CONVENTION ON

INTERNATIONAL CIVIL AVIATION

(ICAO CONVENTION)
CONVENTION ON INTERNATIONAL CIVIL AVIATION (ICAO CONVENTION)

• As far as modes of transport are concerned, Civil Aviation has been the fastest-growing
and the most technically innovative of all.
• From the first attempts to fly to regular space flight. We have exceeded 100 years of
aviation
• First International air service was started in 1919
• The first International Conference on civil aviation took place in 1919 in Paris, since
then this field has been subjected to far more international legislation and
International agreements than any other profession,
• The overriding factor, regardless of political inclination is for higher and higher safety
standards.
 CONVENTION ON INTERNATIONAL CIVIL AVIATION (ICAO CONVENTION)

• After the Second World War ,huge technological advances that were made in aviation.
• There was the question of commercial rights for over flying other nations airspace and the
maintenance and development of navigation equipment
• The United States of America conducted discussions with the Allied nations during the early
months of 1944 to seek solutions to these challenges.
• Subsequently invitations were sent out to 55 allied and neutral States to meet in Chicago in
November 1944.
• For five weeks, the delegates of the 54 states who attended considered the problems of
international civil air travel
• At the end of the conference a Convention on International Civil Aviation was signed by 52 of
the 54 attending states
• This convention is more commonly referred to as the Chicago Convention.
CONVENTION ON INTERNATIONAL CIVIL AVIATION (ICAO
CONVENTION)

• The Chicago Convention set up the permanent International Civil Aviation Organization
known as ICAO,
• as the means to secure international cooperation
• attain the highest possible degree of uniformity in the regulations standards and procedures
regarding civil aviation matters.
• At the same time the international services transit agreement and the international air
transport agreement was signed.
• The 52 states who agreed to the Convention would foster the development of
international civil aviation.
 CONVENTION ON INTERNATIONAL CIVIL AVIATION (ICAO CONVENTION)

• The Chicago Convention attached great importance to the aspect commercial rights an
International Civil Aviation
• Agreed to grant each other certain rights regarding the commercial exploitation of civil
aviation.
• These rights are known as the freedoms of the air and give the right to transit the airspace
of contracting States to scheduled flights.
• Not all of the 52 signatories that were on the original Chicago Convention were able to reach
agreement about all the aspects concerning this issue.
• But two bilateral agreements were set up,
• the international air services transit
• the international air transport agreement
CONVENTION ON INTERNATIONAL CIVIL AVIATION (ICAO CONVENTION)

• At present there are now over 192 contracting states to the Chicago Convention
• The Chicago Convention consists of 96 articles and accepts the principle that every state
has complete an exclusive sovereignty over the airspace above its territory.
• It also provides that no scheduled international air service may operate over or into the
territory of a contracting state without the state's previous consent.
• It also establishes the privileges and restrictions of all contracting states.
• To provide for the adoption of the international standards and recommended practices
called SARPS for the regulation of air navigation the installation of navigational facilities
by Contracting States
• and the facilitation of air transport by the reduction of customs and immigration
formalities.
CONVENTION ON INTERNATIONAL CIVIL AVIATION (ICAO CONVENTION)

• The application of any national law is only applicable to the territory over which the state
has jurisdiction.
• In aviation, the extent of that jurisdiction is limited by the horizontal limits of the national
territory but also unlimited vertically.
• Territory in aviation terms applies to the airspace existing over the defined limits of a
nations boundary at ground level. Sovereignty is the right of a contracting state to impose
its national law upon uses of its territorial airspace
• The early international maritime rights enabled nation sea traffic to ply the high seas.
Similar rights of free aviation operations over the high seas were imported in the Geneva
Convention.
• The Chicago Convention recognised the rights of contracting Nations aircraft to fly over the
high seas and territory of another contracting state for the purposes of civil aviation.
CONVENTION ON INTERNATIONAL CIVIL AVIATION (ICAO CONVENTION)

• A scheduled flight is a flight for which agreement has been reached between states at
government level for a schedule with specifics as
• the aerodrome of operations
• the number of flights
• the period allowed for the flights to take place
• and the reciprocal arrangements that have been agreed.
• Non scheduled flights are those flights to which no schedule is attached. For example, one-off or
charter flights that are flown on a none regular basis.
• It is part of the convention that signatories cannot refuse such flights on political or economic
grounds.
• Another expression is Cabotage is when an airline wishes to operate domestically within a state
other than its state of registry.
 CONVENTION ON INTERNATIONAL CIVIL AVIATION (ICAO
CONVENTION)

• Under international law. states are permitted to impose customs tariffs and prohibit
the importation of prescribed articles.

