5.4. International Civil Aviation Organization (ICAO)

5. International Response

1	What it does Sets Standards and Recommended Practices (SARPs) for civil aviation security through Annex 17 to the Chicago Convention.
2	When it applies International civil aviation, including passenger flights and air cargo operations.
3	Who is responsible ICAO Contracting States, supported by audits under the Universal Security Audit Programme, Continuous Monitoring Approach (USAP-CMA).
4	Status Annex 17 mandatory for Contracting States; expanded substantially after 9/11 and updated regularly. Continuous monitoring in place since 1 January 2015.

Under Article 54(l) of the Chicago Convention, the ICAO Council adopts SARPs to safeguard international civil aviation. The security SARPs are contained in Annex 17.

Response after 9/11

ICAO acted quickly. In less than 10 months, seventeen new standards were added to Annex 17, jointly developed by ICAO, Contracting States, and industry. The new standards covered:

Application of Annex 17 to domestic operations
International cooperation on threat information
National quality control
Access control to airports and aircraft
Passenger and baggage screening (cabin and hold)
	In-flight security personnel and cockpit protection
	Code-sharing and collaborative arrangements
	Human factors
	Response management for acts of unlawful interference

A worldwide audit system, the Universal Security Audit Programme (USAP), was put in place at the same time. Trained, certified audit teams check Contracting States' compliance with Annex 17 and require corrective action where deficiencies are found. After two audit cycles between 2006 and 2012, the ICAO Council moved to a Continuous Monitoring Approach (USAP-CMA) on 1 January 2015.

Further Reading: The USAP-CMA

To find out more about the USAP-CMA, go to: The Universal Security Audit Programme Continuous Monitoring Approach (USAP-CMA) and its Objective

Later amendments

Annex 17 has been amended several times since:

Amendment	Point	Obligation on Contracting Parties
2005 main amendment	2025	Applicability of Annex 17; reinforcement of national civil aviation security control programme provisions; In-Flight Security Officers (IFSOs); general aviation and aerial work; one-stop security concept for passengers and baggage; risk assessment concept; security for all-cargo operations; and definitions
Regulated Agents (Standard 4.5.3)	2025	Standard 4.5.3 requires that airlines carry, on passenger flights, only consignments of cargo, courier and express parcels, or mail whose security has been accounted for by a Regulated Agent or by other security controls. Contracting States must "establish a process for approval of regulated agents if such agents are involved in implementing security controls" (ICAO 2006).
Air cargo security amendment	2010	More extensive screening of cargo, mail and other goods before loading; better protection from unauthorized interference between security check and aircraft departure; deployment of security equipment; security of air traffic service providers; training programs and instructor certification systems; cyber threats.
12th amendment	2011 (in force 1 July 2011)	Quality control; compliance; the certification of people responsible for screening compliance with performance standards; confidential reporting system for security information (ICAO 2011a).

Beyond Annex 17

A Diplomatic Conference under ICAO in September 2010 adopted two air law instruments to suppress unlawful acts against civil aviation:

n Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation

n Protocol Supplementary to the Convention for the Suppression of Unlawful Seizure of Aircraft

The two treaties further criminalize the act of using civil aircraft as a weapon, and of using dangerous materials to attack aircraft or other targets on the ground. They also provide for the unlawful transport of biological, chemical and nuclear weapons, and their related material, to be punishable. Making a threat against civil aviation may also trigger criminal liability (ICAO 2010).

Note: Cooperation with the WCO

In 2011 ICAO and the WCO signed a Memorandum of Understanding (MOU) for increased cooperation to protect air cargo from acts of terrorism or other criminal activity, and to speed up the movement of goods by air worldwide.

Cooperation between the two organizations focuses on aligning the regulatory framework of both organizations relative to air cargo. It includes electronic advance data, the sharing of information at various levels (government-to-government, Customs-to-Customs and Customs-to-industry), training and education, and risk management (ICAO 2011b).