# The Extradition (Aviation Security) Order 1997 S.I. 1997/1760 · made 22 July 1997 This Order applies the Extradition Act 1989 so as to make extraditable offences described in sections 2 and 3 of the Aviation Security Act 1982 (c. 36) (damaging or endangering the safety of aircraft) and section 1 of the Aviation and Maritime Security Act 1990 (c. 31) (endangering safety at aerodromes), attempts to commit such offences and participation in the commission of such offences. It applies to certain States Parties to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23rd September 1971 and to the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, signed at Montreal on 24th February 1988. Made under: 1870 c. 52; Extradition Act 1989 (repealed) ## Introductory text EXTRADITION Made 22nd July 1997 Laid before Parliament 1st August 1997 Coming into force 1st September 1997 At the Court at Buckingham Palace, the 22nd day of July 1997 Present, The Queen’s Most Excellent Majesty in Council Whereas the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation (referred to in this Order as “the Convention” and set out in Part 1 of Schedule 1 to this Order) signed at Montreal on 23rd September 1971 entered into force for the United Kingdom on 24th November 1973: And whereas the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, supplementary to the Convention, which was signed at Montreal on 24th February 1988, (referred to in this Order as “the Protocol”) the terms of which are set out in Part II of Schedule 1 to this Order, entered into force for the United Kingdom on 15th December 1990: And whereas the States mentioned in Part I of Schedule 2 to this Order are foreign States in respect of which the Convention is for the time being in force and in relation to which Orders in Council under section 2 of the Extradition Act 1870 are in force: And whereas the States mentioned in Part II of Schedule 2 to this Order are foreign States in respect of which the Protocol is for the time being in force and in relation to which Orders in Council under section 2 of the Extradition Act 1870 are in force: And whereas the States mentioned in Part IA of Schedule 3 to this Order are foreign States in respect of which the Convention is for the time being in force but with which no general extradition arrangements have been made: And whereas the States mentioned in Part IB of Schedule 3 to this Order are foreign States in respect of which the Protocol is for the time being in force but with which no general extradition arrangements have been made: And whereas section 22(3) of the Extradition Act 1989 provides that where general extradition arrangements have not been made with a State which is a Party to the Convention or, as the case may be, a party to the Protocol, and no Order in Council under section 2 of the Extradition Act 1870 is in force in relation to that State, an Order in Council applying the Extradition Act 1989 may be made under section 4 of that Act as if the Convention or, as the case may be, the Protocol constituted general extradition arrangements between the United Kingdom and the foreign State, or any foreign State, party to the Convention or, as the case may be, to the Protocol: Now, therefore, Her Majesty, in exercise of the powers conferred upon Her by sections 4(1), 22(3) and 37(3) of the Extradition Act 1989, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows: ## 1 This Order may be cited as the Extradition (Aviation Security) Order 1997, and shall come into force on 1st September 1997. ## 2 (1) (a) Part I of Schedule 2 to this Order specifies in the first column foreign States which are Parties to the Convention and with which extradition treaties (and relevant Orders in Council under section 2 of the Extradition Act 1870) are for the time being in force, in the second column the dates of those treaties, and in the third column those Orders; and (b) Schedule 1 to the Extradition Act 1989 shall apply in the case of a State specified in the first column in accordance with the extradition treaty whose date is specified in the corresponding entry in the second column, as supplemented by paragraphs 1 and 4 of Article 8 of the Convention; and (c) the Order in Council which gives effect to that extradition treaty shall be construed accordingly. (2) (a) Part II of Schedule 2 to this Order specifies foreign States which are Parties to the Protocol and with which extradition treaties (and relevant Orders in Council under section 2 of the Extradition Act 1870) are for the time being in force, in the second column the dates of those treaties, and in the third column those Orders; and (b) Schedule 1 to the Extradition Act 1989 shall apply in the case of a State specified in the first column in accordance with the extradition treaty whose date is specified in