• In order to allow contracting States to maintain such customs regulations

• International flights are required to make the first point of landing in a
Contracting State at a recognized International Airport which provides both
customs and health and immigration facilities
 CONVENTION ON INTERNATIONAL CIVIL AVIATION (ICAO CONVENTION)

• In becoming an ICAO Contracting State

• a state agrees to observe the international standards specified by the ICAO.
• each state accepts the responsibility to enforce these rules and regulations within its
sovereign territory in airspace by its own national laws
• Each contracting state shall notify the ICAO of any differences between their own national
regulations and the international standards that ICAO has adopted
• However, national legislation and regulation have precedent over international rules
within the territorial airspace of that state
• Over the high seas international rules apply without exception
CONVENTION ON INTERNATIONAL CIVIL AVIATION (ICAO CONVENTION)

• If Aviation offense is believed have been committed in an aeroplane contrary to the

international law
• the state in whose airspace the offence has taken place has the right to try and
punish the offenders .
• If the offence has taken place over the high seas
• the state of registry of the aeroplane has the right to try and prosecute the
offenders
• The international agreements oblige states to prosecute in such circumstances but if
the state decides not to for whatever reason than any other state may choose to do
so
 CONVENTION ON INTERNATIONAL CIVIL AVIATION
(ICAO CONVENTION)

• In accepting contracting state status each member state accepts that

• it has a responsibility to establish a 24-hour search and rescue SAR organization suitable
to deal with a number of civil flights taking place within its own territorial airspace
• contracting states should provide at least the minimum service compatible with the
type and frequency of the air traffic using the airspace for which the state is responsible
• service is to be available 24 hours a day
• maintain a degree of cooperation with adjacent states and the readiness to assist with
SAR operations if requested
 CONVENTION ON INTERNATIONAL CIVIL AVIATION (ICAO CONVENTION)

• The duties of the ICAO Member States

• the aims of the ICAO are to ensure the safe and efficient International civil aviation
operations
• Rules to expedite the safe flow of air traffic are established by the adoption of standards
and recommended practices or SARPs

• The primary duty of each member state is to achieve these aims

• These aims are achieved by
• ensuring that member states comply with the standards and recommended practices
that have been issued by the air navigation Commission,
CONVENTION ON INTERNATIONAL CIVIL AVIATION (ICAO CONVENTION)

STANDARD AND A RECOMMENDED PRACTICE (SARPs)

• A Standard is anything which is

• considered necessary for the safe regularity of international aviation and to which
contracting states will conform
• Recommended practice is anything
• which is considered desirable as opposed to necessary for the safe regularity of
international aviation
• and to which contracting States will endeavour to conform as opposed to will
conform to
CONVENTION ON INTERNATIONAL CIVIL AVIATION (ICAO CONVENTION)

• 18 annexes to the convention contain the standards and recommended practices and
were established after the initial consultation with the contracting States
• the standards are considered binding on the contracting States however
• if a state wishes to opt out of any particular standard it may do so as long as it
informs ICAO
• who in turn will publish the non-adherence as a difference
• this difference must also be published by the opt-out state in its own aeronautical
information publication or AIP
CONVENTION ON INTERNATIONAL CIVIL AVIATION (ICAO CONVENTION)

• One of the original aims of the ICAO was also further the aims of free trade and
expedite the movement of international travellers

• States are free to impose their own controls on these aspects of air operations
but the ICAO has laid down some governing principles that contracting States
should adopt when establishing international airports
 CONVENTION ON INTERNATIONAL CIVIL AVIATION (ICAO
CONVENTION)

• All contracting states apply standard procedures for the registration of aircraft
• all aircraft are required to be registered and
• standard format of registration marks and the nationality symbols including
where they are to be displayed on aircraft
• States are also duty-bound to ensure that all registered aircraft are air worthy
and are issued with a certificate of airworthiness
• States must ensure that aircrew have had the training and are issued with
standard licenses
• Safe carriage of dangerous cargo
CONVENTION ON INTERNATIONAL CIVIL AVIATION (ICAO
CONVENTION)

• Documentation is to be carried on a commercial flight

• certificate of airworthiness
• flight crew licenses
• load sheets
• maintenance documentation
INTERNATIONAL AGREEMENTS
AND ORGANISATIONS
 THE CONVENTION OF CHICAGO

• The Convention on International Civil Aviation drafted in 1944.

