from the president of the united statesing to international civil aviation (the ‘‘beijing...

U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON :

1

99–118

SENATE " ! 116TH CONGRESS 2d Session

TREATY DOC.

2020

116–3

CONVENTION ON THE SUPPRESSION OF UNLAWFUL ACTS RELATING TO INTERNATIONAL CIVIL AVIATION

MESSAGE

FROM

THE PRESIDENT OF THE UNITED STATES TRANSMITTING

CONVENTION ON THE SUPPRESSION OF UNLAWFUL ACTS RELAT-ING TO INTERNATIONAL CIVIL AVIATION (THE ‘‘BEIJING CON-VENTION’’), 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 Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation (the ‘‘Bei-jing Convention’’), 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 Convention.

The Beijing Convention is an important component of inter-national efforts to prevent and punish both terrorism targeting civil aviation and the proliferation of weapons of mass destruction. As between parties to the Beijing Convention, it replaces and super-sedes the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation, done at Montreal, September 23, 1971, and its supplementary protocol, the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, done at Montreal, February 24, 1988. It significantly strengthens the existing international counterterrorism legal framework and facilitates the prosecution and extradition of those who seek to commit acts of terror, including acts such as those committed on September 11, 2001.

The Beijing Convention establishes the first international treaty framework that criminalizes certain terrorist acts, including using an aircraft in a terrorist activity and certain acts relating to the transport of weapons of mass destruction or related materials by aircraft. The Beijing Convention requires States Parties to crim-inalize specified acts under their domestic laws and to cooperate to prevent and investigate suspected crimes under the Beijing Con-vention. It includes an ‘‘extradite or prosecute’’ obligation with re-spect to persons accused of committing, attempting to commit, con-spiring to commit, or aiding 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 Convention 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 Convention, subject to a reservation and cer-


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IV

tain 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 Convention on the Suppression of Un-lawful Acts Relating to International Civil Aviation (‘‘the Beijing Convention’’), adopted by the International Civil Aviation Organi-zation 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. The Beijing Convention is an important component of international efforts to prevent and punish both terrorism targeting civil aviation and the proliferation of weapons of mass destruction. It strengthens the legal basis for international cooperation in the investigation, prosecution, and ex-tradition of those who commit or aid terrorist acts aboard or against aircraft and those who traffic in weapons of mass destruc-tion aboard aircraft.

As of March 2, 2020, 33 States have deposited their instruments of ratification, acceptance, approval, or accession, and an additional 21 States have signed the Beijing Convention but not yet deposited an instrument of ratification, acceptance, or approval. An overview of the Convention, including a detailed article-by-article analysis, is enclosed with this Report. Recommended legislation necessary to implement the Beijing Convention is being prepared for separate submission to Congress. The Departments of Justice, Homeland Se-curity, Defense, and Energy join in recommending that the Beijing Convention be transmitted to the Senate at an early date for its advice and consent to ratification, subject to a reservation pursuant to Article 20(2) and the understandings to Articles 6(2) and 11.

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 Convention is self-executing. Included among the self-executing provisions are those provisions obligating the United States to treat certain offenses as extra-ditable offenses for purposes of bilateral extradition treaties. None of the provisions of the Beijing Convention, including Articles 9 and 11, confer private rights enforceable in United States courts.

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


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Sincerely, MICHAEL R. POMPEO.

Enclosures: As stated.


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from the president of the united statesing to international civil aviation (the ‘‘beijing...

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