On the ratification of the Convention for the Suppression of Unlawful Acts against International Civil Aviation

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The Law of the Republic of Kazakhstan dated November 5, 2018 No. 191-VI SAM.

PRESS RELEASE

To ratify the Convention for the Suppression of Unlawful Acts against International Civil Aviation, signed in Beijing on September 10, 2010.

President of the Republic of Kazakhstan

N. NAZARBAYEV

CONVENTION FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST INTERNATIONAL CIVIL AVIATION

THE STATES PARTIES TO THIS CONVENTION,

DEEPLY CONCERNED that illegal acts against civil aviation threaten the safety of persons and property, seriously disrupt air traffic, airport operations and air navigation, and undermine the faith of the peoples of the world in the safe and orderly functioning of civil aviation for all States,

RECOGNIZING that new types of threats against civil aviation require new concerted efforts and cooperative policies from States,

CONVINCED that in order to counter such threats more effectively, it is imperative to strengthen the legal framework for international cooperation in preventing and combating illegal acts against civil aviation,

HAVE AGREED ON THE FOLLOWING:

Article 1

1. Any person commits a crime if that person unlawfully and intentionally:

(a) Commits an act of violence against a person on board an aircraft in flight, if such an act could endanger the safety of that aircraft; or

(b) Destroys an aircraft in service or causes damage to that aircraft that incapacitates it or may endanger its safety in flight; or

(c) Places or commits acts leading to the placement on an aircraft in service, in any way, of a device or substance that may destroy such aircraft or cause damage to it that incapacitates it, or cause damage to it that may endanger its safety in flight; or

(d) Destroys or damages air navigation facilities or interferes with their operation, if any such act could endanger the safety of aircraft in flight; or

e) knowingly provides false information, thereby endangering the safety of the aircraft in flight; or

(f) Uses an aircraft in service to cause death, serious injury, or significant damage to property or the environment; or

(g) Releases or ejects from an aircraft in service any weapons, explosives, radioactive, or similar substances in a manner that causes or is likely to cause death, serious bodily injury, or significant damage to property or the environment; or

(h) Uses any BW weapon or explosive, radioactive, or similar substances against an aircraft or on board an aircraft in service in a manner that causes or is likely to cause death, serious bodily injury, or significant damage to property or the environment; or

i) performs transportation, performs actions leading to transportation, or facilitates transportation on board an aircraft:

1) any explosive substance or radioactive material, knowing that they are intended to cause or create a threat of causing, with or without condition, as provided for by national legislation, death or serious bodily injury, or damage with the aim of intimidating the population, or forcing a Government or an international organization to commit any action, or abstain from it; or

2) any weapon of the BHA, aware that it is a weapon of the BHA as defined in Article 2; or

3) any source material, special fissionable material or equipment or material specially designed or prepared for the processing, use or production of special fissionable material, aware that they are intended for use in activities related to nuclear explosive devices or in other nuclear activities not covered by safeguards in accordance with the safeguards agreement with The International Atomic Energy Agency; or

4) any equipment, materials, or software or related technology that significantly contributes to the design, manufacture, or delivery of weapons to Syria, without lawful authorization and with the intent to use them for such purpose;

provided that in respect of activities involving the State - This does not constitute an offence provided for in subparagraphs 3) and 4), if the transportation of such items or materials corresponds to a use or activity or is carried out for a use or activity that is consistent with its rights, obligations and obligations under an applicable multilateral treaty. on non-proliferation, to which it is a party, including the treaties referred to in Article 7.

2. Any person commits a crime if that person unlawfully and intentionally uses any device, substance or weapon.:

(a) Commits an act of violence against a person at an airport serving international civil aviation that causes or is likely to cause serious injury or death; or

b) destroys or seriously damages the equipment and facilities of an airport serving international civil aviation, or an aircraft located at the airport that is not in service, or disrupts the operation of airport services,

if such an act threatens or may endanger security at that airport.

3. Any person also commits a crime if that person:

(a) Threatens to commit any of the offences referred to in sub-paragraphs (a), (b), (c), (d), (f), (g) and (h) of paragraph 1, or the offence referred to in paragraph 2 of this Article; or

b) unlawfully and intentionally causes any person to receive the threat of committing such a crime,

under circumstances that indicate that the threat is real.

