PROCLAMATION NO. 432/2004.
ETHIOPIA AVIATION SECURITY PROCLAMATION
WHEREAS, it in necessary to counter the increasing threat of unlawful acts against the safety, regularity and efficiency of civil aviation;
WHEREAS, it is necessary to give effect to the Chicago Convention and annex 17 thereto issued by the International Civil Aviation Organization, to which Ethiopia is a party;
NOW, THEREFORE, in accordance with Article 55 (1) of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows;
1. Short Title
This Proclamation may be cited as the “Ethiopian Aviation Security Proclamation No. 432/2004.”
In this Proclamation, unless the context otherwise requires;
1/ “Acts of unlawful interference” are the offences as described in the “Offences Against the Safety of Aviation, Proclamation No. 31/1996.”
2/ “Aircraft” shall have the meaning provided in the “Ethiopian Civil aviation Authority Reestablishment Proclamation No. 273/2002.”
3/ “Threat” shall mean a communicated threat, anonymous or otherwise, which suggests of infers whether true or false that the safety of an aircraft in flight or on the ground, or any airport or civil aviation facility or any person may be in danger from an explosive or other item or device.
4/ “Dangerous Article” shall mean any Article which is capable of posing risk to the passengers health and safety of the passengers as well as the aircraft when transported either in the cabin or in the cargo compartment.
5/ “International Airport” shall mean airport designated within the Contracting State to service as a point of entry and departure for International flights and where controlling activates of customs, immigration, public health, animal and plant quarantine and others are carried out.
6/ “Operator” shall mean any person, organization or enterprise engaged in or assisting to those who are engaged in an aircraft operation.
7/ “Screening” shall mean the Security control to detect weapons, explosives dangerous Articles etc which may be used for committing an act of unlawful interference.
8/ “Security” shall mean a combination of measured, human and material resources intended to safeguard civil aviation against acts of unlawful interference.
9/ “Security Screening Equipment” shall mean screening equipment, which prevents international civil aviation and its facilities from acts unlawful interference.
10/ “Restricted area” shall mean those buildings and facilities located in the airport in which their access is seriously restricted for the purpose of convenient performance of international civil aviation security.
11/ “Sterile area” shall mean an area between any passenger inspection /screening station and an aircraft into which access in strictly controlled.
12/ “Contingency plan” shall mean a plan which indicates the responsibilities and action to be taken by various bodies to ensure the security of the passengers, flight personnel, ground personnel and the general public at the airport during an act of unlawful interference.
13/ “Classified document/Articles” shall mean documents or Articles which are known and classified by the concerned government agencies as secrete.
Assignment of Responsibilities
3. Security Immigration and Refugee Affairs Authority
1/ Without prejudice to the general responsibilities given to it under the law, the Security, Immigration and Refugee Affairs Authority Shall be responsible for the overall implementation of this Proclamation.
2/ Subject to Article 3.1.a. above, Security, Immigration and Refugee Affairs Authority Shall have the following duties and responsibilities with regard to aviation security:-
a) Respond to an act of unlawful interference, command the use of force;
b) Perform the activity of screening, surveillance and escorting to prevent acts of unlawful interference.
c) Develop and implement contingency plan at airport and national levels;
d) Assess the threats or movements that pose danger on aircraft and airports. Transmit the information when necessary to and follow-up actions to be taken by relevant organization and countries;
e) Issue detailed directive regarding the protection and security control of airports, aircraft, airport facilities, navigational equipment;
f) Design a system to co-coordinate the activities of the various authorities or organizations responsible under this Proclamation;
g) Follow-up the implementation of the duties and responsibilities assigned to the relevant bodies in this Proclamation.
