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September 2013 Cape Town Convention Journal 165
Generation II Of The International Registry Website
The Closing Room: A Transactional Approach to
Registrations
William B. Piels and Tan Siew Huay*
The International Registry, established pursuant to the Cape Town Convention and its Aircraft Protocol, will be
establishing a new generation of its website during its eighth year of operations. The most significant change that will occur
is the establishment of a closing room facility for assembling registrations. The closing room facility is expected to be in
operation by mid-year 2014. The closing room facility will enable registry users to assemble all the data required to make
the full set of registrations for a transaction, and will give the transaction participants the opportunity to review and agree
to revise a complete set of planned registrations, all in advance of conducting a closing and placing such registrations into the
International Registry data base. This article will examine the concepts underlying the closing room facility, describe the
process for using this new facility and consider some expected practices and questions.
1. Introduction
The international registry for aircraft
objects (the ‘International Registry’) was
established in March 2006 pursuant to
the Convention on International Interests
in Mobile Equipment (the ‘Convention’)
and the Protocol to the Convention on
Matters Specific to Aircraft Equipment (the
‘Protocol’), both signed at Cape Town on
November 16, 2001.1 Other articles in this
* William B. Piels is a partner in the law firm
Holland & Knight LLP and served as Chairperson of
the regulation drafting committee of the International
Registry Advisory Board (‘IRAB’). Tan Siew Huay
is Director (Legal) of the Civil Aviation Authority
of Singapore and served as Chairperson of the
Regulations drafting group of ICAO’s Commission
of Experts for the Supervisory Authority of the
International Registry (‘CESAIR’). The authors wish
to thank Rob Cowan, Susan Haught and Frank Polk
for their comments and other helpful contributions
to this article, and to Marla Weinstein and Nathan
Leavitt for their valuable assistance. The authors take
responsibility for any errors.
1 Also commonly referred to as the Cape Town Convention
2001 and the Protocol to the Cape Town Convention
2001, respectively.
journal have ably described the way in which
the International Registry has operated since
its inception, the supervisory framework
for the International Registry, and its
tremendous success as measured by how the
number of states adopting the Convention
has grown and by the virtual absence of
controversy regarding the operation of the
International Registry.2 This article describes
the way in which the International Registry
website is evolving to become a better
facility for the aircraft finance and leasing
community.
The Official Commentary identifies
the principal objective of the Convention
as facilitating the efficient financing
and leasing of mobile equipment.3 The
success of the International Registry has
2 Jane K. Winn, ‘The Cape Town Convention’s
International Registry: Decoding the Secrets of Success
in Global Electronic Commerce’ (September 2012)
Cape Town Convention Journal 25.
3 Roy Goode, Official Commentary on the Convention
on International Interests in Mobile Interests and Protocol
thereto on Matters Specific to Aircraft Equipment (3rd edn,
UNIDROIT 2013) (the ‘Official Commentary’), para
2.1.
Generation II of the International Registry Website – The Closing Room
166 Cape Town Convention Journal September 2013
been built upon the focus of its registrar4
(the ‘Registrar’) on the following elements of
the International Registry system, all of which
are essential to establishing the foundation for
an efficient registry of interests:
• careful adherence to the requirements
found in the Convention in relation to:
o what may be registered,
o who is required to act in order to effect
a registration, and
o what data is required to ensure the
accurate identification of an aircraft
object and constitute a valid registration
against it; and
• the willingness to explore, develop and
implement improved technological processes
that ensure data security and integrity,
system speed and system reliability.
With these elements in place, the Registrar
has expanded its focus to finding ways in which
the registration process can be streamlined and
the overall experience in using the International
Registry website can be enhanced.
The most recent development in the
evolution of the International Registry, which
occurred in September 2013, is referred to as
‘Generation II’, and it includes a comprehensive
redesign of the International Registry website
that will be implemented in two primary
phases.5 The Generation II website has been
thoughtfully reconstructed to provide users of
4 Pursuant to Article 17(2)(b) of the Convention,
Aviareto Limited, based in Dublin, Ireland, has been
appointed by the Supervisory Authority and serves as
Registrar for the International Registry.
