511
Doc 7970. 512Convention on International Civil aviation, signed at Chicago on 7 December 1944. See ICAO Doc 7300/9 Ninth Edition, 2006.
Article 37(j) – It is within the legislative function of the ICAO Council to adopt
standards, recommended practices and procedures dealing with customs and immigration, import and export of speci.c articles.
These Articles of the Chicago Convention should be read in conjunction with Article 22 of the Convention under the terms of which each contracting State agrees to adopt all practical measures to facilitate and expedite air navigation and to prevent unnecessary delays to aircraft, crews, passengers and cargo. These require-ments are further speci.ed in Annex 9 to the Chicago Convention on Facilitation of Air Transport.
Although it might perhaps be suggested that Annex 9 could contain provisions urging aeronautical authorities to extend every possible assistance in the suppres-sion of drugs traf.cking, more detailed instructions or guidance material would seem out of context with the character of Annex 9, which is essentially aimed at overcoming obstacles to the rapid clearance of aircraft and their loads. This objective should be preserved and not diluted by inclusion in the Annex of provi-sions which would appear to run counter to the prime objective. On the other hand, recognition of ICAO’s co-operation in drug traf.cking control could be made by inclusion of text in the Annex, to provide for the following:
(a)
That any special inspection procedures required in the control of narcotics traf.c be accomplished speedily, with ef.cient equipment, without inconve-nience to passengers and in such a way as to ensure the timely clearance of aircraft and their loads on arrival and departure; and
(b)
Point out that most seizures of narcotics and related substances in illicit traf.c result from police and drug enforcement intelligence rather than from routine inspection and consequently that sampling rather than exhaustive methods of inspection are to be preferred.513
Another programme of ICAO which has a bearing on or which would be affected by any ICAO activities related to the campaign against illicit traf.cking in narcotic drugs and psychotropic substances is Aviation Security (Annex 17 to the Chicago Convention and the Security Manual, Doc 8973); however the protected interest in the aviation security programme is aviation itself.
Two other international organizations, i.e., ICPO-INTERPOL and the World Customs Organization (WCO), have a direct responsibility in the suppression of illicit traf.c in narcotic drugs. INTERPOL’s role has been involved with in.uen-cing national legislation and co-ordinating the work of police services world-wide
513A recommendation of the Customs Co-operation Council dated 17 June 1985, recognizes ‘that the proper balance between the needs of customs enforcement and the facilitation of legitimate trade and travel can best be achieved if customs enforcement is selective and intelligence based and that it is therefore essential that every effort be made to develop and exploit the best possible intelligence.’ (Recommendation on the Development of Co-ordinated Enforcement and Intelli-gence Operations aimed at Identifying and Interrupting Concealed Illicit Drugs).
C. ICAO Initiatives
to eradicate the sources of raw material, processing and re.ning facilities and the apprehension and prosecution of offenders.
The WCO has, for many years, been concerned with the suppression of smug-gling narcotics and psychotropic substances within its general competence to deal with customs matters. Its main instrument in this .eld is the International Conven-tion on mutual administrative assistance for the prevention, investigation and repression of customs offenses, signed in Nairobi in 1977. The “Nairobi Conven-tion,” as it is called, contains speci.c references to illicit traf.c and an Annex (Annex X) dealing with assistance in action against the smuggling of narcotic drugs and psychotropic substances. These provisions are designed to complement those of prevailing treaties on narcotic drugs. The WCO is also developing with the Inter-national Air Transport Association a Memorandum of Understanding between the two organizations containing guideline for both customs authorities and airlines to follow to help prevent illicit traf.c of drugs on board aircraft.
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