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MODEL IMPLEMENTING IDERA REGULATION SUMMARY POWERPOINT FIRST EDITION NOVEMBER 2014
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IDERA Irrevocable De-registration Request AuthorisationIDERA De-registration of an Aircraft Export of an Aircraft Object Declaration under Protocol art. XXX(1) enabling Protocol arts. XIII and IX(5)
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Structure of the Model Regulation Introduction General Refereneces Treaty Background Recordation of IDERA or Certified Designation Cancellation of IDERA or Certified Designation DeregistrationExportForms. 3
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Introduction Purpose Provide procedures for: (a) Recording and cancelling an IDERA, and (b) De-registering Aircraft and exporting Aircraft Objects. Regulation Describe the rules adopted by the relevant authority. Effective date and partial application to prior-recorded IDERAs. Primacy of regulation – cancellation of conflicting, prior rules. Adaptation to Local Requirements Adapted to local requirements, customs, and terminology: ‘circular,’ ‘directive,’ ‘advisory,’‘instruction’ or other term that best describes the applicable form and process, and scope for local signing formalities / procedures.
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General References Authority The [ name of civil aviation authority or other authority ] of [ name of state ] has authority to issue this regulation under [ cite relevant law or regulation ]. Effective Date The regulation is effective on [ date ], provided that 4.2, 5, and 6 apply to an IDERA Recorded by the Registry Authority prior to that date. Reference Documents Relevant Aviation Law or Regulation. Specific Aircraft Registration Laws. Convention on International Interests in Mobile Equipment, 2001. Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment, 2001. Cancelled Documents Specify any regulations or other documents canceled or superseded by this regulation, without limiting 3.2 [primacy of Treaty]. Defined Terms The terms used in the regulations with no definition have the meaning given in the Convention and Protocol, respectively.
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Background Core Legal Principles Governmental Structure Effectiveness Proper Implementation Contracting State State is a Contracting State to Convention & Protocol, and has made a declaration under Article XXX(1) of the Protocol Treaty prevails over conflicting law Civil Aviation Authority Record a properly submitted IDERA Record a properly submitted Designation Honor a De-Registration and Export Request Administration of changes - cancellations
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IDERA Recordation submitted in writing to the Registry Authority, substantially in the form of Annex 1, identifies an Aircraft registered or to be registered in the Registry, and signed in accordance with local formalities, as set out in Annex 5. EFFECTIVE IDERA RECORDATION Registry Authority will accept and Record IDERA, within five working days, if:
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Recordation of a Designation submitted in writing to the Registry Authority, substantially in the form of Annex 2, identifies a Recorded IDERA or an IDERA submitted with that Designation, and signed in accordance with local formalities, as set out in Annex 5. EFFECTIVE DESIGNATION RECORDATION Registry Authority will accept and Record a Designation, within five working days, if :
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Registry Authority will not record or honor an IDERA or Designation if an existing IDERA or Designation has not been revoked. Registry Authority will Record an IDERA or Designation within 5 working days and if requested will promptly confirm that Recordation is complete. Registry Authority will acknowledge receipt by signing or stamping a duplicate copy or will confirm simultaneous recordation. Acknowledgment by Registry Authority Timeframe to Record Single IDERA\ Designation Sole Person Authorized to Enforce Recordation Formalities and Effects The Authorised Party or Certified Designee is the sole person authorised to exercise IDERA remedies.
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Cancellation of an IDERA or Designation Revocation is submitted in writing substantially in the form of Annex 4 Identifies a recorded IDERA or Designation Signed in line with Annex 5 by Authorised Party or Certified Designee Applicant has no power to cancel or revoke IDERA or Designation IDERA or Designation revoked and of no further effect
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Effects of Revocation No acceptance of De-Registration Request from Authorised Party, i f an IDERA has been revoked by the Authorised Party. No acceptance of De-Registration Request from Certified Designee, if the Designation has been revoked by Certified Designee. Validity of an IDERA is not affected by revocation of a related Designation.A B C
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De-registration and Export submitted substantially in the form of Annex 3, identifies a Recorded IDERA, and signed in line with Annex 5 by: Authorised Party, if no Designation Certified Designee, if a Designation. The Registry Authority will accept a Request for De-registration and Export if : ACCEPTANCE OF REQUEST FOR DE-REGISTRATION AND EXPORT
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Aviation Authority’s Action upon Request Principal Obligations Timing Non- Conditions II Non- Conditions I * Honoring a Request may involve De-Registration, Export or both, depending upon circumstances. Effect De-registration of the Aircraft Facilitate Export of the Aircraft and any Related Engines Without: Consent or approval from Applicant Court order Need for Registry Authority to investigate external facts Imposing additional requirements Whether or not: Request submitted by person having possession of Aircraft or Related Engines Related Engine is installed on Aircraft De-Registration within 5 working days Expeditious cooperation standard applies
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Export Remedies Exercise of export remedies is subject to applicable aviation safety laws and regulations Limited to laws that permit the operation in its airspace of an aircraft under a ferry or other special flight permit issued by the aviation authority of the state of registration of the aircraft These laws and regulations do not include any requirement for: the issuance of an export certificate of airworthiness, or production of any document in the possession of, or any action taken by, the operator of the aircraft
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Effects of a De-Registration Request To the extent within its reasonable control, the Authorised Party is responsible – following and not as a condition to – the De-registration and Export: removing or covering the Registry’s nationality marks on an Aircraft, returning to the Registry Authority the original certificate of registration returning the original certificate of airworthiness for an Aircraft, and changing the transponder code Aircraft may not be operated unless and until it is re-registered and can be lawfully operated under applicable airworthiness rules Request will be honored without regard to the identity of the engines and other equipment then installed on the Aircraft Export remedies will be made available for any Related Engines which are not then installed on the AircraftA B C D
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Assignments Rights under the documents set out in this regulation may not be assigned EXCEPT with express consent of the Registry Authority
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Annexes IDERA Designation De-Registration and Export Request Revocation Formalities1 2 3 4 5
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