not have any consequences for the Norwegian Civil Aircraft Register (NCAR) and encumbrances may be recorded as before. Accession of the Cape Town Convention establishes an opportunity for registration of international interests, including mortgages, in the International Registry of Mobile Assets. Registration of international interests can be done instead of, or in addition to, registration in the NCAR, provided that the requirements for registration of an international interest are met.
NCAR is a judicial registry where ownership has to be registered and encumbrances may be registered. The Aviation Act chapter 3 and Regulation of 5 February 2004 No. 393 on the registration of aircraft, establishes the requirements for this judicial registration. Norwegian registration marks can only be granted as part of registration of aircraft in the NCAR, cf. the Aviation Act § 3-5.
Existing encumbrances registered in the Norwegian Civil Aircraft Register
Norway has not made a declaration stating that the Convention's Article 60 shall apply. Norwegian accession to the Cape Town Convention does not have any effect for existing liens and other encumbrances registered in NCAR.
No Norwegian Entry Point
The Cape Town Convention allows for appointment of national Entry Points. It is not designated any such entry point for Norway.
The Norwegian Civil Aircraft Register does not provide guidance on the procedure and requirements for registration in the International Registry of Mobile Assets.
Irrevocable De-registration and Export Request Authorisation - IDERA
Article XIII of the Protocol apply in Norway. Any IDERAs must be submitted by the owners.
An IDERA must be in the form specified in the Annex to the Protocol. The original IDERA, signed by the owner in ink, must be submitted to NCAR in duplicate.
After receiving an IDERA, the Norwegian Civil Aircraft Register will record the IDERA accordingly. A fee for the registration will apply, cf. Regulation 18 February 2011 No. 185 on fees to the Civil Aviation Authority § 12.
Having received and registered the IDERA, only the authorised party may apply for export permit and request the de-registration of the aircraft from NCAR. There is no form for the request for de-registration. The request must clearly state which aircraft the request concerns and which entity (full name and address) who submits the request for de-registration.
The request for de-registration must be confirmed accordingly. When the request for de-registration is submitted by a non-Norwegian company/citizen, the request must be notarised by a Notary Public. The Notary Public must confirm that that the document is duly signed by the person acting on behalf of the authorised party. The notary must also confirm that the person/persons signing is/are empowered to bind the authorised party in matters of this nature.
We recommend the following text:
”I, the undersigned Notary Public, hereby confirm that this document is duly signed by (company), or legally acting on its behalf according to the laws of this country.”
The confirmation by the Notary Public must include an Apostille or a confirmation from a Norwegian consular agent, to certify the authenticity of the notary’s signature and his capacity.
The request for de-registration must be submitted in original to NCAR.