[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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