[Code of Federal Regulations]

[Title 14, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR47.37]



[Page 917-918]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION

 

PART 47_AIRCRAFT REGISTRATION--Table of Contents

 

             Subpart B_Certificates of Aircraft Registration

 

Sec. 47.37  Aircraft last previously registered in a foreign country.



    (a) A person who is the owner of an aircraft last previously 

registered under the law of a foreign country may register it under this 

part if he--

    (1) Complies with Sec. Sec. 47.3, 47.7, 47.8, 47.9, 47.11, 47.13, 

47.15, and 47.17, as applicable;

    (2) Submits with his application a bill of sale from the foreign 

seller or other evidence satisfactory to the Administrator that he owns 

the aircraft; and

    (3) Submits evidence satisfactory to the Administrator that--

    (i) If the country in which the aircraft was registered has not 

ratified the Convention on the International Recognition of Rights in 

Aircraft (4 U.S.T. 1830), the foreign registration has ended or is 

invalid; or

    (ii) If that country has ratified the convention, the foreign 

registration has ended or is invalid, and each holder of a recorded 

right against the aircraft has been satisfied or has consented to the 

transfer, or ownership in the country of export has been ended by a sale 

in execution under the terms of the convention.

    (b) For the purposes of paragraph (a)(3) of this section, 

satisfactory evidence of termination of the foreign registration may 

be--

    (1) A statement, by the official having jurisdiction over the 

national aircraft registry of the foreign country, that the registration 

has ended or is invalid, and showing the official's name and title and 

describing the aircraft by make, model, and serial number; or

    (2) A final judgment or decree of a court of competent jurisdiction 

of the foreign country, determining that, under the laws of that 

country, the registration has become invalid.



[Doc. No. 7190, 31 FR 4495, Mar. 17, 1966, as amended by Amdt. 47-20, 44 

FR 61940, Oct. 29,1979; Amdt. 47-26, 68 FR 10317, Mar. 4, 2003]



    Effective Date Note: At 70 FR 245, Jan. 3, 2005, Sec. 47.37 was 

amended by revising the introductory language of paragraph (a) and 

paragraphs (a)(2) and (a)(3), effective concurrent with the date the 

Cape Town Treaty enters into force with respect to the United States. 

For the convenience of the user, the revised text is set forth as 

follows:



Sec. 47.37  Aircraft last previously registered in a foreign country.



    (a) A person who is the owner of an aircraft last previously 

registered under the law of a foreign country may register it under this 

part if the owner--



                                * * * * *



    (2) Submits with his application a bill of sale from the foreign 

seller or other evidence satisfactory to the FAA that he owns the 

aircraft; and

    (3) Submits evidence satisfactory to the FAA that--

    (i) If the country in which the aircraft was registered has not 

ratified the Convention on the International Recognition of Rights in 

Aircraft (4 U.S.T. 1830), (the Geneva Convention), or the Convention on 

International Interests in Mobile Equipment, as modified by the Protocol 

to the Convention on International Interests in Mobile Equipment on 

Matters Specific to Aircraft Equipment (the Cape Town Treaty), the 

foreign registration has ended or is invalid; or

    (ii) If that country has ratified the Geneva Convention, but has not 

ratified the Cape Town Treaty, the foreign registration has



[[Page 918]]



ended or is invalid, and each holder of a recorded right against the 

aircraft has been satisfied or has consented to the transfer, or 

ownership in the country of export has been ended by a sale in execution 

under the terms of the Geneva Convention; or

    (iii) If that country has ratified the Cape Town Treaty and the 

aircraft is subject to the Treaty, that the foreign registration has 

ended or is invalid, and that all interests ranking in priority have 

been discharged or that the holders of such interests have consented to 

the deregistration and export of the aircraft.

    (iv) Nothing under (a)(3)(iii) affects rights established prior to 

the Treaty entering into force with respect to the country in which the 

aircraft was registered.



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