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    内容提示: Aviation Security Law Ruwantissa AbeyratneAviation Security Law Dr. Ruwantissa AbeyratneInternational Civil Aviation Organization999 University StreetMontreal H3C 5H7, QuebecCanadatabeyratne@icao.intISBN 978-3-642-11701-5DOI 10.1007/978-3-642-11703-9Springer Heidelberg Dordrecht London New Yorke-ISBN 978-3-642-11703-9Library of Congress Control Number: 2010928430# Springer-Verlag Berlin Heidelberg 2010This work is subject to copyright. All rights are reserved, whether the whole or part of the material ...

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    Aviation Security Law Ruwantissa AbeyratneAviation Security Law Dr. Ruwantissa AbeyratneInternational Civil Aviation Organization999 University StreetMontreal H3C 5H7, QuebecCanadatabeyratne@icao.intISBN 978-3-642-11701-5DOI 10.1007/978-3-642-11703-9Springer Heidelberg Dordrecht London New Yorke-ISBN 978-3-642-11703-9Library of Congress Control Number: 2010928430# Springer-Verlag Berlin Heidelberg 2010This work is subject to copyright. All rights are reserved, whether the whole or part of the material isconcerned, specifically the rights oftranslation, reprinting, reuse ofillustrations, recitation, broadcasting,reproduction on microfilm or in any other way, and storage in data banks. Duplication ofthis publicationor parts thereof is permitted only under the provisions of the German Copyright Law of September 9,1965, in its current version, and permission for use must always be obtained from Springer. Violationsare liable to prosecution under the German Copyright Law.The use ofgeneral descriptive names, registerednames, trademarks, etc. in this publication does not imply,even in the absence ofa specific statement, that such names are exempt from the relevant protective lawsand regulations and therefore free for general use.Cover design: WMXDesign GmbH, Heidelberg, GermanyPrinted on acid-free paperSpringer is part of Springer Science+Business Media (www.springer.com) PrefaceAviation is an important global business and a significant driver of the globaleconomy. It is vital, therefore, that stringent measures are taken to counter acts ofunlawful interference with civil aviation. The Convention on International CivilAviation signed at Chicago on 7 December1944, states in its Preamble that whereasthe development of civil aviation may help preserve friendship and understandingamong the people of the world, yet, its abuse could become a threat to generalsecurity.The genealogy of the term “Terrorism” lies in Latin terminology meaning “tocause to tremble” (terrere). Since the catastrophic events of 11 September 2001,we have seen stringent legal measures taken by the United States to attackterrorism, not just curb it. The famous phrase “war on terror” denotes pre-emptiveand preventive strikes carried out through applicable provisions of legitimatelyadopted provisions of legislation. The earliest example is the Air TransportationSafety and System Stabilization Act (ATSAA) enacted by President Bush lessthan two months after the 9/11 attacks. Then, two months after the attacks, inNovember 2001, Congress passed the Aviation and Transportation Security Act(ATSA) with a view to improving security and closing the security loopholeswhich existed on that fateful day in September 2001. The legislation paved theway for a huge federal body called the Transportation Security Administration(TSA) which was established within the Department of Transportation. TheHomeland Security Act of 2002 which followed effected a significant reorgani-zation of the Federal Government.All this goes to show that the law plays a significant role in ensuring aviationsecurity. This book addresses new and emerging threats to civil aviation; evaluatessecurity tools now in use such as the Public Key Directory, Advance PassengerInformation, Passenger Name Record and Machine Readable travel documents inthe context of their legal and regulatory background; and discusses applicablesecurity treaties while providing an insight into the process of the security auditsconducted by the International Civil Aviation Organization (ICAO).v The book also examines issues of legal responsibility of States and individualsfor terrorist acts of third parties against civil aviation and discusses from a legalperspective the latest liability Conventions adopted at ICAO. The Conclusion ofthe book provides an insight into the application of legal principles through riskmanagement. Since the writing of this book, the author published three featurearticles entitled, The NW Flight 253 and the Global Framework of AviationSecurity (Air and Space Law, Volume 35 Issue 2 April 2010 167–182); The Useof Full Body Scanners and Their Legal Implications; and The Use of ForgedPassports for Acts of Criminality (both of which could be accessed through theweb page of the Journal of Transportation Security (Springer). These three articlesform a useful adjunct to this book.Montreal, CARuwantissa AbeyratneviPreface Contents1A Security Culture ................................. ........................A.A Risk-Based Approach...................... .........................B.The ICAO Response.......................... .........................I.The ICAO High-Level Ministerial Conference ................II.Post Conference Work .........................................C.Emerging Threats............................. .........................I.Probability ......................................................II.Reacting to Probability ........................................ 