• 54 nations participated
• Established to promote cooperation and “create and preserve friendship and
understanding among the nations and peoples of the world.”
• Known as the ‘Chicago Convention’,
• landmark agreement established the core principles permitting international
transport by air
• Led to the creation of the specialized agency– the International Civil Aviation
Organization (ICAO).
 HISTORICAL BACKGROUND

• The Second World War - a powerful catalyst for the technical development of the
aero plane.
• During this period a vast network of passenger and freight carriage was set up.
• Political and technical obstacles in utilising these facilities and routes for civilian
purposes.
• In consultations with its Major Allies , several studies initiated by the USA
• the U.S. government extended invitation to 55 States to attend an International Civil
Aviation Conference in Chicago in 1944.
• 54 of the 55 States invited attended the Chicago Conference,
• On conclusion on 7 December, 1944, 52 of them had signed the new Convention on
International Civil Aviation, commonly known as the ‘Chicago Convention’
 HISTORICAL BACKGROUND (CONT.)

• Agreement laid the foundation for the standards and procedures for
peaceful global air navigation
• its prime objective the development of international civil aviation “…in a
safe and orderly manner”,
• air transport services would be established “on the basis of equality of
opportunity and operated soundly and economically.”
• also formalized the expectation that a specialized International Civil
Aviation Organization (ICAO) would be established,
• ICAO’s core mandate, to help States to achieve the highest possible
degree of uniformity in civil aviation regulations, standards, procedures,
and organization.
 HISTORICAL BACKGROUND (CONT.)
• the Chicago Conference signed an Interim Agreement
• Provisional ICAO (PICAO) created to serve as a temporary advisory and
coordinating body.
• from June 1945 the Interim Council met continuously in Montreal, Canada,
and consisted of 21 Member States.
• The first Interim Assembly of the PICAO, was held in Montreal in June of 1946.
• On 4 April 1947, PICAO officially became known as ICAO.
• The first official ICAO Assembly was held in Montreal in May 1947.
• ICAO’s now 192 Member States.
 PART I: AIR NAVIGATION
CHAPTER I - GENERAL PRINCIPLES AND
APPLICATION OF THE CONVENTION

IMPORTANT ARTICLES AND

TERMS
 CHAPTER I - GENERAL PRINCIPLES AND
APPLICATION OF THE CONVENTION

Sovereignty, (Article 1)
• A basic principle of international air law is that every state has complete and
exclusive sovereignty over the airspace above its territory, including its territorial sea

Territory, (Article 2)
• For the purposes of this Convention the territory of a State shall be deemed to be
the land areas and territorial waters adjacent thereto under the sovereignty,
suzerainty, protection or mandate of such state
 CHAPTER I - GENERAL PRINCIPLES AND APPLICATION OF
THE CONVENTION (CONT.)

Suzerainty
• One state (the suzerain) enjoys special rights over another.
• This means that the latter is not fully sovereign.
• The suzerain protects its affiliated state militarily, and in return reaps benefits such as
freedom from tariffs, special taxes paid to the suzerain, or military stationed in the
other's lands.
• "Suzerainty" is rarely used as a word because in cases were the protected party is
nominally independent it is called an alliance, and when the protected party is within
the suzerain's recognised borders it is called "autonomy" .
 CHAPTER I - GENERAL PRINCIPLES AND
APPLICATION OF THE CONVENTION (CONT.)

EXAMPLES OF SUZERAINITY

• The USA is suzerain over Puerto Rico, Tonga, and Micronesia

• Denmark is suzerain over Greenland
• Britain is suzerain over Gibraltar, the Channel Islands & Mann
• Greece is suzerain over the Holy Mount
 CH I - GENERAL PRINCIPLES AND APPLICATION OF THE
CONVENTION (CONT.)

