Aviation Security Law 航空安全法(106)

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The WCO’s main objective is to simplify travel and create effective border control for the rapid clearance of passengers. It is stipulated in its recommended practice in the Kyoto Convention as well as in the associated bene.t:361
The bene.t to Customs is the receipt, in advance of the arrivals of travelers, of information that will aid risk management with the objective of more precise targeting of Customs control. A bene.t to travelers is that, on the basis of Customs analysis and evaluation of API, their risk status can be determined prior to arrival in the country concerned. Greater precisions in Customs targeting should result in the vast majority of travelers being assessed as presenting negligible or no risk and thus subject to minimal or no Customs control on their arrival.362
It is also notedin the general .eld of applications that the Convention is aimed at developing a system of pre-clearance to utilize wanting time prior to the departure of an aircraft in order to carry out formalities, which might otherwise delay passengers upon arrival of that aircraft at destination.
IV. Advance Passenger Information Guidelines
During the 11th Session of Facilitation Division held in Montreal in 1995, the position of the WCO, formerly CCC in 1992, was stated into guidelines for API mainly due to:
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Information Technology

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Greater co-operation between Border Control Agencies domestically

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Greater international co-operation between Customs administrations and with other Border Control Agencies

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Greater co-operation between Border Control Agencies and carriers363

In order to ful.l the roles of the CCC, the system of API can facilitate such an information system by:
4.1.4[...] (a) Providing its Members with information on the technique of API bene.ts it can bring;
(b) Providing a forum in which the constraints on API can be discussed and hopefully resolved; and
361Refer to the Kyoto Convention, at Annex J at Article 5.5: “Recommended Practice 8: The Customs, in co-operation with other agencies and the trade, should seek to use internationally standardized advance passenger information, where available, in order to facilitate the Customs control of travellers and the clearance of goods carried by them”.
362Kyoto Convention, at Annex J at Article 5.5.
363Facilitation Division, “Eleventh Session Information Paper on Advance Passenger Information
(API) Guidelines adopted by the WCO” (Montreal, April 1995) ICAO Doc FAL/11-IP/2 at point 3.

D. The Passenger Name Record
(c) Seeking to jointly agreed standards with the airline industry so that API does not develop and proliferate in an inconsistent or unstructured way.364
InAprilof2002,duringaFacilitationPanelinMontreal onAPI,it recommended:
The usage of API for immigration, quarantine and aviation security (AVSEC)
applications to customs.
The internet or other PC-based systems and wireless technologies should be
considered for the exchange of data rather than specify UN/EDIFACT syntax for
data interchange.
API should be part of a border system management, machine readable pass-
ports with electronic visas, automated entry/exit records instead of embarkation
or disembarkation cards and as well as interoperability of API systems with other
States.
Applicable Standards and Recommended Practices (SARPs) should leave the
possibility of including biometrics into article3.34 of Annex9 (11th Edition).
ICAO should measure the programme’s success in operational ef.ciencyand
reduction of airport congestion.365
The API topic became more and more a priority during the 1993/1994/1995 triennium and IATA comprehended in a greater capacity the necessity for API implementation.366 IATA and the WCO formally introduced the formal WCO/ IATA guidelines in 1993 following the Working Paper presented by the ICAO Secretariat during the 11th Session.367 In the preamble of the guideline,368 it
　
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