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ICAO’s activities in narcotics control became signi.cant in 1984 when, in November of that year, ICAO was represented at the 11th meeting of Operational Heads of National Narcotics Law Enforcement Agencies, Far East Region (HON-LEA). An ICAO observer also attended the Third and Fourth Sessions of the Enforcement Committee of the Customs Co-operation Council in February and September 1985 respectively, where matters of narcotics law enforcement were discussed. On the same two occasions, the ICAO observer attended the United Nations Ad Hoc Inter-agency meetings on Co-ordination in matters of International Drug Abuse Control.
At the informal meeting of the Council on 11 June 1985, a preliminary consid-eration was given to the constitutional mandate of ICAO in the .eld of suppression of illicit transport of narcotic drugs and psychotropic substances by air. In this connection it should be noted that:
510The Economic and Social Council (ECOSOC) in Resolution 770E (XXX) approved certain recommendations to Governments on safeguards to prevent abuse for the carriage of narcotic drugs in .rst-aid kits of aircraft engaged in international .ights.
C. ICAO Initiatives
(a)
Under the Agreement between the United Nations and the International Civil Aviation Organization,511
the Organization is obliged to co-operate in estab-lishing effective co-ordination of the activities of specialized agencies and those of the UN; in particular, ICAO is obliged to consider formal recommen-dations made by the United Nations and to furnish to the United Nations required information. In this context, it was therefore noted that UN General Assembly Resolution 39/143 called upon the specialized agencies of the United Nations system to participate actively in the implementation of that Resolution, entitled “International campaign against traf.c in drugs”. Consequently, the Organization had a responsibility to undertake a study of the problem of suppression of illicit transport on narcotic drugs and psychotropic substances.
(b)
The Chicago Convention512
contains several provisions referring to elements of International air law which may be relevant for the control and suppression of drug traf.cking. Article 10 – If all aircraft coming from abroad land only at designated customs airports and depart only from such airports, the control of illicit transport would be greatly facilitated. Article 13 – Clearance and departure of cargo are subject to the regulations of the contracting States whose territories are involved; the movement of any speci.c cargo is subject to the legal regulations and effective control of the States concerned. Article 16 – Contracting States have the right to search aircraft of other contracting States on landing or departure; obviously, the same right is appli-cable for the search of aircraft of their own registry. Article 23 – Customs and immigration procedures affecting international air navigation should be in accordance with the practices established or recom-mended from time to time pursuant to the Convention; that clearly is re.ected in the procedures established in Annex 9 to the Convention; however, the predominant provisions in this .eld are enacted by States through their immi-gration and customs legislation, the latter being co-ordinated internationally through the Customs Co-operation Council. Annex 9 deals with customs and immigration procedures but mainly in order to ensure that the procedures used are ef.cient and do not interfere with the speedy clearance of aircraft and their loads. Article 35(b) – Each contracting State has the right, for reasons of public order and safety, to prohibit the carriage in or above its territory of certain articles; it is within the legislative power of the contracting States to adopt an uncondi-tional interdiction on the carriage of narcotic drugs and psychotropic sub-stances into or over their territory and to establish measures for enforcing such legislation.
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Aviation Security Law 航空安全法(146)