4. Any person also commits a crime if that person:

(a) Attempts to commit any of the offences referred to in paragraphs 1 or 2 of this Article; or

(b) Organizes or directs other persons to commit an offence referred to in paragraphs 1, 2, 3 or 4 (a) of this Article; or

d) unlawfully and intentionally helps another person to avoid investigation, prosecution or punishment, knowing that this person has committed an act that constitutes a crime specified in paragraphs 1, 2, 3, 4 (a), 4 (b) or 4 (c) of this Article, or that this person is wanted by law enforcement agencies for criminal prosecution for such a crime, or convicted of such a crime.

5. Each State Party shall also recognize as criminal, regardless of the actual commission or attempt to commit any of the offences referred to in paragraphs 1, 2 or 3 of this Article, both or one of the following acts, when committed intentionally:

(a) Conspiring with one or more persons to commit the offence referred to in paragraphs 1, 2 or 3 of this Article, and, if provided for by national law, it is also assumed that one of the participants in the conspiracy will commit any act to carry out this conspiracy; or

(b) Assistance in any other way to the commission of one or more of the offences referred to in paragraphs 1, 2 or 3 of this Article by a group of persons acting with a common purpose, and such assistance:

(i) Is provided for the purpose of supporting the general nature of the criminal activity or purpose of the group, if such activity or purpose is related to the commission of an offence referred to in paragraphs 1, 2 or 3 of this Article; or

ii) turns out to be aware of the intent of the group to commit the crime specified in paragraphs 1, 2 or 3 of this Article.

Article 2

For the purposes of this Convention:

(a) An aircraft is considered to be in flight at any time from the moment all its external doors are closed after loading until any such doors are opened for unloading; in the case of an emergency landing, flight is considered to take place until the competent authorities assume responsibility for the aircraft and for persons and property, those on board;

(b) An aircraft is considered to be in service from the beginning of the pre-flight preparation of the aircraft by ground personnel or crew for a particular flight until the expiration of twenty-four hours after any landing; the period of operation in any case lasts for the entire period of the aircraft's stay in flight, as defined in paragraph (a) of this Article.;

(d) "Toxic chemical" means any chemical that, due to its chemical effects on vital processes, may cause death, temporary incapacitating effects, or permanent harm to humans or animals. This includes all such chemicals, regardless of their origin or method of production, and regardless of whether they are produced in facilities, ammunition, or elsewhere.;

(e) "Radioactive material" means nuclear material and other radioactive substances that contain nuclides that decay spontaneously (a process involving the emission of ionizing radiation of one or more types, such as alpha radiation, beta radiation, neutron radiation and gamma radiation), and which, by virtue of their radiological properties or their properties, may divisions can cause death, serious injury, or significant damage to property or the environment.;

(f) "Nuclear material" means plutonium, with the exception of plutonium with an isotope concentration exceeding 80% of plutonium-238; uranium-233; uranium enriched in the isotopes uranium-235 or uranium-233; uranium containing a mixture of isotopes occurring naturally in a form other than ore or ore residues; or any material containing one or more of the above elements;

(g) "Uranium enriched in the isotopes uranium-235 or uranium-233" means uranium containing the isotopes uranium-235 or uranium-233 or both in such quantities that the excess percentage of the sum of these isotopes compared to the isotope uranium-238 is higher than the percentage of the isotope uranium-235 compared to the isotope uranium-238, found in nature;

h) "BHA weapon" means:

(a) "Biological weapons", which are:

(i) Microbiological or other biological agents or toxins, whatever their origin or method of production, of such types and in such quantities as are not intended for preventive, protective or other peaceful purposes; or

(ii) Weapons, equipment or means of delivery intended for the use of such agents or toxins for hostile purposes or in armed conflict;

(b) "Chemical weapons", which are collectively or individually:

(i) Toxic chemicals and their precursors, except where they are intended for:

(A) For industrial, agricultural, research, medical, pharmaceutical or other peaceful purposes; or

(B) Protective purposes, namely those directly related to protection against toxic chemicals and protection against chemical weapons; or

(C) Military objectives that are not related to the use of chemical weapons and do not depend on the use of toxic properties of chemicals as a means of warfare; or

(D) Law enforcement purposes, including combating riots in the country, provided that the types and quantities correspond to such purposes;

(ii) Ammunition and devices specifically designed to cause fatal injury or other harm due to the toxic properties specified in subparagraph (b) (i) of toxic chemicals released as a result of the use of such ammunition and devices;

(iii) Any equipment specifically designed for use directly in connection with the use of ammunition and devices specified in subparagraph (b) (ii);

(i) "Precursor" means any chemical reagent involved in any stage of the production of a toxic chemical by any means. This includes any key component of a binary or multicomponent chemical system.;

(j) The terms "source material" and "special fissionable material" have the same meaning as in the Statute of the International Atomic Energy Agency, done in New York on October 26, 1956.

