DIRECTIVE ABOUT THE RECORDATION, CANCELLATION AND EXECUTION BY CIVIL AVIATION GENERAL
DIRECTORATE OF IRREVOCABLE DEREGISTRATION AND EXPORT REQUEST AUTHORISATION (IDERA) FORM
Intention, Scope, Base and Definitions and Provisions Applicable in Priority
ARTICLE 1 – (1) The intention of this Directive is to regulate the procedures and principles for the recordation, cancellation and execution of the Irrevocable Deregistration and Export Request Authorisation Form (IDERA) covered by “Convention on International Interests in Mobile Equipment” and “Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment”.
ARTICLE 2 – (1) This Directive covers the matters regulated in “Convention on International Interests in Mobile Equipment” and “Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment” and aircraft.
ARTICLE 3 – (1) This Directive is prepared based on the Law on the Ratification, together with Declarations, of “Convention on International Interests in Mobile Equipment” and “Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment” No: 6192 dated 10/3/2011, Turkish Civil Aviation Law No: 2920 dated 14/10/1983 and Law About the Organisation and Duties of Civil Aviation General Directorate No: 5431 dated 10/11/2005.
ARTICLE 4 – (1) In this Regulations:
a) Form: means the Irrevocable Deregistration and Export Request Authorisation Form (IDERA) attached to the Protocol;
b) General Directorate: means Civil Aviation General Directorate;
c) Protocol: means Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment;
ç) Registry; means the “aircraft registry” regulated in Article 50 of Law No: 2920;
d) Convention; means Convention on International Interests in Mobile Equipment;
e) Authorisation Cancellation Form: means the Irrevocable Deregistration and Export Request Authorisation Cancellation Form attached hereto as Annex 2.
(2) The terms used in this Directive shall have the same meanings with the words used in the Convention and Protocol, without any further definition.
Provision Applicable in Priority
ARTICLE 5 – (1) Based on Article 68/A of Turkish Civil Aviation Law dated 14.10.1983, in the event of any conflict based on different provisions on the same subject of the laws and the Convention and Protocol, then the provisions of Convention and Protocol shall supersede.
Recordation of the Form
Form and Application
ARTICLE 6 – (1) Based on the form attached to the Protocol, upon submission of the Form to the General Directorate by the Debtor, Form shall be recorded by the General Directorate according to Article XIII, paragraph 2 of the Protocol.
(2)The Form must:
(a) include a notarised statement as indicated in Annex-1 to this Directive,
(b) In the event that the owner and the authorised party are different, then must include documents indicating the consent of the owner on this,
(c) be filed to the General Directorate with a letter covering the address details of the authorised party; in the event that the address is abroad then must cover the address of the authorised party or its representative in Turkey.
(3) If the Form is executed by the Debtor in the country, then the Form must:
(a) be notarised in Turkish and English versions,
(b) be confirmed by a sworn translator that the texts of the forms in Turkish and English are same.
(4) If the Form is executed by the Debtor abroad, then it must be executed in English and apostilled as permitted by the relevant rules or consularised by the Consulate of Republic of Turkey and must include an approved Turkish translation by a sworn translator.
(5) In the event that the Form is submitted in deficiency or different than the Form attached to the Protocol, then the form shall not be accepted by the General Directorate and shall be returned to the applicant.
(6) Upon submission of the Form by the Debtor to the General Directorate, covering the conditions stipulated in this Article, in accordance with the procedure, the Debtor agrees that the Authorised Party may, at any time:
(a)procure deregistration of the aircraft, subject of the Form, from the Aircraft Registry held by the General Directorate for the purposes of International Civil Aviation Convention signed At Chicago on
07 December 1944;
(b) procure export and physical transfer of the Aircraft from Republic of Turkey.
Preservation of the Form
ARTICLE 7 – (1) If the Aircraft:
a) is registered, then the Form shall be recorded in the related page of Turkish Aircraft Registry where the aircraft is registered and the date and in-document register number shall be recorded. This Form shall be preserved in the file of the related aircraft.
b) is not registered, then registration of the aircraft in the Registry shall be awaited. Form shall be recorded following the registration of the related aircraft. In this case the Form shall be recorded with the date and in-document register number of the General Directorate.
