    [Senate Treaty Document 116-3]
    [From the U.S. Government Publishing Office]

    116th Congress     }                                {       Treaty Doc.
                                     SENATE
     2d Session        }                                {            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 RELATING TO
     INTERNATIONAL CIVIL AVIATION (THE ``BEIJING CONVENTION''), 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

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     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
                                   __________

                          U.S. GOVERNMENT PUBLISHING OFFICE

    99-118                     WASHINGTON : 2020

                             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 ``Beijing Convention''), 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. 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
    international 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 supersedes 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 criminalize specified acts under
    their domestic laws and to cooperate to prevent and investigate
    suspected crimes under the Beijing Convention. It includes an
    ``extradite or prosecute'' obligation with respect to persons
    accused of committing, attempting to commit, conspiring 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 offenses punishable by appropriate penalties, and
    authorize the assertion of jurisdiction over such offenses.
    Proposed legislation is being separately transmitted by my
    Administration to the Congress.
        I recommend that the Senate give early and favorable
    consideration to the Beijing Convention, subject to a
    reservation and certain understandings that are described in
    the accompanying report of the Department of State.

                                                       Donald J. Trump.

                              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 ratification, subject to a reservation and certain
    understandings set forth in the enclosed overview, the
    Convention on the Suppression of Unlawful Acts Relating to
    International Civil Aviation (``the Beijing Convention''),
    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. 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 extradition of those who commit
    or aid terrorist acts aboard or against aircraft and those who
    traffic in weapons of mass destruction 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
    Security, 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 punishable by appropriate penalties, and authorize the
    assertion of jurisdiction 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 extraditable 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
    Convention to the Senate for its advice and consent to
    ratification.
        Sincerely,
                                                     Michael R. Pompeo.
        Enclosures: As stated.

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