[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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