Territorial Waters (2013 United Nations Convention on the Law of the Sea )
• Area of the sea immediately adjacent to the shores of a state
• subject to the territorial jurisdiction of that state.
• to be distinguished from the high seas, and from inland waters, (lakes etc.)
• defined by the is a belt of coastal waters extending at most 12 nautical miles (22.2 km)
from the baseline of a coastal state.
• The territorial sea is regarded as the sovereign territory of the state,
• foreign ships (civilian) are allowed innocent passage through it
• this sovereignty also extends to the airspace over and seabed below.
 CHAPTER I - GENERAL PRINCIPLES AND
APPLICATION OF THE CONVENTION (CONT.)
High Seas (UN Convention of the High Seas)

• The term “High Seas” means all parts of the sea that are not included in the territorial
sea or in the internal waters of a State.
• The high seas open to all nations, no State may claim any part of them to its sovereignty.
• Freedom of the high seas is exercised under the UN Convention and international law.
• It comprises both for coastal and non-coastal States:
• (1) Freedom of navigation;
• (2) Freedom of fishing;
• (3) Freedom to lay submarine cables and pipelines;
• (4) Freedom to fly over the high seas.
 CH I - GENERAL PRINCIPLES AND APPLICATION OF THE
CONVENTION (CONT.)

Civil and state aircraft Article 3

• This Convention shall be applicable only to civil aircraft, and not to state aircraft.
• Aircraft used in military, customs and police services deemed to be state aircraft.
• No state aircraft of a contracting State shall fly over the territory of another State
without authorization by special agreement or otherwise, and in accordance with the
terms thereof..
• The contracting States when issuing regulations for their state aircraft will have due
regard for the safety of navigation of civil aircraft.
CHAPTER I - GENERAL PRINCIPLES AND
APPLICATION OF THE CONVENTION
(CONT.)

Misuse of civil aviation Article 4

• Each contracting State agrees not to use civil aviation for any purpose
inconsistent with the aims of this Convention.
PART I: AIR NAVIGATION
CHAPTER II - FLIGHT OVER
TERRITORY OF CONTRACTING
STATES
 CHAPTER II - FLIGHT OVER TERRITORY OF CONTRACTING STATES

Right of non-scheduled flights Article 5

• Each contracting State agrees that all non-scheduled flights of the other contracting
States, shall have the right
• to make flights into or in transit non-stop across its territory
• and to make stops for non-traffic purposes without the necessity of obtaining prior
permission, and subject to the right of the State flown over to require landing.
• Each contracting State nevertheless reserves the right , for reasons of safety of flight
• to require follow prescribed routes, or to obtain special permission when desiring to
proceed over regions which are inaccessible or without adequate air navigation
facilities .
• if non-scheduled flight engaged in the carriage of passengers, cargo, or mail for
remuneration or hire shall also, subject to the provisions of Cabotage, for taking on or
 CHAPTER II - FLIGHT OVER TERRITORY OF
CONTRACTING STATES

Scheduled air services Article 6

• No scheduled international air service may be operated over or into the territory
of a contracting State,
• except with the special permission or other authorization of that State,
• and in accordance with the terms of such permission or authorization.
 CHAPTER II - FLIGHT OVER TERRITORY OF CONTRACTING
STATES
Cabotage (Article 7)
• Transport of goods or passengers between two places in the same country by a
operator from another country.
• Originally applied to shipping along coastal routes, but now applies to aviation,
railways, and road transport as well.
• Each contracting State shall have the right to refuse permission to the aircraft of
other contracting States to take on in its territory passengers, mail and cargo
carried for remuneration or hire and destined for another point within its territory.
• Each contracting State undertakes
• not to enter into any arrangements which specifically grant any such privilege on an
exclusive basis to any other State or an airline of any other State,
• and not to obtain any such exclusive privilege from any other State.
CHAPTER II - FLIGHT OVER TERRITORY OF CONTRACTING STATES