the corresponding entry in the second column, as supplemented by paragraphs 1 and 4 of Article 8 of the Convention; and (c) the Order in Council which gives effect to that extradition treaty shall be construed accordingly. ## 3 The Extradition Act 1989, so far as it relates to extradition procedures under Part III of that Act, shall apply— (a) in the case of a State mentioned in Part IA of Schedule 3 to this Order (being States in respect of which the Convention is in force), and (b) in the case of a State mentioned in Part IB of Schedule 3 to this Order (being States in respect of which the Protocol is in force), subject to the limitations, restrictions, exceptions and qualifications contained in Part II of Schedule 3 to this Order. ## 4 The Extradition (Aviation Security) Order 1991 is hereby revoked. ## 5 This Order extends only to the United Kingdom, the Channel Islands and the Isle of Man, and to those territories specified in Schedule 4 to this Order. ## Signature N. H. Nicholls Clerk of the Privy Council ## I CONVENTION FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF CIVIL AVIATION THE STATES PARTIES TO THIS CONVENTION CONSIDERING that unlawful acts against the safety of civil aviation jeopardize the safety of persons and property, seriously affect the operation of air services, and undermine the confidence of the peoples of the world in the safety of civil aviation; CONSIDERING that the occurrence of such acts is a matter of grave concern; CONSIDERING that, for the purpose of deterring such acts, there is an urgent need to provide appropriate measures for punishment of offenders; HAVE AGREED AS FOLLOWS: ## 1 Any person commits an offence if he unlawfully and intentionally: (a) performs an act of violence against a person on board an aircraft in flight if that act is likely to endanger the safety of that aircraft; or (b) destroys an aircraft in service or causes damage to such an aircraft which renders it incapable of flight or which is likely to endanger its safety in flight; or (c) places or causes to be placed on an aircraft in service, by any means whatsoever, a device or substance which is likely to destroy that aircraft, or to cause damage to it which renders it incapable of flight, or to cause damage to it which is likely to endanger its safety in flight; or (d) destroys or damages air navigation facilities or interferes with their operation, if any such act is likely to endanger the safety of aircraft in flight; or (e) communictaes information which he knows to be false, thereby endangering the safety of an aircraft in flight. ## 2 Any person also commits an offence if he: (a) attempts to commit any of the offences mentioned in pargraph 1 of this article; or (b) is an accomplice of a person who commits or attempts to commit any such offence. ## Article 2 For the purposes of this Convention: (a) an aircraft is considered to be in flight at any time from the moment when all its external doors are closed following embarkation until the moment when any such door is opened for disembarkation; in the case of a forced landing, the flight shall be deemed to continue until the competent authorities take over responsibility for the aircraft and for persons and property on board; (b) an aircraft is considered to be in service from the beginning of the preflight preparation of the aircraft by ground personnel or by crew for a specific flight until twenty-four hours after any landing; the period of service shall, in any event, extend for the entire period during which the aircraft is in flight as defined in paragraph (a) of this article. ## Article 3 Each Contracting State undertakes to make the offences mentioned in Article 1 punishable by severe penalties. ## 3 Notwithstanding paragraph 2 of this Article, in the cases contemplated in subparagraphs (a), (b), (c) and (e) of paragraph 1 of Article 1, this Convention shall also apply if the offender or the alleged offender is found in the territory of a State other than the State of registration of the aircraft. ## 4 With respect to the States mentioned in Article 9 and in the cases mentioned in subparagraphs (a), (b), (c) and (e) of paragraph 1 of Article 1, this Convention shall not apply if the places referred to in subparagraph (a) of paragraph 2 of this article are situated within the territory of the same State where that State is one of those referred to in Article 9, unless the offence is committed or the offender or alleged offender is found in the territory of a State other than that State. ## 5 In the cases contemplated in subparagraph (d) of paragraph 1 of Article 1, this Convention shall apply only if the air navigation facilities are used in international air navigation. ## 6 The provisions of paragraphs 2, 3, 4 and 5 of this article shall also apply in the cases contemplated in