[Senate Treaty Document 116-4]
[From the U.S. Government Publishing Office]
116th Congress } { Treaty Doc.
SENATE
2d Session } { 116-4
_______________________________________________________________________
PROTOCOL SUPPLEMENTARY TO THE CONVENTION FOR THE SUPPRESSION OF
UNLAWFUL SEIZURE OF AIRCRAFT
__________
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
transmitting
PROTOCOL SUPPLEMENTARY TO THE CONVENTION FOR THE SUPPRESSION OF
UNLAWFUL SEIZURE OF AIRCRAFT (THE ``BEIJING PROTOCOL''), 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 Protocol
Supplementary to the Convention for the Suppression of Unlawful
Seizure of Aircraft (the ``Beijing Protocol''), 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 Protocol.
The Beijing Protocol is an important component of
international efforts to prevent and punish terrorism targeting
civil aviation. It supplements the Convention for the
Suppression of Unlawful Seizure of Aircraft, done at The Hague
on December 16, 1970 (the ``Hague Convention''), and fills
several gaps in the existing international legal framework for
combatting global terrorism. It will significantly advance
cooperation between States Parties in the prevention of the
full range of unlawful acts relating to civil aviation and in
the prosecution and punishment of offenders.
The Beijing Protocol amends the existing hijacking offense
in the Hague Convention to cover hijackings that occur pre- or
post-flight and addresses situations in which the offender may
attempt to control an aircraft from outside of the aircraft,
such as by remotely interfering with flight operation or data
transmission systems. The Beijing Protocol requires States
Parties to criminalize these acts under their domestic laws and
to cooperate to prevent and investigate suspected crimes under
the Beijing Protocol. 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 Protocol,
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 Protocol, 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 Protocol
Supplementary to the Convention for the Suppression of Unlawful
Seizure of Aircraft (``the Beijing Protocol''), 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 Protocol is an
important component of international efforts to prevent and
punish terrorism targeting civil aviation. It supplements the
Convention for the Suppression of Unlawful Seizure of Aircraft,
done at The Hague on December 16, 1970 (``the Hague
Convention''), and strengthens the existing international legal
framework for combating global terrorism. It will significantly
advance cooperation between States Parties in the prevention of
the full range of unlawful acts relating to civil aviation and
in the prosecution and punishment of offenders.
As of March 2, 2020, 34 States have deposited their
instruments of ratification, acceptance, approval, or
accession. An additional 20 States have signed the Beijing
Protocol but have not yet deposited an instrument of
ratification, acceptance, or approval. An overview of the
Beijing Protocol, including a detailed article-by-article
analysis, is enclosed with this report. Recommended legislation
necessary to implement the Beijing Protocol is being prepared
for separate submission to the Congress. The Departments of
Justice, Homeland Security, Defense, and Energy join in
recommending that the Beijing Protocol be transmitted to the
Senate at an early date for its advice and consent to
ratification, subject to a reservation to and certain
understandings.
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
Protocol 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 Protocol, including Articles IX and X, confer private
rights enforceable in United States courts.
I recommend, therefore, that you transmit the Beijing
Protocol to the Senate for its advice and consent to
ratification.
Sincerely,
Michael R. Pompeo.
Enclosures: As stated.
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