(2) If the aircraft is not registered, then is must be registered within thirty (30) days following the date the Form is filed to the General Directorate. In the event that this thirty (30) days period is exceeded then the form shall be returned to the applicant.
(3) The execution date of the Form must be a date on or after the execution date of the agreement.
(4) Letter of the General Directorate about the recordation of the Form shall be sent to the related parties within 15 business days.
(5) Only one form may be issued for an aircraft. In the event that the General Directorate is requested to record more than one Form, then the Form with earlier date and in-document register number in the records of the General Directorate, shall be recorded.
Change in the Authorised Party
ARTICLE 8 – (1) In the event that, based on an agreement between the parties, the Authorised Party ceases to be the creditor and this fact is proven by the documents submitted to the General Directorate, then no transaction may be made based on the existing Form.
(2) In the event of change in the name or amalgamation of the authorised party, the formed form shall continue to be valid for the new name or amalgamated company provided that the approved documents obtained from the official authorities about name changed or amalgamation are submitted to the General directorate.
(2)If a new Form is signed by the debtor in favour of the new Authorised Party and submitted to the General Directorate according to Article 6 of this Directive, then this Form shall be recorded.
(3)According to Article XIII, 3rd paragraph of the Protocol, the authorised party or any person appointed by it in written shall be the only person who may use the rights arising from Article IX (1) of the Convention and the Form. This right may not be transferred to any person.
Cancellation of the of Irrevocable Deregistration and Export Authorisation Form
ARTICLE 9 – (1) Form may not be revoked only by the Debtor without the written consent of the Authorised Party. Form shall be cancelled upon submission by the Authorised Party to the General Directorate of the “Authorisation Cancellation Form” in Annex-2 of this Directive with a letter.
(2)The application of the Authorised Party, must include:
a)Registration mark, type and model, serial number and record number details of the aircraft,
b)date of and explanatory information about the Form and date and in-document register number in the records of the General Directorate,
(3)The Authorisation Cancellation Form must:
a)be executed by the Authorised Party before a public notary; and if it is executed abroad then it must be apostilled as permitted by the relevant rules or consularised by the Consulate of Republic of Turkey,
b)in the event that Form is issued in Turkish then the original in Turkish be submitted together with an English translation by the sworn translator, and in the event that Form is issued in English then the original in English be submitted together with a Turkish translation by the sworn translator.
(4)In the event that the Authorisation Cancellation Form is submitted in deficiency then the Authorisation Cancellation Form shall not be accepted by the General Directorate and shall be returned to the applicant.
Deregistration and export request
Deregistration and export request
ARTICLE 10 – (1) Based on the Form which was submitted earlier according to the procedure, the Authorised Party, will apply the General Directorate with a letter covering its deregistration and export request for the aircraft.
(2) Deregistration and Export request must include the following:
a) Registration mark, type and model, serial number and record number details of the aircraft,
b) the country where the aircraft will be exported,
c) document about the authority of the requesting party and its signature,
ç) Copy of the International Registry Search Certificate dated by the request date or a statement that there is no security registered in the International Registry on the aircraft,
d) original request letter
e) Motor Vehicles Tax Clearance Document.
f) Receipt that the aircraft deregistration service fee is deposited.
(3) Deficient applications shall not be honoured by the General Directorate.
(4) General Directorate, according to the duties and authorities granted with the related rules and arrangements, with regard to the remedies indicated in Article IX(1) of the Protocol, will perform the request within five business days following the creditor informing the General Directorate that it is authorised to exercise the remedies indicated in Article IX(1) of the Protocol.
(5) General Directorate, in performing the legal remedies indicated in Article IX(1) of the Protocol and in deregistering and performing the export transactions of the subject aircraft, shall not ask for a document or approval about deregistration of the agreement.