Article 3

Each State Party undertakes to impose severe penalties for the offences referred to in Article 1.

Article 4

1. Each State Party may, in accordance with the principles of its domestic law, take the necessary measures to ensure that a legal entity located on its territory or established under its laws can be held accountable in the event of a crime committed by an individual responsible for managing or controlling that legal entity, who acts in that capacity., the crime referred to in Article 1. Such liability may be criminal, civil, or administrative in nature.

2. Such liability is without prejudice to the criminal liability of individuals who have committed these crimes.

3. If a State Party takes the necessary measures to hold a legal entity accountable in accordance with paragraph 1 of this Article, it shall ensure that the criminal, civil or administrative sanctions applied are effective, proportionate and have a deterrent effect. Such sanctions may include financial sanctions.

Article 5

1. This Convention does not apply to aircraft engaged in military, customs or police services.

2. In the cases provided for in subparagraphs (a), (b), (c), (e), (f), (g), (h) and (i) of paragraph 1 of Article 1, this Convention applies regardless of whether the aircraft is flying internationally or on domestic airlines, only if:

(a) The actual or intended place of take-off or landing of the aircraft is located outside the territory of the State of registration of such aircraft; or

b) the offence was committed in the territory of a State other than the State of registration of the aircraft.

3. Notwithstanding paragraph 2 of this Article, in the cases provided for in subparagraphs (a), (b), (c), (e), (f), (g), (h) and (i) of paragraph 1 of Article 1, this Convention shall also apply if the offender or the alleged offender is located in the territory of a State other than the State of registration of this aircraft.

4. In respect of the States Parties referred to in Article 15 and in the cases referred to in subparagraphs (a), (b), (c), (e), (f), (g), (h) and (i) of paragraph 1 of Article 1, this Convention shall not apply if the places referred to in subparagraph (a) of paragraph 2 of this Article, are located within the territory of one of the States specified in Article 15, except in the case when the crime has been committed or the offender or the alleged offender is located on the territory of any other State.

5. In the cases provided for in subparagraph (d) of paragraph 1 of Article 1, this Convention applies only if air navigation facilities are used for international air navigation.

6. The provisions of paragraphs 2, 3, 4, and 5 of this Article shall also apply in the cases provided for in paragraph 4 of Article 1.

Article 6

1. Nothing in this Convention affects other rights, obligations and obligations of States and individuals in accordance with international law, in particular in accordance with the purposes and principles of the Charter of the United Nations, the Convention on International Civil Aviation and international humanitarian law.

2. The actions of armed forces during an armed conflict, as these terms are understood in international humanitarian law, which are governed by this law, are not governed by this Convention, as well as the actions taken by the military forces of a State in order to exercise their official functions, since they are governed by other norms of international law.

3. The provisions of paragraph 2 of this Article shall not be interpreted as justifying or making lawful otherwise illegal acts or as hindering prosecution on the basis of other laws.

Article 7

Nothing in this Convention affects the rights, obligations and obligations under the Treaty on the Non-Proliferation of Nuclear Weapons, signed in Washington, London and Moscow on July 1, 1968, the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on Their Destruction, signed in Washington, London and Moscow April 10, 1972, or the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, signed in Paris on January 13, 1993, in relation to the States Parties to such treaties.

Article 8

1. Each State Party shall take such measures as may be necessary to establish its jurisdiction over the offences set forth in Article 1 in the following cases:

(a) When the offence is committed in the territory of that State;

b) when the offence is committed on board or in relation to an aircraft registered in that State;

c) when the aircraft on board of which the crime was committed lands on its territory and the alleged offender is still on board;

(d) When the offence is committed on board or in relation to an aircraft leased without a crew to a lessee whose principal place of business or, if the lessee has no such place of business, whose permanent residence is in that State;

(e) When the offence is committed by a national of that State.

2. Each State Party may also establish its jurisdiction over any such offence in the following cases::

a) when a crime is committed against a citizen of that State;

(b) When the offence is committed by a stateless person who habitually resides in the territory of that State.

3. Each State Party shall also take such measures as may be necessary to establish its jurisdiction over the offences set forth in Article 1 in the event that the alleged offender is present in its territory and it does not extradite that person in accordance with Article 12 to any of the States Parties that have established their jurisdiction in in accordance with the applicable paragraphs of this Article in relation to such offences.

4. This Convention does not exclude the exercise of any criminal jurisdiction in accordance with national legislation.

Article 9

1. Having satisfied itself that the circumstances so require, any State Party in whose territory the offender or alleged offender is present shall take that person into custody or take other measures to ensure the presence of that person. Detention and other measures are carried out in accordance with the legislation of that State, but may only last for the time necessary to take criminal procedural or extradition actions.