5 The features of the International Registry system
that are available in Generation II are subject to the
ICAO Regulations and Procedures for the International
Registry (5th edn, 2013) doc 9864, http://www.icao.
int/publications/Documents/9864_5ed.pdf, accessed
August 13, 2013 (the ‘Regulations’). All references
herein to the ‘Regulations’ and to the ‘Procedures’ are
to those found in the currently effective and published
fifth edition, except that the Closing Room Regulation
(n 10) is found in the not yet published sixth edition.
Note that the section references in the fifth edition of
the Regulations differ substantially from those in the
sixth edition of the Regulations.
the system with a simpler and more intuitive
process for assembling and entering the
data required to place registrations into the
International Registry data base.
The most significant single innovation in the
first phase of the Generation II website is the
addition of what is referred to as the capability
for making multiple object registrations. This
new capability makes available features that
will enable the International Registry users to
group several aircraft objects together for the
purpose of registering the same international
interest against each of them. For example, an
aircraft consisting of three aircraft objects (an
airframe and two engines) may be grouped
together for the purpose of registering a
lease that is common to them all. Previously,
the registration process for constituting an
international interest registration with respect
to an aircraft object had to be completed in its
entirety before a registry user could go on to
a registration for the next object. As a result,
all the required information had to be entered
for each registration against each aircraft object
(e.g., certain information for the registry user,
names and capacity of the parties to, and the
type of, registrations, passwords to use the
system and payment information), necessitating
a great deal of repetitive data entry. The multiple
object registration facility will eliminate such
repetitive effort.
While the first phase of the Generation II
website will be a significant step forward in the
efficiency of the International Registry, the more
revolutionary development is scheduled to occur
in a second phase, which is expected to become
operational by midyear 2014.6 The second phase
of the Generation II website will include the establishment
of a new user facility called the ‘closing
room’.The Supervisory Authority7 has ap-
6 Email from Rob Cowan, Managing Director of
Aviareto Limited, to the authors (22 July 2013).
7 The International Civil Aviation Organization
(ICAO) is the Supervisory Authority for the
International Registry having been designated
by Resolution No. 2 adopted by the Diplomatic
Conference (held under the joint auspices of the
International Institute for the Unification of Private
Generation II of the International Registry Website – The Closing Room
September 2013 Cape Town Convention Journal 167
proved8 the new regulation (comprising Section
5.18 of the Sixth Edition of the Regulations and
its Appendix) that will allow for the establishment
of the closing room (the ‘Closing Room
Regulation’).9 An advance copy of the Closing
Room Regulation is attached as an Annex to
this article.10 The Closing Room Regulation will
be officially published and take effect before the
closing room facility becomes functional.
This article: (i) examines the principal
concepts underlying the closing room facility
and the structure of the Closing Room
Regulation; (ii) describes the user process for
creating a closing room on the International
Registry website, entering data and consents,
and releasing registrations for entry into the
International Registry data base; and (iii)
considers some expected user practices and
questions on the use of a closing room.
2. Closing Room Concepts and
Regulation Structure
A. Concepts
In the prior versions of the International
Registry website, all registrations were
submitted for entry into the International
Registry data base, and became effective,
on an object-by-object and registration-byregistration
basis, as soon as all the registration
data and consents for a particular registration
on a particular object had been assembled.
The multiple object registration capability
(coinciding with the Fifth Edition of the
Regulations) improves the efficiency of the
Law (‘UNIDOIT’) and ICAO at Cape Town from 29
October to 16 November 2001) pursuant to Article
XVII of the Protocol.
8 Convention, Article 17(2)(d).
9 The Supervisory Authority is advised by a
Commission of Experts for the Supervisory Authority
of the International Registry (CESAIR). CESAIR
considered the Closing Room Regulation and
recommended to the Council of ICAO its adoption
with certain modifications in April 2013.
10 The reproduction of the Closing Room
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