Aviation Security Law 航空安全法(108)

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370Ibid. at attachment clause 9.
D. The Passenger Name Record
According to the WCO/IATA guideline,371 there is a stipulation that API
transmissions should originate from the last port before entering into the port of arrival. However, the US concluded agreements between different States that seem to violate the general guidelines of IATA and the WCO372 in the sense that under these guidelines no data from an API transmission would only be provided to the port of entry. Under this Act, API data submissions to the US now have been made mandatory on .ights bound for another State. These agreements .nd extra-territorial applications of American legislation where it imposes to another State submitting API as well as PNR passenger information. According to the US Customs Service, it implemented a Canada Smart Border/30 Point Action Plan, better known as the Manley Ridge Agreement. According to this plan adopted in December 2001, the United States and Canada agreed to share API and passenger name records as of spring 2003.373
The new American Transportation & Security Act stipulates as section 115 the required information from each .ight prior to departure and arrival in the United States:
A passenger and crew manifest for a .ight required under paragraph (1) shall contain the
following information:
The full name of each passenger and crew member;
The date of birth and citizenship of each passenger and crew member;
The sex of each passenger and crew member;
The passport number and country of issuance of each passenger and crew member if
required for travel;
The United States visa number or resident alien card number of each passenger and crew
member, as applicable;
Such other information as the under Secretary, in consultation with the Commissioner of
Customs, determines is reasonably necessary to ensure aviation safety.374

Furthermore, according to sub-section three and four of the same section on Passenger Manifests, the Customs service also can prescribe the time frame it can
371Ibid. at attachment clause 8.1.5: “It should be noted that API transmissions will contain data for passengers carried into a country (initial place/port of arrival) from the last place/port of call of that aircraft abroad. API transmissions will not provide information of passengers’ previous .ights or ports of call before joining the .ight at the last foreign port of call. Neither will API transmissions provide information on onward .ights to other countries. Put simply, the API transmission contains only details of passengers carried from last port of call to the .rst port of call in the country of arrival without regards for the passengers’ initial point of departure or their ultimate destination”.
372Refer to the “US–Mexico Border Partnership Action Plan,” online: http://www.whitehouse.
gov/infocus/usmxborder/22points.html (date accessed: 17 December 2002).
373Refer to the “US–Canada Smart Border/30 Point Action Plan,” online: http://wwww.white
house.gov/news/2002/12/20021206-1.html (date accessed: 17 December 2002): The United States
and Canada have agreed to share Advanced Passenger Information.

374One Hundred Seventh Congress of the United States, Aviation and Transportation Security
Act, HR 5005 EAS, Chapter 1 of title 49 S. 1447 at section 115 sub-section 2.

expect to receive electronic messaging from air carriers as well as passengers name records and allpertinent identi.cation necessary for screening.
As a response to this new API/PNR data transmission, American Airlines and Continental Airlines have agreed to comply with the new legislations but have requested the US Customs Service to review its penalty procedures if issued erroneously.375
2. The Canadian Position
The Canadian Immigration and Refugee Act376 came into force as of June 2002 dealing with requireddocumentations and obligations on air carriers in conjunction with Part 17 of the Regulations issued by Citizenship and Immigration Canada.377
　
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