10III.Deterrence ..................................................... 13IV.Problems of Deterrence ....................................... 14V.Threat Assessment in ICAO .................................. 16VI.The AVSEC Panel............................................ 19VII.Bioterrorism ................................................... 21VIII.Cyber-Terrorism.............................................. 24IX.MANPADS .................................................... 25X.The Diverse Nature of Missile Attacks ....................... 29XI.Installation of an Anti-missile System ........................ 32XII.The Perimeter Guard .......................................... 32XIII.International Accord.......................................... 33XIV.Other Current Threats ......................................... 36References .. ........................................ ........................1122799362Principles of Responsibility ........................ .......................A.State Responsibility ........................... ........................I.Principles of State Responsibility ......................... .... 42II.The Theory of Complicity ................................ .... 42III.Mechanisms for Extradition of Offenders:The Lockerbie Case ....................................... .... 43IV.The Condonation TheoryV.The Role of Knowledge ................................... .... 513939................................. .... 48vii VI.VII.VIII.Other Aspects of ResponsibilityI.Prelude to the Rome Convention of 1952 .................... 61II.The Rome Convention of 1952 ............................... 66The Rome Convention of 1952............... ........................I.Background ............... ..................................... 70II.Insurance................. ..................................... 71III.Provisions of the Convention ................................. 77IV.The Montreal Protocol of 1978 ............................... 80V.Modernizing the Rome ConventionReferences .......................................... ........................Profiling of Passengers ........................................ 54Airport Profiling ... ............................................ 55Profiling and the Right of Privacy ............................ 58.............. ........................B.61C.70.......................... 81913Initiatives of the Early Twenty-first Century ...........................A.The Two Liability Conventions ............... ........................I.The General Risks ConventionII.The Unlawful Interference CompensationConvention ........ ............................................ 96B.Innovative Security Tools ..................... ........................I.Biometric Identification .. ...................................II.Public Key Directory ..... ...................................C.Advance Passenger Information.............. ....................... 121D.The Passenger Name Record................. ....................... 122I.Definition and Application of PNR .........................II.The Importance of PNR Data to States .....................III.Advantages of Unified Guidelines ..........................IV.Advance Passenger Information Guidelines ................V.Contracting States’ PositionsE.Machine Readable Travel Documents ........ ....................... 151I.Some Problem Areas ......................................... 156F.Unmanned Aerial Vehicles .................... ....................... 157I.Legal and Regulatory Issues .... ............................. 162II.Operations Over the High Seas . ............................. 163III.Air Traffic Services............. ............................. 166IV.UAVs as State Aircraft .......... ............................. 168References .......................................... ....................... 1749393............................... 9398109109123125126138140...............................4Narco-terrorism .......................................................... 177A.Introduction................................... ....................... 177B.United Nations Initiatives ..................... ....................... 179I.The United Nations Convention Against Illicit Trafficin Narcotic Drugs and Psychotropic SubstancesII.Some Recent Efforts of the United Nations ...........................186187viiiContents C.ICAO Initiatives ............................... ....................... 189I.Basic Principles of Aeronautics on InternationalNarcotic Control............................................Other Regulatory Provisions .................. ....................... 198I.Article 4 of the Convention on InternationalCivil Aviation ............................................. ..II.Article 3 bis ............................................... ..III.Other Legal Aspects...................................... ..IV.ICAO Assembly Resolution A 27-12 .......................References .. ........................................ ....................... 204189D.1981992012025The Unlawful Interference ConventionsA.United Nations General Assembly Resolutions on UnlawfulInterference with Civil Aviation .............. ....................... 205B.International Conventions ..................... ....................... 