Mr. Robert Shiching Hsiao
Chief, Business Division
Coordination council for
North American Affairs
133 Po Ai Road
Dear Mr. Hsiao :
May 8, 1986
AIT B-291
As evidenced by a recent unanimous resolution of the Security C-
ouncil of the United Nations, there is a growing consensus that
terrorism attacks all systems of law and order. The Internation-
al Civil Aviation Organization, as part of the effort to combat
terrorism against civil aviation, has approved amendments to An-
nex 17 of the Chicago Convention which, among other things, inc-
lude a recommendation that appropriately strong language on avi-
ation security be included in all bilateral civil aviation agre-
ements.
The subject of aviation security is treated in Article 6 of the
"Air Transport Agreement between the American Institute in Taiw-
an and the Coordination Council for North American Affairs'" wh-
ich was signed in Washington, D.C. on March 5, 1980. However, t-
he language contained in Article 6 of the aforementioned agreem-
ent is not as adequate as that recently developed by the Intern-
ational Civil Aviation Organization. Accordingly, I propose that
the present Article 6 of the Agreement be replaced by a new Art-
icle 6, the text of which is enclosed. The new Article 6 is clo-
sely based on ICAO suggestions.
This letter and your reply accepting the contents thereof will
constitute an agreement between the American Institute in Taiwan
and the Coordination Council for North American Affairs to repl-
ace the present Article 6 of the Agreement with a new Article 6.
The new Article 6 will enter into force upon the date of your l-
etter in reply and will remain in force for the life of the Agr-
eement.
Sincerely,
[Signed]
Philip t. Lincoln, Jr.
Chief
Economic/commercial
Section
Enclosure:a/s
Artilce 6
Aviation Security
The Parties, recognizing their responsibilities to develop inte-
rnational civil aviation in a safe and orderly manner, reaffirm
that their obligation to protect, in their mutual relationship,
the security of civil aviation against acts of unlawful interfe-
rence forms and integral part of this Agreement.
The Parties shall provide upon request all necessary assistance
to each other to prevent acts of unlawful seizure of aircraft a-
nd other unlawful acts against the safety of passengers, crew,
aircraft, airports and air navigation facilities and any other
threat to aviation security.
The Parties shall act in conformity with the provisions of the
Convention on Offenses and Certain Other Acts committed on Board
Aircraft, signed at Tokyo on September 14, 1963; the Convention
for the Suppression of Unlawful Seizure of Aircraft, signed at
The Hauge on December 16, 1970; and the Convention for the Supp-
ression of Unlawful Acts Against the Safety of Civil Aviation,
signed at Montreal on september 23, 1971.
The Parties shall, in their mutual relations, act in conformity
with the aviation security provisions established by the Intern-
ational Civil Aviation Organization and designated as annexes to
the Convention on Interntional Civil Aviation; they shall requi-
re that operators of aircraft registered in the territories rep-
resented by the Parties or operators who have their principal p-
lace of business or permanent residence in the territories repr-
esented by the Parties and the operators of airports in the ter-
ritories represented by the Parties act in conformity with such
aviation security provisions.
Each Party agrees to observe the security provisions required by
te other contracting Party for entry into the territory of that
other contracting Party and to take adequate measures to protect
aircraft and to inspect passngers, crew, their carry-on itmes as
well as cargo and aircraftstores prior to and during boarding or
loading. Each Party shal also give positive consideration to any
request from the other Party for special security measures to m-
ett a particular threat.
When an incident or threat of an incident of unlawful seizure of
aircraft or other unlawful acts against the safety of passengers
, crew, aircraft, airports and air navigation facilities occurs,
the Parties shall assist each other by facilitating communicati-
ons and other appropriate measures intended to terminate rapidly
and safely such incident or threat thereof.
When a party has reasonable grounds to believe that the other P-
arty has departed from the aviation security provisions of this
Article, the first Party may request immediate consultations wi-
th the second Party. Failure to reach a satisfactory agreement
within fifteen days from the date of such request will constitu-
te grounds by the requesting Party to withhold, revoke, limit or
impose conditions on the operating authorization of technical p-
ermission of an airline or airlines of the other Party. When re-
quired by an emergency, a Party may take interim action prior to
the expiry of fifteen days.
Ref No : (75) CCNAA 0986
July 28,1986
Communications Programs Office
American Institute in Taiwan
Taipei Office
7, Lane 134, Hsin Yi Road, Sec. 3, Taipei
Attention : Ms. Deborah R. Schwartz
Acting Chief
Economic / Commercial Section
Dear Ms. Schwartz :
This refers to Mr. Lincoln's letter (AIT B-291) of May 8, 1986
and its enclosure proposing a revision of Article 6 of the "Air
Transport Agreement between the Coordination Council for North
American Affairs and the American Institute in Taiwan, " which
was signed in Washington, D.C. on March 5, 1980.
In reply, we are pleased to inform you that we accept the propo-
sed contents of the new Article 6 and that your letter and this
letter will constitute an agreement between the American Instit-
ute in Taiwan and the Coordination Council for North American A-
ffairs to replace the present Article 6 of the Agreement with t-
his new Article 6 and that the new Article 6 will enter into fo-
rce on to-day's date and will remain in force for the life of t-
he Agreement.
Sincerely Yours,
[Signed]
Robert Shiching Hsiao
Chief
Business Division