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