法邦网—法律法规查看

1 Mr. Robert Shiching Hsiao Chief, Business Division Coordination council for North American Affairs 133 Po Ai Road Dear Mr. Hsiao : May 8, 1986 AIT B-291 As evidenced by a recent unanimous resolution of the Security C-ouncil of the United Nations, there is a growing consensus thatterrorism attacks all systems of law and order. The Internation-al Civil Aviation Organization, as part of the effort to combatterrorism against civil aviation, has approved amendments to An-nex 17 of the Chicago Convention which, among other things, inc-lude a recommendation that appropriately strong language on avi-ation security be included in all bilateral civil aviation agre-ements. The subject of aviation security is treated in Article 6 of the"Air Transport Agreement between the American Institute in Taiw-an and the Coordination Council for North American Affairs'" wh-ich was signed in Washington, D.C. on March 5, 1980. However, t-he language contained in Article 6 of the aforementioned agreem-ent is not as adequate as that recently developed by the Intern-ational Civil Aviation Organization. Accordingly, I propose thatthe present Article 6 of the Agreement be replaced by a new Art-icle 6, the text of which is enclosed. The new Article 6 is clo-sely based on ICAO suggestions. This letter and your reply accepting the contents thereof willconstitute an agreement between the American Institute in Taiwanand the Coordination Council for North American Affairs to repl-ace the present Article 6 of the Agreement with a new Article 6.The new Article 6 will enter into force upon the date of your l-etter in reply and will remain in force for the life of the Agr-eement. Sincerely, [Signed] Philip t. Lincoln, Jr. Chief Economic/commercial Section Enclosure:a/s Artilce 6 Aviation Security The Parties, recognizing their responsibilities to develop inte-rnational civil aviation in a safe and orderly manner, reaffirmthat their obligation to protect,in their mutual relationship,the security of civil aviation against acts of unlawful interfe-rence forms and integral part of this Agreement. The Parties shall provide upon request all necessary assistanceto each other to prevent acts of unlawful seizure of aircraft a-nd other unlawful acts against the safety of passengers, crew,aircraft, airports and air navigation facilities and any otherthreat to aviation security. The Parties shall act in conformity with the provisions of theConvention on Offenses and Certain Other Acts committed on BoardAircraft, signed at Tokyo on September 14, 1963; the Conventionfor the Suppression of Unlawful Seizure of Aircraft, signed atThe Hauge on December 16, 1970; and the Convention for the Supp-ression of Unlawful Acts Against the Safety of Civil Aviation,signed at Montreal on september 23, 1971. The Parties shall, in their mutual relations, act in conformitywith the aviation security provisions established by the Intern-ational Civil Aviation Organization and designated as annexes tothe Convention on Interntional Civil Aviation; they shall requi-re that operators of aircraft registered in the territories rep-resented by the Parties or operators who have their principal p-lace of business or permanent residence in the territories repr-esented by the Parties and the operators of airports in the ter-ritories represented by the Parties act in conformity with suchaviation security provisions. Each Party agrees to observe the security provisions required byte other contracting Party for entry into the territory of thatother contracting Party and to take adequate measures to protectaircraft and to inspect passngers, crew, their carry-on itmes aswell as cargo and aircraftstores prior to and during boarding orloading. Each Party shal also give positive consideration to anyrequest from the other Party for special security measures to m-ett a particular threat. When an incident or threat of an incident of unlawful seizure ofaircraft or other unlawful acts against the safety of passengers, crew, aircraft, airports and air navigation facilities occurs,the Parties shall assist each other by facilitating communicati-ons and other appropriate measures intended to terminate rapidlyand safely such incident or threat thereof. When a party has reasonable grounds to believe that the other P-arty has departed from the aviation security provisions of thisArticle, the first Party may request immediate consultations wi-th the second Party. Failure to reach a satisfactory agreementwithin fifteen days from the date of such request will constitu-te grounds by the requesting Party to withhold, revoke, limit orimpose conditions on the operating authorization of technical p-ermission of an airline or airlines of the other Party. When re-quired by an emergency, a Party may take interim action prior tothe expiry of fifteen days. Ref No : (75) CCNAA 0986 July 28,1986 Communications Programs Office American Institute in Taiwan Taipei Office 7, Lane 134, Hsin Yi Road, Sec. 3, Taipei Attention : Ms. Deborah R. Schwartz Acting Chief Economic / Commercial Section Dear Ms. Schwartz : This refers to Mr. Lincoln's letter (AIT B-291) of May 8, 1986and its enclosure proposing a revision of Article 6 of the "AirTransport Agreement between the Coordination Council for NorthAmerican Affairs and the American Institute in Taiwan, " whichwas signed in Washington, D.C. on March 5, 1980. In reply, we are pleased to inform you that we accept the propo-sed contents of the new Article 6 and that your letter and thisletter will constitute an agreement between the American Instit-ute in Taiwan and the Coordination Council for North American A-ffairs to replace the present Article 6 of the Agreement with t-his new Article 6 and that the new Article 6 will enter into fo-rce on to-day's date and will remain in force for the life of t-he Agreement. Sincerely Yours, [Signed] Robert Shiching Hsiao Chief Business Division