Aviation Security Law 航空安全法(104)_航空信息_民用航空_通用航空

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352Facilitation Division, “Report Of The Sixth Session” (Mexico, March–April 1963), ICAO Doc 8324-FAL/563.
Tourism, a recommendation353 was set forth in order for the UN to introduce the implementation of the different member States to Annex 9. This conference took place in Rome and began to de.ne concepts such as visitors, tourist and other facilitation aspects that eventually lead to the implementation of Annex 9.354
Furthermore, we can notice the willingness to incorporate security awareness within the concept of facilitation where a recommendation355 stated the obligation for the air carrier to return an individual, which has been refused by the said State. With this new proposition, it is foreseeable to notice that airlines will need to be much more vigilant when verifying if a passenger can travel.356
The concept of API was discussed during the Tenth Session of the Facilitation Division in Montreal in 1988. It suggested a recommendation357 that was only
353“Recommendation B-6: WHEREAS the UN Conference on International Travel and Tourism, to be held later in the year 1963, will consider the question of formalities to be complied with by tourists on entry and departure; WHEREAS the provisions of Annex9relating to the movement of persons have been carefully developed throughout the years and have been thoroughly reviewed at the Sixth Session of the Facilitation Division, the conclusions of which will be communicated to the Secretary General of the UN Conference; and WHEREAS it is essential that any action taken by the UN Conference should not be inconsistent with the pertinent International Standards and Recommended Practices contained in Annex 9 to the Convention on International Civil Aviation and should actually encourage States to implement that Annex; THE DIVISION RECOMMENDS that the Council request the UN Conference to preface any recommendations it will ultimately adopt by a reference, in a preamble or otherwise, to the continuing obligations of the Contracting States of the International Civil Aviation Organization to implement the provisions of Annex 9.” Facilitation Division, “Report Of The Sixth Session” (Mexico, March–April 1963), ICAO Doc 8324-FAL/563 at 32.
354UN Conference on International Travel and Tourism, online: http://www.oas.org/TOURISM/
docnet/Iatc2en.htm (date accessed: 15 January 2003). 355“3.25 (ST) Upon refusal of admission and transfer back of any person, the operator shall be responsible for promptly returning him to the point where he commenced the use of the operator’s aircraft or to any other place where the person is admissible.” Facilitation Division, “Report Of The Sixth Session” (Mexico, March–April 1963), ICAO Doc 8324-FAL/563 at 40.
356Refer to Article 3.58 of Annex 9: “The public authorities shall without delay inform the operator when a person is found inadmissible and consult the operator regarding the possibilities for removal. Note 1. – A person found inadmissible shall be transferred back into the custody of the operator who transported that person directly to the .nal destination or, where appropriate, into the custody of one of the operators who carried the person to one of the transit destinations.[...].”
357Facilitation Division, “Report Of The Tenth Session” (Montreal, September 1988) ICAO Doc 9527, FAL/10 at 54: Recommendation B-11: “IT IS RECOMMENDED THAT:
(a)
Contracting States, where possible, undertake projects to examine the effects of various advance passenger information programmes (including as appropriate various manual and electronic collection and transmission methods) in facilitating the clearance of arriving passengers through the inspection processes at major international airports;

(b)
Where data are transmitted by Electronic Data Interchange, procedures should conform to international message standards and formats;