• As per Chicago Convention of 1944, meaning of cabotage

• the right to operate passenger flights within the domestic borders of a country, by an
aircraft registered outside that country.
• Most countries worldwide do not permit aviation cabotage. Domestic flight between New York
and Los Angeles, on a Canadian aircraft?
• The answer will be no – because these flights that do not have cabotage rights.
• Europe acts as a single state for aviation cabotage. Rome to Milan with Lufthansa - Yes.
• because flights within the EU are the notable global exception to cabotage restrictions.
• Due to free trade, the EU extended the cabotage rights to all of its Member States
• Europe is considered as a single state in the case of cabotage.
 CHAPTER II - FLIGHT OVER TERRITORY OF CONTRACTING
STATES

• The prohibition does not therefore apply to airlines and private aircraft
operators
• long they remain within the European zone.
• However, European countries that are not part of the European Union,
such as Switzerland are not covered.
• Other geographical exceptions.
• Australia and New Zealand also have a similar free trade agreement
• Chile has very liberal cabotage rules, and allows foreign airlines and operators
to operate domestic flights within the country.
 CHAPTER II - FLIGHT OVER TERRITORY OF
CONTRACTING STATES
How does cabotage impact private jet travel?
• By nature, private charter aircraft offer high levels of flexibility in their routings
• Flying clients across a country, and between several states or countries,
regardless of its home base.
• With many private flights one-way, or multi-leg, an aircraft will become
available for its next private charter in different places – much like a taxi on
the ground.
• So aircraft registered in one country or state may well end up in another
country and vice versa.
• The aircraft’s operator will look to sell a flight starting from their current
position, in order to minimise empty flights, and improve efficiency.
 CHAPTER II - FLIGHT OVER TERRITORY OF
CONTRACTING STATES

Pilotless aircraft Article 8

• Pilotless aircraft shall not be flown over the territory of a contracting State
• without special authorization by that State and in accordance with the terms of
such authorization.
• Each contracting State undertakes to insure that the
• in regions open to civil aircraft, Pilotless aircraft shall be so controlled as to obviate
danger to civil aircraft.
 CHAPTER II - FLIGHT OVER TERRITORY OF CONTRACTING STATES

Prohibited areas Article 9.

• Each contracting State may, for reasons of military necessity or public safety, restrict or
prohibit uniformly the aircraft of other States from flying over certain areas of its territory,
provided that
• no distinction in this respect is made between their own aircraft, engaged in
international scheduled airline services, and the aircraft of the other contracting States
likewise engaged.
• Such areas shall be of reasonable extent and location so as not to interfere
unnecessarily with air navigation.
• Descriptions of such prohibited areas and any subsequent alterations therein, shall be
communicated as soon as possible to the other contracting States and to the
International Civil Aviation Organization.
CHAPTER II - FLIGHT OVER TERRITORY OF CONTRACTING
STATES
• Prohibited areas Article 9. (cont.)

• Each contracting State reserves also the right, in exceptional circumstances or

during a period of emergency, or in the interest of public safety, and with
immediate effect,
• temporarily to restrict or prohibit flying over the whole or any part of its
territory,
• such restriction or prohibition shall be applicable without distinction of
nationality to aircraft of all other States.
• Each contracting State, under such regulations as it may prescribe, may require any
aircraft entering the areas contemplated in subparagraphs (a) or (b) above to effect
a landing as soon as practicable thereafter at some designated airport within its
 CHAPTER II - FLIGHT OVER TERRITORY OF CONTRACTING
STATES
Landing at customs airport Article 10

• Except in a case where, under the terms of this Convention or a special authorization,
• aircraft are permitted to cross the territory of a contracting State without landing,
• every aircraft which enters the territory of a contracting State shall, if the
regulations of that State so require, land at an airport designated by that State for
the purpose of customs and other examination.
• On departure from the territory of a contracting State, such aircraft shall depart
from a similarly designated customs airport.
• Particulars of all designated customs airports shall be published by the State and
transmitted to the International Civil Aviation Organization established under Part
11 of this Convention for communication to all other contracting States.
CHAPTER II - FLIGHT OVER TERRITORY OF CONTRACTING STATES

Applicability of Air regulations Article 11

• The laws and regulations of a contracting State relating to

• the admission to or departure from its territory of aircraft engaged in
international air navigation,
• or to the operation and navigation of such aircraft while within its territory,
• shall be applied to the aircraft of all contracting States without distinction and shall
be complied with by such aircraft upon entering or departing from or while within
the territory of that State.
 CHAPTER II - FLIGHT OVER TERRITORY OF CONTRACTING STATES