h) Inform the media about acts of unlawful interference; respond to questions raised from various media agencies regarding aviation security;
i) Issue and implement airport aviation security directive issued pursuant to this Proclamation;
j) Appoint airport security officer responsible for the implementation of airport aviation security directive;
k) Provide the required support to any country’s airlines operator when it requests for special security measure;
l) Submit report to the International Civil Aviation Organization in accordance with the reporting procedure, when acts of unlawful interferences occur;
m) Establish reliable relations and fast communication with aviation security authority of other countries;
n) Ensure that architectural and infrastructure related requirements for the optimum utilization of aviation security measures are integrated into the design and construction of new facilities and alterations to existing facilities at air ports;
o) In collaboration with other relevant bodies, develop policy and law relating to civil aviation security and submit them for approval; notify the approved policy and law to the relevant bodies;
p) Evaluate regularly the continued effectiveness of this Proclamation by establishing evaluating criteria, reviewing and taking remedial actions;
q) Provide the required supporting facilities and training facilities of airport security service for airports in Ethiopia;
r) Based on this Proclamation, review and approve security programs or directive of air operators;
s) Develop Ethiopian aviation security training programme and training criteria in line with the standards issued by International Civil Aviation Organization, and provide training. Approve training programmes of other institutions; exchange information and cooperate with other countries and organizations that provide training;
t) Ensure that the procurement of aviation security equipment specially passenger baggage and physical screening equipment, meet the national standard;
4. Ethiopian Civil Aviation Authority
In accordance with this Proclamation, the Ethiopia Civil Aviation Authority shall have the following duties and responsibilities:
1/ Carryout performance auditing to ascertain that the responsible bodies have fulfilled the duties and responsibilities vested in them under this Proclamation, in accordance with the standard set by ICAO and forward the report thereon to Security, Immigration and Refugees Affairs Authority, Ethiopian Aviation Security Committee and to all other pertinent bodies; ensure that corrective actions are taken on time in accordance with the findings of the audit.
2/ Inform the Security, Immigration and Refugee Affairs Authority its evaluation of the aviation security programmes developed by operators and airports, in compliance with this Proclamation.
3/ Ensure the content of the Ethiopian aviation security training program and training institutions meet the standards and options of International Civil Aviation Organization.
4/ Participate as a member in all security committees by be established at airports.
5/ Give landing permission and air navigation services to an aircraft under an act of unlawful interference.
5. The Federal Police Commission
Without prejudice to the power given it under the law, the Federal Police Commission shall have the following duties and responsibilities;
1/ Investigate crimes committed on civil aviation institutions and equipment flight safety equipments.
2/ Protect airport areas, terminals, institutions and flight safety equipments.
3/ Perform surveillance activities to prevent unlawful acts against aviation institutions and flight safety equipment.
4/ Prepare contingency plan to be approved by Security Immigration and Refugee Affairs Authority and implement it upon approval.
6. Ministry of Defense
a) Without prejudice to the power given to it under the law, the Ministry shall participate in the execution of the contingency plan, where necessary.
b) Provide access control and perform other security functions jointly with the Police at civil airports.
7. Ethiopian Airports Enterprise
without prejudice to the responsibilities vested to it by law, the Ethiopian Airports Enterprise shall have the following duties and responsibilities:
1/ Participate in the preparation and implementation of an airports’ aviation security directive:
2/ Participate as a member in the airport security committee.
3/ Ensure that the design of new airport construction or rehabilitation meets the requirements of aviation security by submitting the design for approval to the Security, Immigration and Refugee affairs Authority.
4/ Develop contingency plan in accordance with directives issued by Security, Immigration and Refugees Affairs Authority.
5/ Ensure that this Proclamation is complied with when preparing airport facilitation directive and various working rules.
Any operator shall implement this Proclamation and the directive issued here-under
9. The Ethiopia Civil Aviation Security Committee
1/ There is hereby established the Ethiopia Civil Aviation Security Committee
2/ The Committee shall have the following members;
a) Security, Immigration and Refugee Affairs Authority ………………Chairman
b) Federal Police Commission……………………………Secretary
c) Ministry of Inland Revenue………………………….Member
d) Ministry of Foreign Affairs………………………….. “
e) Ethiopian Civil Aviation Authority………………….. “
f) Ethiopian Airports Enterprise………………………… “
g) Ethiopian Airlines Enterprise………………………… “
3/ The Committee may, where necessary allow the participation of additional members from government and non-government organizations, temporarily or permanently.
