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Overview

CDB signs $500 million leasing agreement for provision of eight Airbus A320 Aircraft to Aeroflot

Commitments (Constant USD, 2023)$532,063,190
Commitment Year2017Country of ActivityRussiaDirect Recipient Country of IncorporationChina (People's Republic of)SectorTransport And StorageFlow TypeLoan

Status

Project lifecycle

Implementation

Pipeline: PledgePipeline: CommitmentImplementationCompletion

Timeline

Key dates

Commitment date
Jan 1, 2017
Last repayment (originally scheduled)
Dec 29, 2028

Geospatial footprint

Map overview

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CDB signs a leasing agreement with Aeroflot Russian Airlines, headquartered in Moscow, Russia. More detailed locational information can be found at https://www.openstreetmap.org/node/5199601682.

Stakeholders

Organizations involved in projects and activities supported by financial and in-kind transfers from Chinese government and state-owned entities

Ultimate beneficial owners

At least 25% Chinese ownership

Funding agencies

State-owned Policy Banks

  • China Development Bank (CDB)

Receiving agencies

Joint Venture/Special Purpose Vehicles

  • AviaAM Financial Leasing China

Loan desecription

CDB signs $500 million leasing agreement for provision of eight Airbus A320 Aircraft to Aeroflot

Interest typeUnknownMaturity12 years

Narrative

Full Description

Project narrative

In 2017, the Henan Branch of China Development Bank (CDB) signed a $500 million agreement with AviaAM Financial Leasing China (AviaAM) — a joint venture between AviaAM Leasing (a Warsaw Stock Exchange-listed and Lithuania-headquartered aircraft leasing company) and Henan Civil Aviation Development and Investment Company (HNCA) — to lease eight Airbus A320 aircraft to Russian airliner Aeroflot for a 12-year period. The legal adviser for the transaction was DLA Piper. The first three aircraft were all delivered on the same day with two delivered in Toulouse and one in Hamburg. All eight aircraft were delivered by September 21, 2017. As a consequence of the February 24, 2022 invasion of Ukraine, Western government issued a number of sanctions on the Russian aviation and airline industry. As a result, a number of leasing companies cancelled their lease agreements with Russian airliners. Despite the cancellations, Russia acted to seize the leased aircraft to maintain a fleet of air-worthy aircraft and prevent foreign currency outflows (since leasing contracts are denominated in United States dollars) in violation of the Cape Town Convention, an international treaty that stipulates the return of leased aircraft to their owners when contracts are cancelled. On March 14, 2022, after the beginning of the 2022 Russian invasion of Ukraine, Russia passed a law to allow foreign-registered aircraft owned by non-Russian lessors to be placed on the Russian registry, making it likely that leasing companies would be unable to recover their assets. 10 Airbus A320-214 aircraft and three Airbus A321-211 owned by AviaAM Financial Leasing China — possibly including the eight leased under the 2017 agreement to Aeroflot and/or the 16 Airbus A320 and A321 aircraft leased under another 2017 agreement to Aeroflot (Record ID#67151) — were re-registered in Russia, making it likely that ICBC Leasing would fail to recover its aircraft.

Staff comments

1. AidData treats this lease as a loan. A lease is a contractual arrangement calling for the lessee (user) to pay the lessor (owner) for use of an asset. The lessor is the legal owner of the asset, while the lessee obtains the right to use the asset in return for regular rental payments. Under a capital lease (a financial arrangement where the lessee/borrower uses an asset and pays regular installments plus interest to the lender/lessor), rental payments are usually classified as interest and obligation payments, similarly to a mortgage (with the interest calculated each rental period on the outstanding obligation balance). 2. The cross-border DLA Piper team included lawyers from London, Shanghai and Moscow. The team was led by Finance partner Richard Skipper in London with assistance from associate Alison Balfour and included Asia senior partner Roy Chan, senior associate Luanne Lu and legal assistant David Zhang in Shanghai and partner Anna Otkina, legal director Philip Lamzin and senior associate Dmitry Perekrestov in Moscow. In addition, the team coordinated with legal counsel in Ireland, Bermuda and New York.