Rules of the air Article 12

• Each contracting State undertakes to adopt measures to insure that every aircraft flying
over or manoeuvring within its territory and that every aircraft carrying its nationality
mark, wherever such aircraft may be, shall comply with the rules and regulations relating
to the flight and manoeuvre of aircraft there in force ( territory in which it is operating).
• Each contracting State undertakes to keep its own regulations in these respects uniform,
to the greatest possible extent, with those established from time to time under this
Convention.
• Over the high seas, the rules in force shall be those established under this Convention.
Each contracting State undertakes to insure the prosecution of all persons violating the
regulations applicable.
 CHAPTER II - FLIGHT OVER TERRITORY OF CONTRACTING STATES

Entry and clearance regulations Article 13

• The laws and regulations of a contracting State as to the admission to or departure from its territory of
passengers, crew or cargo of aircraft, such as regulations relating to entry, clearance, immigration,
passports, customs, and quarantine shall be complied with by or on behalf of such passengers, crew or
cargo upon entrance into or departure from, or while within the territory of that State.
Prevention of spread of disease Article 14
• Each contracting State agrees to take effective measures to prevent the spread by means of air
navigation of cholera, typhus (epidemic), smallpox, yellow fever, plague, and such other
communicable diseases as the contracting States shall from time to time decide to designate, and to
that end contracting States will keep in close consultation with the agencies concerned with
international regulations relating to sanitary measures applicable to aircraft. Such consultation shall be
without prejudice to the application of any existing international convention on this subject to which
the contracting States may be parties.
 CHAPTER II - FLIGHT OVER TERRITORY OF CONTRACTING STATES

Airport and similar charges Article 15

• Every airport in a contracting State which is open to public use by its national aircraft shall be open under
uniform conditions to the aircraft of all the other contracting States. This shall include all air navigation
facilities and meteorological services. Any charges that may be imposed shall not be higher,
• a. As to aircraft not engaged in scheduled international air services, than those that would be
paid by its national aircraft of the same class engaged in similar operations, and
• b. As to aircraft engaged in scheduled international air services, than those that would be paid
by its national aircraft engaged in similar international air services.
• All such charges shall be published and communicated to the ICAO and subject to review by the Council,
which shall make recommendations for the consideration concerned state.
• No fees, dues or other charges shall be imposed by any contracting State for transit over or entry into or
exit from its territory of any aircraft of a contracting State or persons or property thereon .
 CHAPTER II - FLIGHT OVER TERRITORY OF CONTRACTING STATES

Search of aircraft Article 16

• The appropriate authorities of each of the contracting States shall have the
right, without unreasonable delay,
• to search aircraft of the other contracting States on landing or departure,
• and to inspect the certificates and other documents prescribed by this Convention.
CHAPTER III - NATIONALITY OF
AIRCRAFT
 CHAPTER III - NATIONALITY OF AIRCRAFT
Nationality of aircraft Article 17

• Aircraft have the nationality of the State in which they are registered.

Dual registration Article 18

• An aircraft cannot be validly registered in more than one State, but its registration may be
changed from one State to another.

National laws governing registration Article 19

• The registration or transfer of registration of aircraft in any contracting State shall be made
in accordance with its laws and regulations.
 CHAPTER III - NATIONALITY OF AIRCRAFT
Display of marks Article 20
• Every aircraft engaged in international air navigation shall bear its appropriate nationality and registration
marks.