(6) In the event that Export Airworthiness Certificate is requested from the General Directorate, then the following information and documents must be submitted:
a) Export airworthiness certificate application form,
b) the country where the aircraft will be exported,
c) Document evidencing that the aircraft export airworthiness certificate service fee is deposited.
(7) Following the date on which the requirements indicated in paragraph six are fulfilled:
a) If the aircraft is in the country, then within five business days, or if it may not be brought to the country for inspection then within 30 days the export airworthiness certificate will be issued.
b) If the export airworthiness certificate is requested, then deregistration shall be affected following the issuance of the export airworthiness certificate.
(8) In the event that the aircraft is deregistered in the register according to this Directive then the operator of the aircraft, lately within five business days following deregistration shall procure delivery of continuous airworthiness documents indicated in IR M.A.305 indicated in Continuous Airworthiness and Maintenance Liability Directive and operator technical record system indicated in IR M.A. 306.
Various and Final Provisions
ARTICLE 11 – (1) Upon effectiveness of this Directive, then Directive About the Recordation, Cancellation and Execution of Irrevocable Deregistration And Export Request Authorisation (IDERA) Form dated 01 April 2013 shall be null and void.
ARTICLE 14 – (1) This Directive will be effective on 07 July 2014.
ARTICLE 15 – (1) The provisions of this Directive will be implemented by the Civil Aviation General Manager.
Annex - 1
Based on the irrevocable de-registration and export request authorisation form, submitted by us to Civil Aviation General Directorate, issued on … …. in favour of the creditor/authorised party ……. according to the authorisation granted by Article XIII of Protocol to the Convention on International Interests in Mobile Equipment on Matters Specific to Aircraft Equipment;
We agree that the Authorised Party may, at any time upon request:
a) procure deregistration of the aircraft, subject of the Form, from the Aircraft Registry held by the General Directorate for the purposes of International Civil Aviation Convention signed At Chicago on
07 December 1944;
b) procure the export and physical transfer of the aircraft object from Republic of Turkey, and
We declare that, based on the declaration of Republic of Turkey regarding Article 54(2) of the Protocol stating that “The Republic of Turkey declares that all remedies available to the creditor under the Convention which are not expressed under the relevant provision thereof to require application to the court may be exercised, without court action and without leave of the Court”, we are aware and we have agreed that any documents, within the scope of the declaration made regarding Article 54(2) of the Protocol, will not be required by Civil Aviation General Directorate while the rights created to the favour of the authorised party/creditor by the aforementioned Form are used, and that we shall not make any claim and request regarding the transactions to be executed by the Civil Aviation General Directorate.
Name of the Operator/Owner
Name of the Signatory On behalf of the Operator/Owner
Title of the Signatory
Annex - 2
FORM OF IRREVOCABLE DE-REGISTRATION AND EXPORT REQUEST AUTHORISATION CANCELLATION FORM
To: Civil Aviation General Directorate
Re: Cancellation of Irrevocable De-Registration and Export Request Authorisation
This instrument is related with the cancellation of the …. dated irrevocable de-registration and export request authorisation issued by the undersigned and providing irrevocable deregistration and export authority in favour of the creditor/ authorised party ……………. under the authority of Article XIII of the Protocol to the Convention on International Interests in Mobile Equipment on Matters specific to Aircraft Equipment, recorded in the register with the following information with …. record number on ……….
Registered Operator/ Owner – Signatory:
Aircraft/Helicopter manufacturer name:
Manufacturers model number:
Manufacturers serial number:
Registration number/mark: (together with all installed, incorporated or attached accessories, parts and equipment, the “aircraft”)
I hereby inform you that I waive all my rights and benefits indicated to be to the benefit of the authorised party/ creditor indicated in the Form which was approved in relation to the aforementioned aircraft on …. and recorded in the register with …... record number on ……….
Name of the Operator/Owner:
Name of the Signatory On behalf of the Operator/Owner:
Title of the Signatory: Address and Communication Data: