Aviation Security Law 航空安全法(94)

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D. The Passenger Name Record
Anew Recommended Practice for inclusion in Annex9to the Chicago Convention (Facilitation) was adopted by the ICAO Council in March 2005. This Recom-mended Practice, which supplements an already existing Recommended Practice,
311Attachment to State Letter EC 6/2-05/70, Passenger Name Record (PNR) data, 9 June 2005. 312The advantage of collection by States of PNR Data was .rst discussed by the global aviation community at the 12th Session of the ICAO Facilitation Division that was held in Cairo, Egypt from 22 March to 1 April 2004. Consequently, the Division adopted Recommendation B/5, that reads as follows:
It is recommended that ICAO develop guidance material for those States that may require access to Passenger Name Record (PNR) data to supplement identi.cation data received through an API system, including guidelines for distribution, use and storage of data and a composite list of data elements [that] may be transferred between the operator and the receiving State.
Pursuant to this recommendation, in June 2004, the Air Transport Committee of the ICAO Council
requested the Secretary General to establish a Secretariat Study Group to develop Guidelines on
PNR data transfer. The Council, in endorsing Recommendation B/5, directed that these Guidelines
were to be submitted early in 2005.

313See Abeyratne (2002b, pp. 631–650). Also by Abeyratne (2001b, pp. 153–162; 2003,
pp. 297–311).
314See Abeyratne(2001b, pp. 153–162).

D. The Passenger Name Record
provides that Contracting States requiring Passenger Name Record (PNR) access should conform their data requirements and their handling of such data to guide-lines developed by ICAO. It is worthy of note that Article 13 of the Chicago Convention provides that the laws and regulations of a Contracting State as to the admission to or departure from its territory ofpassengers, crew or cargo of aircraft, such as regulations relating to entry, clearance, immigration, passports, customs, and quarantine shall be complied with, by or on behalf of such passengers, crew or cargo upon entrance into or departure from, or while within the territory of that State. This provision gives a State the discretion to specify the information it requires relating to persons wishing to gain entry into its territory. Accordingly, a State may require aircraft operators operating .ights to, from or in transit through airports within its territory to provide its public authorities, upon request, with information on passengers such as PNR data.
The philosophy underlying the importance of PNR data and their ef.cient use by States for enhanced expediency in border crossing by persons is embodied in the GeneralPrinciples set out in Chapter1of Annex9which require Contracting States to take necessary measures to ensure that: the time required for the accomplishment of border controls in respect of persons is kept to the minimum;315 the application of administrative and control requirements causes minimum inconvenience; exchange of relevant information between Contracting States, operators and air-ports is fostered and promoted to the greatest extent possible; and, optimal levels of security, and compliance with the law, are attained.
Contracting States are also required to develop effective information technology to increase the ef.ciency and effectiveness of their procedures at airports.316
I. De.nition and Application of PNR
The air transport industry regards a Passenger Name Record (PNR), as a generic term applicable to records created by aircraft operators or their authorized agents for each journey booked by or on behalf of any passenger. The data is used by operators for their own commercial and operational purposes in providing air
315There is an abiding symbiosis between security and facilitation in the .eld of air transport. While security is of paramount interest to the global aviation community, it must not unduly disrupt or in any adversely affect the expediency of air transport. To this end, Recommended Practice 2.2 of Annex9 – Facilitation – to the Chicago Convention suggests that Each Contracting State should whenever possible arrange for security controls and procedures to cause a minimum of interference with, or delay to the activities of civil aviation provided the effectiveness of these controls and procedures is not compromised. See McMunn(1996, p. 7).
　
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