4/ Each committee member, governmental and non-governmental shall be represented by the high official or the deputy thereof.
5/ The committee shall:
a) Advise the Security, Immigration and Refugee Affairs Authority regarding the measures to be taken against the possible threats on civil aviation and the facilities.
b) Review the already implemented measures and new threats and submit proposals of change taking into account technological developments and other factors.
c) Ensure the existing of among the organizations and their representatives that coordination of implementation are responsible to implement these Regulations.
d) Review amendment proposals of these Regulations and submits opinions thereon
e) Review proposals submitted by airport aviation security committee, and opinion thereon Submits to security Immigration and Refugee Affair Authority.
6/ The committee develops its internal working rules.
10. Airport Aviation Security Committee
1/ The committee shall be established at international airports as well as at domestic airports as required.
2/ The committee shall:
a) Advise the Security, Immigration and Refugee Affairs Authority on the strengthening of aviation security.
b) Ensure that the security measures and procedures thereof at airports are implemented in a coordinated manner.
Security Control of Persons and Items Going on
11. Requirement of Screening
1/ Any passenger and his baggage shall be screened before entering into an aircraft or sterile area.
2/ Airline crew, airport staff and other non-passengers passing through the security point into the sterile area shall be screened in the same manner as passengers. The screening shall include carry-on baggage.
3/ The aircraft, all cargo, courier and express parcels, and mail shall be subject to appropriate security control or screening.
12. Special Screening Procedures
1/ Diplomats and Diplomatic Pouch
The screening of Diplomats, Diplomatic Pouches and Diplomatic baggage shall be carried out in accordance with the directives issued by Ministry of Foreign Affairs for the implementation of International Agreements to which Ethiopia is a party.
2/ Classified Materials
Materials that are classified by appropriate agencies of government shall be inspected only to the extent necessary to ensure the absence of weapons or dangerous articles. However, if any suspicious or unidentified material is found within the classified material, it shall not be transported by any operator.
13. Exemption from screening
1/ For the purpose of special arrangement, the Ministry of Foreign Affairs shall forward ahead of time the traveling information of those persons exempted from screening process, the Security, Immigration and Refugee Affairs Authority and operators.
2/ Persons may be exempted by the Government with prior notification.
14. Private Screening
Passengers carrying high value goods, those with pacemakers, those who are handicapped or others requiring private screening, shall be screened on a protected area.
15. Authorized Carriage of Weapons
Law enforcement personals or any legally licensed person may carry weapons in the cabin or baggage compartment of the aircraft.
16. Carriage of Persons in Custody or Administrative Control
1/ The operator or the relevant Country shall be given prior notification of the conditions of carriage of a person in custody or administrative control or mentally interdicted. The directive on the details shall be issued by Security, Immigration and Refugee Affairs Authority.
2/ In order to ensure the security of the passenger who is under legal custody, operators shall incorporate procedures in their respective aviation security program,.
17. Civil Aviation Security Expense
1/ The Ethiopia Airports Enterprise, except for the salaries of security personnel and operational expenses, shall bear the expenditure to procure facilitation materials and to carry out required construction works in all airports under it administration, required for Civil Aviation security.
2/ The expenditure made by the Enterprise shall be reimbursed from users in accordance with the International Civil Aviation Organizations recommended practices.
18. Authority To Issue Directives
The Security, Immigration and Refugee Affairs Authority may issue directives for the implementation of this Proclamation.
19. Inapplicable Laws
For matters provided herein, laws directives and practices that contravene this Proclamation shall be inapplicable.
Any one who contravenes this Proclamation shall be punished in accordance with the relevant law.
21. Effective Date
This Proclamation shall come into force as of 2nd day of February, 2005.
Done at Addis Ababa, this 2nd day of February, 2004.
PRESIDENT OF THE FEDERAL
DEMOCRATIC REPUBLIC OF EHTIOPIA