paragraph 2 of Article 1. ## Article 7 The contracting state in the territory of which the alleged offender is found shall, if it does not extradite him, be obliged, without exception whatsoever and whether or not the offence was committed in its territory, to submit the case to its competent authorities for the purpose of prosecution. Those authorities shall take their decision in the same manner as in the case of any ordinary offence of a serious nature under the law of that State. ## Article 9 The Contracting States which establish joint air transport operating organisations or international operating agencies, which operate aircraft which are subject to joint or international registration shall, by appropriate means, designate for each aircraft the State among them which shall exercise the jurisdiction and have the attributes of the State of registration for the purpose of this Convention and shall give notice thereof to the International Civil Aviation Organization which shall communicate the notice to all States Parties to this Convention. ## Article 12 Any Contracting State having reason to believe that one of the offences mentioned in Article 1 will be committed shall, in accordance with its national law, furnish any relevant information in its possession to those States which it believes would be the States mentioned in Article 5, paragraph 1. ## Article 13 Each Contracting State shall in accordance with its national law report to the Council of the International Civil Aviation Organization as promptly as possible any relevant information in its possession concerning: (a) the circumstances of the offence; (b) the action taken pursuant to Article 10, paragraph 2; (c) the measures taken in relation to the offender or the alleged offender and, in particular, the results of any extradition proceedings or other legal proceedings. ## II PROTOCOL FOR THE SUPPRESSION OF UNLAWFUL ACTS OF VIOLENCE AT AIRPORTS SERVING INTERNATIONAL CIVIL AVIATION, SUPPLEMENTARY TO THE CONVENTION FOR THE SUPPRESSION OF UNLAWFUL ACTS AGAINST THE SAFETY OF CIVIL AVIATION THE STATES PARTIES TO THIS PROTOCOL CONSIDERING that unlawful acts of violence which endanger or are likely to endanger the safety of persons at airports servicing international civil aviation or which jeopardise the safe operation of such airports undermine the confidence of the peoples of the world in safety at such airports and disturb the safe and orderly conduct of civil aviation for all States; CONSIDERING that the occurrence of such acts is a matter of grave concern to the international community and that, for the purpose of deterring such acts, there is an urgent need to provide appropriate measures for punishment of offenders; CONSIDERING that it is necessary to adopt provisions supplementary to those of the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 23 September 1971, to deal with such unlawful acts of violence at airports serving international civil aviation; HAVE AGREED AS FOLLOWS: ## Article I This Protocol supplements the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 23 September 1971 (hereinafter referred to as “the Convention”), and, as between the Parties to this Protocol, the Convention and the Protocol shall be read and interpreted together as one single instrument. ## Article III In Article 5 of the Convention, the following shall be added as paragraph 2 bis: “2 bis Each Contracting State shall likewise take such measures as may be necessary to establish its jurisdiction over the offences mentioned in Article 1, paragraph 1 bis, and in Article 1, paragraph 2, in so far as that paragraph relates to those offences, in the case where the alleged offender is present in its territory and it does not extradite him pursuant to Article 8 to the State mentioned in paragraph 1(a) of this article.” ## Article IV This Protocol shall be open for signature at Montreal on 24 February 1988 by States participating in the International Conference on Air Law held at Montreal from 9 to 24 February 1988. After 1 March 1988, the Protocol shall be open for signature to all States in London, Moscow, Washington and Montreal, until it enters into force in accordance with Article VI. ## I FOREIGN STATES WHICH ARE PARTIES TO THE CONVENTION AND IN RESPECT OF WHICH ORDERS IN COUNCIL UNDER SECTION 2 OF THE EXTRADITION ACT 1870 ARE IN FORCE State Date of Extradition Treaty Order in Council Argentina 22 May 1889 1894/76 Belgium 29 October 1901 1902/208 Bolivia 22 Febraury 1892 1898/1065 Chile 26 January 1897 1898/597 Colombia 27 October 1888 28 November 1889 Ecuador 20 September 1880 26 June 1886 El Salvador 23 June 1881 16 December 1882 Guatemala 4 July 1885 26 November 1886 Haiti 7 December 1874 5 February 1876 Iraq 2 May 1932 1933/357 Liberia 16 December 1892 1894/114 Mexico 7 September 1886 6 April 1889 