Europe, Others Hear of Success of Cape Town Global Aviation Finance Treaty
By Aviation Working Group awg, PRNEThursday, November 11, 2010
ROME, November 12, 2010 - In less than five years, the unique global treaty on leasing and
financing of commercial aircraft known as the Cape Town Convention has
already distinguished itself as a leading commercial law treaty.
"Cape Town is among the most successful commercial law treaties ever and
has established itself as the central legal text applicable to international
aviation financing and leasing," said Jeffrey Wool, secretary general of the
Aviation Working Group (AWG), a not-for-profit industry association.
Wool spoke this week to about 100 airline, government and industry
representatives who met here for a Cape Town Treaty Forum for Europe, the
Middle East and Africa.
AWG co-sponsored the event with Unidroit, the Rome-based independent
intergovernmental organization dedicated to private and commercial law, which
co-developed the treaty with the International Civil Aviation Organization.
The treaty itself has two elements - the Convention, which deals in
general with commercial transactions involving mobile assets, and the
Aircraft Protocol, which relates specifically to aircraft issues.
In essence, Cape Town creates a framework that expands the sources for
aircraft financing and reduces costs by minimizing legal risk in ratifying
countries.
Since taking effect in 2006, 34 nations including the U.S., China and
India have ratified Cape Town.
The Rome participants shared experiences from ratifying countries and
encouraged in-process nations to complete their ratifications in order to
realize treaty benefits.
"Cape Town now covers over half the world's aircraft transactions. This
strong base shows it's already a major success and gives us confidence that
it offers significant value," said Scott Scherer, senior V.P. for Boeing
Capital Corporation and AWG co-chairman.
The European Community ratified Cape Town in 2009, clearing the way for
member countries to individually ratify it. Unidroit organized a subsequent
designed process to help determine which actions European countries can take
given EU rules.
"With the clarity provided by the Unidroit process, our focus moves to
ratification by European countries, and the opportunity that presents to help
European airlines finance their future aircraft deliveries," said Claude
Brandes, Senior Director Customer Finance for Airbus and AWG co-chairman.
Aircraft financiers see possibilities for new financing sources through
structures enabled by increased lender protections made available under the
treaty's umbrella.
"As financial conditions continue to improve, we are looking to the
promise of what new capital markets structures can offer to aircraft funding,
as Cape Town's protections tie directly into the requirements for these
structures, including those of the rating agencies," said Patrick Käufer,
Managing Director for Debt Capital Markets at Deutsche Bank..
Speaking for Unidroit, its secretary-general, Jose Angelo Estrella Faria,
said the treaty represents the best of what industry interests and
governments can jointly accomplish.
"Cape Town is driven by the commercial objective of facilitating global
asset-based finance. That objective has been met, and more countries will
benefit as they ratify it. Today's event is another example of the close
cooperation between government and industry needed to continue to develop the
Cape Town treaty system."
www.awg.aero/contact.htm
Contacts:
Aviation Working Group - Jeffrey Wool: jeffrey.wool@awg.aero
Unidroit - John Atwood: j.atwood@unidroit.org
Contacts: Aviation Working Group - Jeffrey Wool: jeffrey.wool at awg.aero; Unidroit - John Atwood: j.atwood at unidroit.org
Tags: Aviation Working Group (awg), Italy, November 12, Rome, South Africa