from the president of the united states · ‘‘beijing protocol’’), adopted by the...

U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON :

1

99–118

SENATE " ! 116TH CONGRESS 2d Session

TREATY DOC.

2020

116–4

PROTOCOL SUPPLEMENTARY TO THE CONVENTION FOR THE SUPPRESSION OF UNLAWFUL SEIZURE OF AIRCRAFT

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATES TRANSMITTING

PROTOCOL SUPPLEMENTARY TO THE CONVENTION FOR THE SUP-PRESSION OF UNLAWFUL SEIZURE OF AIRCRAFT (THE ‘‘BEIJING PROTOCOL’’), ADOPTED BY THE INTERNATIONAL CIVIL AVIATION ORGANIZATION INTERNATIONAL CONFERENCE ON AIR LAW (DIPLOMATIC CONFERENCE ON AVIATION SECURITY) IN BEIJING ON SEPTEMBER 10, 2010, AND SIGNED BY THE UNITED STATES ON THAT SAME DATE

JUNE 18, 2020.—Treaty was read the first time, and together with the accompanying papers, referred to the Committee on Foreign Relations and ordered to be printed for the use of the Senate

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(III)

LETTER OF TRANSMITTAL

THE WHITE HOUSE, June 18, 2020. To the Senate of the United States:

With a view to receiving the advice and consent of the Senate to ratification, I transmit herewith the Protocol Supplementary to the Convention for the Suppression of Unlawful Seizure of Aircraft (the ‘‘Beijing Protocol’’), adopted by the International Civil Aviation Or-ganization International Conference on Air Law (Diplomatic Con-ference on Aviation Security) in Beijing on September 10, 2010, and signed by the United States on that same date. I also transmit, for the information of the Senate, the report of the Department of State with respect to the Beijing Protocol.

The Beijing Protocol is an important component of international efforts to prevent and punish terrorism targeting civil aviation. It supplements the Convention for the Suppression of Unlawful Sei-zure of Aircraft, done at The Hague on December 16, 1970 (the ‘‘Hague Convention’’), and fills several gaps in the existing inter-national legal framework for combatting global terrorism. It will significantly advance cooperation between States Parties in the prevention of the full range of unlawful acts relating to civil avia-tion and in the prosecution and punishment of offenders.

The Beijing Protocol amends the existing hijacking offense in the Hague Convention to cover hijackings that occur pre- or post-flight and addresses situations in which the offender may attempt to con-trol an aircraft from outside of the aircraft, such as by remotely interfering with flight operation or data transmission systems. The Beijing Protocol requires States Parties to criminalize these acts under their domestic laws and to cooperate to prevent and inves-tigate suspected crimes under the Beijing Protocol. It includes an ‘‘extradite or prosecute’’ obligation with respect to persons accused of committing, attempting to commit, conspiring to commit, or aid-ing in the commission of such offenses.

Some changes to United States law will be needed for the United States to implement provisions of the Beijing Protocol, obligating the United States to criminalize certain offenses, make those of-fenses punishable by appropriate penalties, and authorize the as-sertion of jurisdiction over such offenses. Proposed legislation is being separately transmitted by my Administration to the Con-gress.

I recommend that the Senate give early and favorable consider-ation to the Beijing Protocol, subject to a reservation and certain understandings that are described in the accompanying report of the Department of State.

DONALD J. TRUMP.


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(V)

LETTER OF SUBMITTAL

DEPARTMENT OF STATE, Washington, February 5, 2020.

The PRESIDENT, The White House.

MR. PRESIDENT: I have the honor to submit to you, with a view to its transmission to the Senate for advice and consent to ratifica-tion, subject to a reservation and certain understandings set forth in the enclosed overview, the Protocol Supplementary to the Con-vention for the Suppression of Unlawful Seizure of Aircraft (‘‘the Beijing Protocol’’), adopted by the International Civil Aviation Or-ganization International Conference on Air Law (Diplomatic Con-ference on Aviation Security) in Beijing on September 10, 2010, and signed by the United States on that same date. The Beijing Protocol is an important component of international efforts to pre-vent and punish terrorism targeting civil aviation. It supplements the Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague on December 16, 1970 (‘‘the Hague Conven-tion’’), and strengthens the existing international legal framework for combating global terrorism. It will significantly advance co-operation between States Parties in the prevention of the full range of unlawful acts relating to civil aviation and in the prosecution and punishment of offenders.

As of March 2, 2020, 34 States have deposited their instruments of ratification, acceptance, approval, or accession. An additional 20 States have signed the Beijing Protocol but have not yet deposited an instrument of ratification, acceptance, or approval. An overview of the Beijing Protocol, including a detailed article-by-article anal-ysis, is enclosed with this report. Recommended legislation nec-essary to implement the Beijing Protocol is being prepared for sep-arate submission to the Congress. The Departments of Justice, Homeland Security, Defense, and Energy join in recommending that the Beijing Protocol be transmitted to the Senate at an early date for its advice and consent to ratification, subject to a reserva-tion to and certain understandings.

With the exception of the provisions that obligate the United States to criminalize certain offenses, make those offenses punish-able by appropriate penalties, and authorize the assertion of juris-diction over such offenses, the Beijing Protocol is self-executing. In-cluded among the self-executing provisions are those provisions ob-ligating the United States to treat certain offenses as extraditable offenses for purposes of bilateral extradition treaties. None of the provisions of the Beijing Protocol, including Articles IX and X, con-fer private rights enforceable in United States courts.


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VI

I recommend, therefore, that you transmit the Beijing Protocol to the Senate for its advice and consent to ratification.

Sincerely, MICHAEL R. POMPEO.

Enclosures: As stated.


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from the president of the united states · ‘‘beijing protocol’’), adopted by the...

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