[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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