CIVIL AVIATION SECURITY AGREEMENT - CORRECTED TEXT

UNCLAS YEREVAN 000373 SIPDIS SENSITIVE SIPDIS DEPT FOR EUR/CARC (KWITMER) AND EB/TRA/AN (TCOLEMAN) E.O. 12958: N/A TAGS: EAIT PREL KTIA AM SUBJECT: CIVIL AVIATION SECURITY AGREEMENT - CORRECTED TEXT OF GOAM PROPOSED CHANGES REF: A) 06 STATE 126429 B) 06 YEREVAN 1703 C) PELLETREAU-COLEMAN E-MAIL 12-8-2006 Sensitive but unclassified. Please protect accordingly. ¶1. (SBU) On December 7, 2006, the GOAM submitted a Diplomatic Note to the Embassy with proposed changes to the draft Civil Aviation Security Agreement initiated by the USG in August 2006 (ref A). Unfortunately, post incorrectly transcribed the text of the Diplomatic Note and the text reported in reftel B was both incomplete and incorrect. Ref C e-mail, however, highlighted the omitted text concerning termination of the agreement. In order to correct any misunderstandings, post is resending the text of the GOAM's December 7, 2006 Diplomatic Note. The changes proposed by the GOAM were submitted in English and the text in para 2 reflects the full and complete GOAM proposed text. Post regrets any inconvenience caused by the incorrect transcription. Despite the fact that Armenia is also reviewing a proposed Open Skies Agreement, post believes that GOAM approval for an Open Skies agreement may still be months away and recommends that we continue to work to finalize this security agreement as quickly as possible. ¶2. (U) GOAM proposed language for the Civil Aviation Security Agreement: BEGIN TEXT: AGREEMENT ON CIVIL AVIATION SECURITY BETWEEN THE GOVERNMENT OF THE REPUBLIC OF ARMENIA AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA The Government of the Republic of Armenia and the Government of the United States of America (hereinafter Parties): Having regard to our civil transport relations, which are conducted on the basis of comity and reciprocal co-operation; Reaffirming that one obligation to protect, in our mutual relationship, the security of civil aviation against acts of unlawful interference is an integral part of our civil air transport relations in accordance with our rights and obligations under international law; Noting, that each Party has the right to withhold, revoke, limit or impose conditions on the operating authorization or technical permission of an airline or airlines of the other Party to ensure the security of civil aviation; Enter into agreement as follows: Article 1 The Parties agree to carry out co-operation in (sic.) sphere of civil aviation security, based on this Agreement, their national legislations (sic.) and those international treaties to which they are members. The Parties shall provide upon request all necessary assistance to each other to prevent act (sic.) of seizure of civil aircraft and other acts against the safety of such aircraft, of their passengers and crew, and of airports and air navigation facilities. In case of any threat it is necessary to apply to the civil air navigation center. Article II The Parties shall act in conformity with the provisions of the Convention on Offenses and Certain Other Acts Committed on Board Aircraft, done at Tokyo on 14 September, 1963; the Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague on 16 December, 1970; the Convention on Unlawful Acts against the Safety of Civil Aviation done at Montreal on 23 September, 1971; and the Protocol Supplementary to the Montreal Convention of 1971 on Acts of Violence at Airports, done at Montreal on 24 February, 1988. Article III The Parties shall, in their mutual relations, act in accordance with the aviation security standards and appropriate recommended practices established by the International Civil Aviation Organization and designated as Annexes to the Convention on International Civil Aviation, done at Chicago on 7 December, 1944. Parties shall require that operators of aircraft of their registry as well as operators of aircraft who have their principal place of business or permanent residence in their territory, and the operators of airports acting in their territory, act in conformity with such aviation security provisions and conditions. Article IV Each Party is obligated to carry out all provision and conditions connected with security which are required by the other Party for entry into, for departure from, and while within the territory of the other Party and also to take appropriate measures to protect aircraft and to inspect passengers, crew, and their baggage and carry-on items, as well as cargo, and aircraft stores, prior to boarding or loading. Each Party shall also give positive consideration to any request from the other Party for special security measures to meet a particular threat. Article V When an incident or threat of an incident of unlawful seizure of aircraft or other unlawful acts against the passengers, crew, aircraft, airports, or air navigation facilities occurs, the Parties shall assist each other by providing information and shall initiate other measures intended to terminate such incident or threat. Article VI When either Party has reasonable grounds to believe that the other Party has violated or has departed from conditions and provisions of this Agreement, that Party has (sic.) right to enter into direct negotiations with the other Party or to organize consultation. Article VII This Agreement will come into force on the date of receiving the last written notification, by which the Parties notify each other through diplomatic channel concerning the fulfillment of procedures under the national legislation required for its entry into force and is concluded for an unlimited period of time. Either Party may terminate this Agreement upon six months written notice to the other Party. Done in Yerevan this (xxth) day of (month),2006 in two copies, in Armenian and English, two texts having equal legal force. For the Government of the Republic of Armenia For the Government of the United States of America END TEXT. GODFREY