2. Such a State shall immediately conduct a preliminary investigation of the facts.

3. Any person in custody pursuant to paragraph 1 of this Article shall be assisted in immediately establishing contact with the nearest appropriate representative of the State of which he is a national.

4. When a State Party takes a person into custody in accordance with this Article, it shall immediately notify the States Parties that have established jurisdiction in accordance with paragraph 1 of Article 8 and have established jurisdiction and notified the depositary in accordance with subparagraph (a) of paragraph 4 of Article 21, and, if it deems it appropriate, any other interested States. about the fact that such a person is in custody and about the circumstances that served as the basis for the detention of this person. The State Party that carries out the preliminary investigation provided for in paragraph 2 of this Article shall immediately inform the aforementioned States Parties of the data it has received and indicate whether it intends to exercise jurisdiction.

Article 10

The State Party in whose territory the alleged offender finds himself, if it does not extradite that person, is obliged, without any exceptions and regardless of whether the crime was committed on its territory, to transfer the case to its competent authorities for the purposes of criminal prosecution. These authorities make decisions in the same way as in the case of any ordinary crime of a serious nature in accordance with the legislation of that State.

Article 11

Any person who is taken into custody or against whom any other measures have been taken or proceedings are being conducted in accordance with this Convention is guaranteed fair treatment, including the enjoyment of all rights and guarantees in accordance with the laws of the State in whose territory that person is located and applicable provisions of international law, including provisions on human rights..

Article 12

1. The offences referred to in Article 1 shall be deemed to be included as extraditable offences in any extradition treaty concluded between the Participating States. The participating States undertake to include such offences as extraditable offences in any extradition treaty concluded between them.

2. If a State Party that makes extradition conditional on the existence of a treaty receives a request for extradition from another State Party with which it does not have an extradition treaty, it may, at its discretion, consider this Convention as the legal basis for extradition in respect of such offences referred to in Article 1. Extradition is carried out in accordance with other conditions stipulated by the legislation of the State to which the extradition request is addressed.

3. States Parties that do not make extradition conditional on the existence of a treaty shall treat the offences referred to in Article 1 as extraditable offences between themselves in accordance with the conditions provided for by the legislation of the State to which extradition is requested.

4. Each of the offences shall be treated by the States Parties for the purposes of extradition as if it had been committed not only in the place where it was committed, but also in the territory of the States Parties, which are required to establish their jurisdiction in accordance with subparagraphs (b), (c), (d) and (e) of paragraph 1 of Article 8 and which have established jurisdiction in accordance with paragraph 2 of Article 8.

5. Each of the offences referred to in Article 1, paragraph 5 (a) and (b), shall be considered equivalent for the purposes of extradition by the States Parties.

Article 13

None of the offences referred to in Article 1 shall be considered, for the purposes of extradition or mutual legal assistance, as a political offence, or an offence related to a political offence, or an offence motivated by political motives. Therefore, a request for extradition or mutual legal assistance related to such a crime cannot be rejected solely on the grounds that it concerns a political crime or a crime related to a political crime or a crime motivated by political motives.

Article 14

Nothing in this Convention shall be interpreted as imposing an obligation to extradite a person or provide mutual legal assistance if the requested State Party has reasonable grounds to believe that the request for extradition in connection with the offences referred to in Article 1 or for mutual legal assistance in respect of such offences is intended to prosecute or punish that person. persons because of their race, religion, nationality, or ethnic origin, of political opinion or gender, or that granting this request would prejudice that person's position for any of these reasons.

Article 15

States Parties that establish joint air transport operating organizations or international operating agencies operating aircraft that are subject to joint or international registration shall, in respect of each aircraft, appropriately indicate the State among their number that exercises jurisdiction and acts as the State of registration in matters of this Convention and notify the Secretary-General accordingly. Secretary of the International Civil Aviation Organization, which shall send such notification to all States Parties to this Convention.

Article 16

1. The Participating States, in accordance with international law and national legislation, will strive to take all practicable measures to prevent the offences referred to in Article 1.

2. When, as a result of the commission of one of the offences referred to in Article 1, a flight is postponed or interrupted, any State Party in whose territory the aircraft, passengers or crew are present shall assist its passengers and crew in continuing their journey as soon as possible and shall return the aircraft and its crew without delay. cargo to the rightful owners.