210I.Convention for the Prevention and Punishmentof Terrorism (1937) .........................................II.Convention on International Civil Aviation(Chicago Convention of 1944) ..............................III.United Nations Charter.....................................IV.The Geneva Convention on the High Seas (1958)C.Concerted Action Under the Auspice of the InternationalCivil Aviation Organization: The Tokyo Convention (1963)I.The Powers Given to Aircraft Commander and Othersin Order to Combat Hijackings .............................II.Jurisdiction to Punish the Terrorists ........................III.Powers and Duties of StatesIV.Extradition ...................................................V.Responsibilities of StatesVI.An Answer? .................................................D.The Hague Convention on Hijacking 1970 ... ....................... 230I.The Scope of the Convention ...............................II.Powers and Duties Imposed Upon States in Orderto Combat Hijacking ...................................... ..III.Other Provisions.......................................... ..E.The Montreal Convention (1971) ............. ....................... 237I.Definition of In Service ........ .............................. 237II.Definition of the OffenceIII.Penalties and the Scope of the Convention .................. 241IV.Jurisdictional Powers Given to States Under theMontreal Convention (1971) ... .............................. 242F.The Bonn Declaration ......................... ....................... 246I.The Legal Status of the Bonn Declaration ................... 247II.Incompatibility of the Declaration with the ViennaConvention on the Law of Treaties .......................... 249......... ...................... 205210210212213................ 217221223224225226228...................................................................231232236...... .............................. 238Contentsix III.The Incompatibility of the Declaration with the Conventionon International Civil Aviation (Chicago Convention 1944)and the International Air Services Transit Agreement ...... 250Problem of Prosecution or ExtraditionA New Convention on the Marking of Plastic Explosivesfor the Purpose of Detection .................. ....................... 253I.Scope of the Convention ....................................II.Obligations of States ........................................III.Technical Annex .. ..........................................IV.International Explosives Technical Commission ......... ..V.Final Clauses and Final Act .................................References .......................................... ....................... 262IV....................... 252G.2552572582602616Aviation Security Audits ................................................. 265A.Security Oversight............................ ....................... 268B.The Role of the ICAO Council............... ....................... 270References .......................................... ....................... 2767Conclusion .. .............................................................. 277Index............ .............................................................. 281xContents Table of Cases1969 Case of Walls v Mussens Ltd P. 851979 Case of Mannington Mills v. Congoleum Corporation 595 F.2d 1287P. 127–1281988 Cases International Tin Council v. Amalgamet Inc. P. 1191991 Case ofEEOC v. Arabian American Oil Company andARAMCO Services 113L E 2d 274 P. 127Air India v.Wiggins [1980] 1 WLR 815 at 819 P. 127Anns v. Merton London Borough Council [1978] A.C. 728 (H.L.) P. 83Arab Banking Corporation v. International Tin council and Algemene BankNederland and Others (Interveners) and Holo Trading Company Ltd.Interveners) (1988) 77 ILR 1–8 P. 120Barboni v. Cie Air-France (1982) 36 RFDA 358 P. 82Buchbinder v. American Airlines, P. 87Case of Palsgrafv. Long Island Railway Co. P. 84Chartered Bank v. International Tin Council and others P. 120Cork v. Kirby Maclean Ltd., [1952] 2 All.E.R. 402 (C.A.). P. 84El Al Israel Airlines, Ltd. v. Tseng 525 U.S. 155 (1999) P. 87Gibbs v. American Airlines, Inc., 1999 P. 87Haddad v. Cie Air France (1982) 36 RFDA 355 P. 82Holmes v. Bangladesh Biman Corporation, [1989] 1 AC 1112 at 1126 P. 127Laura M.B. Janes (USA) v. United Mexican States (1925) 4 R Intl ArbAwards 82 P. 43Lutcher SA Cellulose e Papel v. Inter-American Development Bank, 382 F.2d. 454(DC Cir.1967) P. 120M’Alister (or Donoughue) v. Stevenson [1932] A.C. 562 (H.L.) P. 83Naziranbai v. the state, 1957 Madhya Bharat Law Reporter, P. 109Neilson v. Kamloops (City of), [1984] P. 84Nicaragua v. the United States, ICJ Reports 1986, P. 52Palsgrafv. Long Island Railway Co. 162 N.E. 99 (N.Y. 1928) P. 84Schenk v. US, 249 US 47 (1919) P. 9xi Smith v. Socialist Peoples Libyan Arab Jamahiriya, 866 F. Supp 306 (1995) P. 107Standard Chartered Bank v. International Tin Council and others [1986] 2 All ER257 P.120Timberlane Lumber Company v. Bank ofAmerica, 549 F. 2d 597 (1976) P. 128UK v. Albania, [1949] ICJ Rep. 4 (9 April) at 22 P. 108xiiTable of Cases Chapter 1A Security CultureA.A Risk-Based ApproachSince the events of11 September 2001, there have been several attempts against thesecurity of aircraft in flight. These threats have ranged from shoe bombs to dirtybombs to explosives that can be assembled in flight with liquids, aerosols and gels.In every instance the global community has reacted with pre emptive and pre-ventive measures which prohibit any material on board which might seeminglyendanger the safety of flight. Some jurisdictions have even gone to extremes inprohibiting human breast milk and prescriptive medications on board.New and emerging threats to civil aviation are a constant cause forconcern to theaviation community. Grave threats such as those posed by the carriage ofdangerouspathogens