Monaco 17 December 1891 9 May 1892 Nicaragua 19 April 1905 1906/382 Panama 25 August 1906 1907/648 Paraguay 12 September 1908 1911/662 Peru 26 January 1904 1907/383 Romania 21 March 1893 1894/119 Russian Federation 21 March 1887 7 March 1887 Thailand 4 March 1911 1911/1151 United States of America 8 June 1972 1976/2144 Uruguay 26 March 1884 5 March 1885 Yugoslavia 6 December 1900 1901/586 ## II FOREIGN STATES WHICH ARE PARTIES TO THE PROTOCOL AND IN RELATION TO WHICH ORDERS IN COUNCIL UNDER SECTION 2 OF THE EXTRADITION ACT 1870 ARE IN FORCE State Date of Extradition Treaty Order in Council Argentina 22 May 1889 1894/76 Chile 26 January 1897 1898/597 Guatemala 4 July 1885 26 November 1886 Iraq 2 May 1932 1933/357 Mexico 7 September 1886 6 April 1889 Monaco 17 December 1891 9 May 1892 Peru 26 January 1904 1907/383 Russian Federation 24 November 1886 7 March 1887 Thailand 4 March 1911 1911/1151 United States of America 8 June 1972 1976/2144 Yugoslavia 6 December 1900 1901/586 ## 1A FOREIGN STATES WHICH ARE PARTIES TO THE CONVENTION AND WITH WHICH NO EXTRADITION TREATIES ARE IN FORCE State Afghanistan Algeria Bahrain Belarus Bhutan Bosnia and Herzegovina Burkina Faso Cambodia Cape Verde Central African Republic Chad China, People’s Republic of Comoro Islands Congo Congo (Democratic Republic) Costa Rica Côte d'Ivoire Djibouti Dominican Republic Egypt Equatorial Guinea Estonia Ethiopia Gabon Georgia Guinea Guinea-Bissau Honduras Indonesia Iran Japan Jordan Kazakhstan Korea, Democratic People’s Republic of Korea, Republic of Kuwait Laos Lebanon Libya Macedonia, The Former Yugoslav Republic of Madagascar Mali Marshall Islands Mauritania Mongolia Morocco Myanmar Nepal Niger Oman Palau Philippines Qatar Rwanda Saudi Arabia Senegal Sudan Surinam Syria Togo Tunisia Ukraine United Arab Emirates Uzbekistan Venezuela Vietnam Yemen ## IB FOREIGN STATES WHICH ARE PARTIES TO THE PROTOCOL AND WITH WHICH NO EXTRADITION TREATIES ARE IN FORCE Algeria Bahrain Belarus Bosnia and Herzegovina Cambodia Central African Republic Estonia Jordan Kazakhstan Korea, Republic of Kuwait Lebanon Libya Mali Marshall Islands Myanmar Oman Palau Saudi Arabia Tajikistan Togo Tunisia United Arab Emirates ### Part II: APPLICATION OF THE EXTRADITION ACT 1989 IN THE CASE OF A STATE MENTIONED IN PART IA AND B ## 1 (1) In the case of a state mentioned in Part IA, the Extradition Act 1989 shall have effect only in respect of— (a) an offence mentioned in section 22(4)(c) of that Act; (b) an attempt to commit such an offence; (c) counselling, procuring, commanding, aiding or abetting such an offence; and (d) being an accessory before or after the fact to such an offence. (2) In the case of a State mentioned in Part IB, the Extradition Act 1989 shall have effect only in respect of— (a) an offence mentioned in section 22(4)(i) of that Act; (b) an attempt to commit such an offence; (c) counselling, procuring, commanding, aiding or abetting such an offence; and (d) being an accessory before or after the fact to such an offence. ## 2 No proceeding shall be taken on an application for a provisional warrant to be issued under section 8(1)(b) of the 1989 Act, and no such warrant shall be issued, unless the application is made with the consent of the Secretary of State signified by an Order in the form set out in Part III of this Schedule or in a form to the like effect; but except as aforesaid the signification of consent shall not affect the provisions of the said section 8. ## III FORM OF CONSENT OF SECRETARY OF STATE TO APPLICATION FOR A PROVISIONAL WARRANT ## Schedule 4 TERRITORIES TO WHICH THIS ORDER EXTENDS Anguilla Bermuda British Antarctic Territory British Indian Ocean Territory British Virgin Islands Cayman Islands Falkland Islands and Dependencies Gibraltar Montserrat Pitcairn, Henderson, Ducie and Oeno Islands St. Helena and Dependencies Sovereign Base Areas of Akrotiri and Dhekelia Turks and Caicos Islands ## Explanatory note (This note is not part of the Order) This Order applies the Extradition Act 1989 so as to make extraditable offences described in sections 2 and 3 of the Aviation Security Act 1982 (c. 36) (damaging or endangering the safety of aircraft) and section 1 of the Aviation and Maritime Security Act 1990 (c. 31) (endangering safety at aerodromes), attempts to commit such offences and participation in the commission of such offences. It applies to certain States Parties to the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, signed at Montreal on 23rd September 1971 and to the Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, signed at Montreal on 24th February 1988. --- Source: https://www.legislation.gov.uk/uksi/1997/1760 (the official version) Page: https://openlegislation.uk/extradition-aviation-security-order-1997 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.