Aviation Security Law 航空安全法(148)

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The de.nition of “smuggling” contained in the Nairobi Convention applies to all modes of transport. Pertinent exchanges of information undertaken by Customs Administrations pursuant to the Convention extend to all means of transport used or suspected of being used for the smuggling of narcotic drugs or psychotropic sub-stances or that seem likely to give rise to such operations. Assistance, on request, relating to surveillance extends over particular vehicles, ships, aircraft or other means of transport reasonably believed to be used for smuggling narcotic drugs or psychotropic substances into the territory of the requesting Contracting Party.
The WCO’s main deliberative organ in these matters is its Committee on Customs Enforcement. The current work programme of this Committee in the area of narcotics smuggling includes exchanges of information on couriers, their routes and pertinent traf.c trends, development of catalogues of enforcement aids and places of concealment (in co-operation with INTERPOL and the UN Division of Narcotic Drugs), investigative techniques (undercover work), seminars and training programmes an action to monitor and pre-empt .nancial transactions relating to narcotics smuggling. A recommendation of the Customs Co-operation Council in 17 June 1985 adopted on the proposal of its Enforcement Committee seeks ‘to secure the fullest co-operation of airline and shipping companies and others involved in the international transport and travel industries to assist the international Customs community in suppression the illicit traf.c in narcotic drugs and psychotropic substances’.
In the light of the above, it appears that in this .eld and in accordance with its constitutional responsibilities, ICAO can play the following role:
(a)
Monitor the adherence of States of the convention Against the Illicit Traf.c in Narcotic Drugs and Psychotropic Substances in order to ensure inter alia that international civil aviation interests are not penalized by objective liability or responsibility unless there is a speci.c criminal involvement of the carrier or his staff

(b)
Formulate and adopt as required technical speci.cations related to civil .ight operations

(c)
Develop as required guidance materials

(d)
Co-operate with the United Nations  Division of Narcotic Drugs and other international organizations through consultation and attendance at meetings

(e)
Ensure that facilitation measures and measures directed to control the illicit traf.c of drugs do not have an unnecessarily negative impact on each other so as to maintain the separate thrusts of these programmes

D. Other Regulatory Provisions
I. Article 4 of the Convention on International Civil Aviation
Article 4 of the Chicago Convention is the only provision in the Convention explicitly using the words “misuse of civil aviation”; even there, however, the expression is used only in the heading (in fact, in the margin in the original signature copy) and not in the substantive text of the Article. The .rst paragraph of the Preamble to the Convention refers to “abuse” of international civil aviation without any attempt at a de.nition of that term.
Article 4 of the Convention has never been the subject of nor involved in a decision or interpretation either by the Assembly or the Council. Therefore, that Article 4 is of no relevance to the problem since it refers only to the obligations of States and to the acts of States. The drafting history of this Article indicates that the underlying intent of Article 4 was to prevent the use of civil aviation by States for purposes which might create a threat to the security of other nations. The intent of Article 4 originated in the Canadian “Preliminary Draft” which stated as one of the purposes of ICAO (or PICAO, as was then envisaged), the future organization “to avert the possibility of the misuse of civil aviation creating a threat to the security of nations and to make the most effective contribution to the establishment and maintenance of a permanent system of general security”. In the further drafting development (“Tripartite Proposal” presented to the Conference by the Delegations of the United States, United Kingdom and Canada) the wording was changed to read: “Each member State rejects the use of civil air transport as an instrument of national policy in international relations”. This wording practically repeated the text of the Treaty for the Renunciation of War of 27 August 1928 (commonly known as the Briand–Kellogg Pact) in which the signatories renounced war “as an instrument of national policy in their mutual relations”. The words “purposes inconsistent with the aims of this Convention” in Article 4 therefore essentially mean “threats to the general security”.
　
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