Article 17

1. The Participating States shall provide each other with the fullest possible legal assistance in connection with criminal procedural actions taken in relation to the offences referred to in Article 1. In all cases, the legislation of the requested State applies.

2. The provisions of paragraph 1 of this Article shall not affect the obligations under any other treaty, bilateral or multilateral, which regulates or will regulate, in whole or in part, mutual legal assistance in criminal matters.

Article 18

Any State Party that has reason to believe that one of the offences referred to in Article 1 will be committed shall, in accordance with its national legislation, provide any relevant information at its disposal to those States Parties that, in its opinion, are the States referred to in paragraphs 1 and 2 of Article 8.

Article 19

Each State Party shall, in accordance with its national legislation, inform the Council of the International Civil Aviation Organization as soon as possible of any relevant information available to it regarding:

a) the circumstances of the crime;

(b) Actions taken in accordance with paragraph 2 of Article 16;

(c) The measures taken against the offender or the alleged offender and, in particular, the results of any extradition or other legal action.

Article 20

1. Any dispute between two or more States Parties concerning the interpretation or application of this Convention that cannot be settled through negotiation shall, at the request of one of them, be submitted to arbitration. If, within six months from the date of the request for arbitration, the Parties are unable to reach an agreement on the organization of arbitration, the dispute may, at the request of either Party, be referred to the International Court of Justice in accordance with the Statute of the Court.

2. Each State may, at the time of signature, ratification, acceptance or approval of this Convention or upon accession thereto, declare that it does not consider itself bound by the provisions of the preceding paragraph. The other Participating States will not be bound by the provisions of the preceding paragraph in their relations with any State Party that has made such a reservation.

3. Any State Party that has made a reservation in accordance with the preceding paragraph may at any time withdraw that reservation by notifying the depositary.

Article 21

1. This Convention shall be open for signature in Beijing on September 10, 2010 by the States participating in the Diplomatic Conference on Aviation Security held in Beijing from August 30 to September 10, 2010. After September 27, 2010, this Convention will be open for signature by all States at the Headquarters of the International Civil Aviation Organization in Montreal until its entry into force in accordance with Article 22.

2. This Convention is subject to ratification, acceptance or approval. The instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the International Civil Aviation Organization, who is hereby designated as the depositary.

3. Any State that has not ratified, accepted or approved this Convention in accordance with paragraph 2 of this Article may accede to it at any time. The instrument of accession shall be deposited with the depositary.

4. After the ratification, acceptance, approval of this Convention or accession to it, each State Party:

(a) Notify the depositary of the jurisdiction established by it under its national law in accordance with paragraph 2 of Article 8 and promptly notify the depositary of any change;

(b) May declare that it applies the provisions of subparagraph (d) of paragraph 4 of Article 1 in accordance with the principles of its criminal law concerning the release of family members from liability.

Article 22

1. This Convention shall enter into force on the first day of the second month following the date of deposit of the twenty-second instrument of ratification, acceptance, approval or accession.

2. For each State that has ratified, accepted, approved or acceded to this Convention after the deposit of the twenty-second instrument of ratification, acceptance, approval or accession, this Convention shall enter into force on the first day of the second month following the date of deposit by such State of its instrument of ratification, acceptance, approval or accession.

3. As soon as this Convention enters into force, it shall be registered with the United Nations by the depositary.

Article 23

1. Any State Party may denounce this Convention by notifying the depositary in writing.

2. The denunciation takes effect one year after the date of receipt of the notification by the depositary.

Article 24

In relations between the Participating States, this Convention shall prevail over the following documents:

a) Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed in Montreal on September 23, 1971;

(b) Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 23 September 1971, signed at Montreal on 24 February 1988.

Article 25

The depositary shall immediately inform all States Parties to this Convention and all States that have signed or acceded to this Convention of the date of each signature, the date of deposit of each instrument of ratification, approval, acceptance or accession, the date of entry into force of this Convention and provide them with other relevant information.

IN WITNESS WHEREOF, the undersigned plenipotentiaries, duly authorized, have signed this Convention.

DONE at Beijing on the tenth day of September of the year two thousand and ten in the Arabic, Chinese, English, French, Russian and Spanish languages, all texts being equally authentic, becoming so after verification by the secretariat of the Conference within the authority of the President of the Conference within ninety days from the date indicated here with a view to bringing them into conformity with each other. a friend. This Convention shall remain deposited in the archives of the International Civil Aviation Organization, and certified copies thereof shall be transmitted by the depositary to all Contracting States to this Convention.

RCPI's note! The text of the Convention is attached in Arabic, Chinese, English, French and Spanish.

President

Republic of Kazakhstan

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