on board, the use of cyber technology calculated to interfere with airnavigation systems, and the misuse ofman portable air defence systems are real andhave to be addressed with vigour and regularity. The International Civil AviationOrganization has been addressing these threats for some time and continues to do soon a global basis.Since the events of 11 September 2001 took place, the most critical challengefacing international civil aviation remains to be the compelling need to ensure thatthe air transport industry remains continuous and its consumer is assured ofsustained regular, safe and secure air transport services. The Air Transport Associ-ation (ATA), in its 2002 State of the United States Airline Industry Statement,advised that, in the United States, the combined impact of the 2001 economicdownturn and the precipitous decline in air travel following the 11 September 2001attacks on the United States resulted in devastating losses for the airline industrywhich are likely to exceed $7 billion and continue through 2002.1Of course, theoverall picture, which portended a certain inevitable gloom for the air transportindustry, was not the exclusive legacy of United States’ carriers. It applied1State ofthe United States Airline Industry, A Report on Recent Trends forUnited States Carriers,Air Transport Association: 2002, Statement by Carol B. Hallett, President and CEO, ATA.R. Abeyratne, Aviation Security Law, DOI 10.1007/978-3-642-11703-9_1,# Springer-Verlag Berlin Heidelberg 20101 worldwide, as was seen in the abrupt downfall of air traffic globally during 2001.The retaliation by the world community against terrorism, which is an ongoingfeature in world affairs, increased the airline passenger’s fear and reluctance to useair transport. In most instances in commercial aircraft purchasing, air carrierscancelled or postponed their new aircraft requisition orders. Many carriers, partic-ularly in developing countries, were seen revisiting their cost structures and down-sizing their human resource bases. It is incontrovertible that anothersimilarevent orseries of events will inevitably plunge the aviation industry into similar despairand destitution.In order to arrive at where we are at the present time with regard to the results ofthe global measures taken by the International Civil Aviation Organization (ICAO),it is necessary to discuss the various steps taken from a regulatory perspective byICAO in its role as regulator and mentor of international civil aviation, in counter-ing imminent threats posed to the sustainability of the air transport industry.B.The ICAO ResponseI.The ICAO High-Level Ministerial ConferenceAt the 33rd Session of the Assembly, held from 25 September to 5 October 2001,ICAO adopted Resolution A33-1 entitled “Declaration on misuse ofcivil aircraft asweapons of destruction and other terrorist acts involving civil aviation”.2ThisResolution, while singling out for consideration the terrorist acts which occurredin the United States on 11 September 2001, and, inter alia, recognizing that thenew type of threat posed by terrorist organizations requires new concerted effortsand policies of cooperation on the part of States, urged all Contracting Statesto intensify their efforts in order to achieve the full implementation and enforce-ment of the multilateral conventions on aviation security, as well as of the ICAOStandards and Recommended Practices and Procedures (SARPs) relating to avia-tion security, to monitor such implementation, and to take within their territoriesappropriate additional security measures commensurate to the level of threat inorder to prevent and eradicate terrorist acts involving civil aviation. The Resolutionalso urged all Contracting States to make contributions in the form of financial orhuman resources to ICAO’s aviation security mechanism to support and strengthenthe combat against terrorism and unlawful interference in civil aviation; calledon Contracting States to agree on special funding for urgent action by ICAO in thefield of aviation security; and directed the Council to develop proposals and take2Assembly Resolutions in Force (as of 5 October 2001), ICAO Doc 9790, at p. VII-1. Also ofgeneral interest is UN General Assembly Resolution 56/88, Measures to Eliminate InternationalTerrorism, adopted at the 56th Session ofthe United Nations which calls upon States to take everypossible measure in eliminating international terrorism. See A/RES/56/88, 24 January 2002.21 A Security Culture appropriate decisions for a more stable funding of ICAO action in the field ofaviation security, including appropriate remedial action.Resolution A33-1 also directed the Council to convene, at the earliest date, aninternational high-level, ministerial conference on aviation security in Montrealwith the objectives of preventing, combating and eradicating acts of terrorisminvolving civil aviation; of strengthening ICAO’s role in the adoption of SARPsin the field of security and the audit of their implementation; and of ensuring thenecessary financial means to strengthen ICAO’s AVSEC Mechanism, whileproviding special funding for urgent action by ICAO in the field of aviationsecurity.On 19 and 20 February 2002, in keeping with the requirement of AssemblyResolution A33-a high level ministerial conference on aviation security was held inthe Headquarters of the International Civil Aviation Organization, Montreal. In thewords of Dr. Assad Kotaite, President of the ICAO Council who opened theConference (and later served as the Chairman of the Conference), the Conferencewas being held “. . .at a critical juncture for civil aviation and for society at large . . .and would review and develop global strategy for strengthening aviation securitywith the aim of protecting lives both in the air and on the ground, restoring publicconfidence in air travel and promoting the health of air transport in order that it canrenew its vital contribution to the world economy. . .”3Dr. Kotaite stated that thiswas a historic moment in the evolution of civil aviation.At this Conference, attended by Member States of the International CivilAviation Organization, Some 714 participants from 154 Contracting States andobservers from 24 international civil aviation organizations endorsed a globalstrategy for strengthening aviation security worldwide and issued a public declara-tion at the conclusion of their two-day meeting.The High Level Ministerial Conference came to several conclusions and adoptednumerous recommendations containing guidance for follow up action. The Confer-ence concluded that the events of 11 September 2001 have had a major negativeimpact on world economies and an impact on air transport which is unparalleled inhistory and restoration of consumer confidence in air transport and assurance ofthe long-term health of the air transport industry are both vital, and many Stateshave already initiated a range of measures to this effect. It was also the view of theConference that the effective application of enhanced uniform security measures,commensurate with the threat, will help to restore confidence in air transport, butthese measures will need to be passenger and cargo user-friendly and not overlycostly for the industry and its consumers if traffic growth is to be regenerated.Accordingly, the Conference recommended that consistent with Assembly Resolu-tion A33-1, States should intensify their efforts to achieve the full implementationand enforcement of the multilateral conventions on aviation security as well as ofthe ICAO Standards and Recommended Practices (SARPs) relating to aviationsecurity and take within their territories appropriate additional security measures3ICAO News Release PIO 02/2002.B. The ICAO Response3 which are commensurate with the level of threat and are cost effective. Sincerestoration of confidence in air transport is a collective responsibility, the Confer-ence called upon States to enhance international cooperation in aviation securityand assist developing countries to the extent possible.With regard to the compelling need to strengthen aviation security worldwide,the Conference concluded that a strong and viable aviation security (AVSEC)programme was indispensable and that a global uniform approach to the imple-mentation ofthe international aviation security standards is essential, while leavingroom for operational flexibility. It was also considered useful to establish regionaland sub-regional approaches which could make a significant contribution toICAO’s aviation security activities. The Conference concluded that aviation secu-rity was a responsibility of Contracting States, and States which outsource aviationsecurity programmes should therefore ensure that adequate governmental controland supervision are in place. The Conference also observed that, since gaps andinadequacies appear to exist in international aviation security instruments withregard to new and emerging threats to civil aviation, further study was neededin this regard. There was a need for a comprehensive ICAO Aviation Security Planof Action for strengthening aviation security, through a reinforced AVSECmechanism, an ICAO aviation security audit programme, technical cooperationprojects, promotion of aviation security quality control functions and appropriateperformance indicators.Based on the above conclusions the Conference recommended that States takeimmediate action to lock flight deck doors for aircraft operated internationally,while maintaining measures on the ground to provide the highest level of aviationsecurity. States were also requested to actively share threat information in accor-dance with Standards in Annex 17 and employ suitable threat assessment and riskmanagement methodologies appropriate to theircircumstances, based on a templateto be developed by ICAO and ensure that aviation security measures are imple-mented in an objective and non-discriminatory manner.As for ICAO’s role in this process, the Conference recommended that theOrganization develop, as a matter of high priority, amendments to the appropriateAnnexes to require protection of the flight deck door from forcible intrusion;continue its efforts to identify and analyze the new and emerging threats to civilaviation with the purpose of assisting in the development of security measures andto actively collaborate with other associated agencies; carry out a detailed study ofthe adequacy of the existing aviation security conventions and other aviationsecurity-related documentation with a view to proposing and developing measuresto close the existing gaps and remove the inadequacies, including amendmentwhere required, so as to deal effectively with the existing, as well as the new andemerging, threats to international civil aviation; develop and take action to dealwith the problem of aviation war risk insurance; and develop and implement acomprehensive Aviation Security Plan of Action and any additional actionsapproved by the Council, including a clear identification of priorities.One of the key conclusions of the Conference was that, in order to furtherenhance safety and security and to ensure the systematic implementation of the41 A Security Culture critical elements ofa State’s aviation security system, there was an urgent need foracomprehensive ICAO programme of aviation security audits and that such aprogramme should audit national level and airport level compliance with Annex17 and with aviation security related provisions of other Annexes on a regular,mandatory, systematic and harmonized basis. It was the view ofthe Conference thatthe ability to determine whether an airport or State is in compliance will require thatauditors have a solid aviation security background and be sufficiently trained andcertified by ICAO to ensure that auditing is conducted in a consistent and objectivemanner. The Conference was strongly convinced that such an audit programmeshould be undertaken under the auspices of ICAO’s AVSEC Mechanism whichcould be guided by proven and successful concepts used in viable programmesalready developed by the European Civil Aviation Conference (ECAC), the UnitedStates and other States in the development of the framework for a security auditprogramme.It was considered that the regional approach would have many benefits and wasto be considered as supplementary to local initiatives, in particular by promotingregional partnership and the activities of the ICAO Regional AVSEC TrainingCentres. The AVSEC Panel, which is an instrumentality of the ICAO Councilshould assist in the development of technical requirements and guidance materialsneeded to administer the audits and assist in the development ofan effective qualityassurance programme to maintain standards of audit performance; and since anaudit programme could provide only security levels of audited airports at the timeof the audit, a permanent mechanism based on quality control and the regularconduct of exercises and inspections could guarantee the continuity and improve-ment of security levels determined by the audits.Arguably, the most significant and seminal recommendation of the Conferencewas that ICAO establish a comprehensive programme of a universal, regular,mandatory, systematic and harmonized aviation security audits, with implementa-tion beginning in 2003 based on the final work plan established by the Council. Itwas also decided that, in order to be effective, the programme should be based on anaudit process that uses ICAO trained and certified audit teams which are headed byan ICAO staff member and which consistently apply fair and objective methods todetermine compliance with Annex 17 by observing measures at airports and asses-sing the State’s capabilities to sustain those measures.The Conference was of the view that of singular importance to the audit processwas the need for the audit programme to be established under the auspices ofICAO’s AVSEC Mechanism. It recommended that, in developing the auditprogramme, which should be transparent and autonomous, ICAO should ensurethe greatest possible coordination and coherence with audit programmes alreadyestablished at a regional or sub-regional level, taking into account aviation securitysituation in these States. For this to be a reality, a compliance mechanism has to bebuilt into the programme, which will delineate between minor and serious areasof improvement, ensure that immediate corrective action is taken for seriousdeficiencies and provide to developing States the necessary assistance to measur-ably improve security.B. The ICAO Response5 With regard to funding an aviation security audit programme to be run by ICAO,an adequate and stable source of funding was to be sought for the AVSECMechanism through increased voluntary contributions until such time that anallocation of funds can be sought through the Regular Programme Budget, whichwas envisioned to be as soon as possible. It was recommended that all States benotified of a completed audit, that ICAO Headquarters be the repository for fullaudit reports and that the sharing of audit reports between States take place on abilateral or multilateral basis. States were required, under such a programme, tocommit to provide ICAO with national AVSEC findings based on a harmonizedprocedure to be developed by ICAO as early as possible. Ofcourse, those States –inparticular developing countries – should be provided with technical and financialassistance under technical cooperation, so that they may take remedial actions torectify the deficiencies identified during the audit. States should also utilize theICAO audits to the maximum extent possible and could always approach ICAOwith regard to the audit findings for other States.The Conference also concluded that, in order to execute the ICAO AviationSecurity Plan of Action, an indicative additional funding requirement was for aminimum of US $15.4 million through voluntary contributions for the currenttriennium 2002–2003–2004, these figures to be used as a basis for further studyby the Council. However, for the longer term a more stable means of funding theICAO Aviation Security Plan ofAction would be either through an increase of theassessment to the ICAO General Fund for the following triennia, or by a long-termcommitment, on a voluntary basis, of systematic contributions according to anapproved suggested level of contribution, to be determined by the Council, by allStates. With regard to recouping policies of States, the Conference observed andconfirmed that ICAO’s policy and guidance material on cost recovery of securityservices at airports ...

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