Report of registrations Article 21

• Each contracting State undertakes to supply to any other contracting State or to the International Civil
Aviation Organization, on demand,
• information concerning the registration and ownership of any particular aircraft registered in that
State.
• control of aircraft registered in that State
• if habitually engaged in international air navigation.
• The data thus obtained by the International Civil Aviation Organization shall be made available by it on
request to the other contracting States.
CHAPTER IV - MEASURES TO
FACILITATE AIR NAVIGATION
 CHAPTER IV - MEASURES TO FACILITATE AIR NAVIGATION

Facilitation of formalities Article 22

• Each contracting State agrees to adopt all practicable measures, through the
issuance of special regulations or otherwise,
• to facilitate and expedite navigation by aircraft between the territories of
contracting States,
• and to prevent unnecessary delays to aircraft, crews, passengers and cargo,
especially in the administration of the laws relating to immigration, quarantine,
customs and clearance.
 CHAPTER IV - MEASURES TO FACILITATE AIR NAVIGATION

Customs and immigration procedures Article 23

• Each contracting State undertakes, so far as it may find practicable,

• to establish customs and immigration procedures affecting international air
navigation in accordance with the practices which may be established or
recommended from time to time, pursuant to this Convention.
• Nothing in this Convention shall be construed as preventing the establishment
of customs-free airports.
 CHAPTER IV - MEASURES TO FACILITATE AIR NAVIGATION

Customs duty Article 24

• Subject to the customs regulations of the State
• Aircraft on a flight to, from, or across the territory of another contracting State shall be
admitted temporarily free of duty.
• Fuel, lubricating oils, spare parts, regular equipment and aircraft stores on board an aircraft,
on arrival ,retained on board and on leaving the territory of that State shall be exempt from
customs duty, inspection fees or similar national or local duties and charges.
• This exemption shall not apply to any quantities or articles unloaded, except in accordance
with the customs regulations of the State, which may require that they shall be kept under
customs supervision.
• Spare parts and equipment imported into the territory of a contracting State for incorporation in
or use on an aircraft of another contracting State engaged in international air navigation shall be
admitted free of customs duty, the articles shall be kept under customs supervision and control.
 CHAPTER IV - MEASURES TO FACILITATE AIR
NAVIGATION

Aircraft in distress Article 25

• Each contracting State undertakes to provide such measures of assistance to

aircraft in distress in its territory as it may find practicable,
• and to permit, subject to control by its own authorities, the owners of the
aircraft or authorities of the State in which the aircraft is registered to provide
such measures of assistance as may be necessitated by the circumstances.
• Each contracting State, when undertaking search for missing aircraft, will
collaborate in coordinated measures which may be recommended from time to
time pursuant to this Convention.
 CHAPTER IV - MEASURES TO FACILITATE AIR NAVIGATION

• Investigation of accidents Article 26

• In the event of an accident to an aircraft of a contracting State occurring in the

territory of another contracting State, and involving death or serious injury, or
indicating serious technical defect in the aircraft or air navigation facilities,
• the State in which the accident occurs will institute an inquiry into the
circumstances of the accident, in accordance, so far as its laws permit, with the
procedure which may be recommended by the International Civil Aviation
Organization.
• The State in which the aircraft is registered shall be given the opportunity to
appoint observers to be present at the inquiry and the State holding the inquiry
shall communicate the report and findings in the matter to that State
 CHAPTER IV - MEASURES TO FACILITATE AIR NAVIGATION

Exemption from seizure on patent claims Article 27

• While engaged in international air navigation, any authorized entry of aircraft into the territory of
another State or authorized transit across the territory of such State with or without landings
• shall not entail any seizure or detention of the aircraft or any claim against the owner or
operator thereof or any other interference therewith by or on behalf of such State or any
person therein, on the ground that the construction, mechanism, parts, accessories or
operation of the aircraft is an infringement of any patent, design, or model duly granted or
registered in the State whose territory is entered by the aircraft,
• it being agreed that no deposit of security in connection with the foregoing exemption from
seizure or detention of the aircraft shall in any case be required in the State entered by such
aircraft.
CHAPTER IV - MEASURES TO FACILITATE AIR NAVIGATION

Exemption from seizure on patent claims (cont) Article 27

• The provisions this Article shall also be applicable to

• the storage of spare parts and spare equipment for the aircraft and the right to use and
install the same in the repair of an aircraft of a contracting State in the territory of any
other contracting State, provided that any patented part or equipment so stored shall not
be sold or distributed internally in or exported commercially from the contracting State
entered by the aircraft.
• The benefits of this Article shall apply only to such States, parties to this Convention, as either
(1) are parties to the International Convention for the Protection of Industrial Property and to
any amendments thereof; or (2) have enacted patent laws which recognize and give adequate
protection to inventions made by the nationals of the other States parties to this Convention.
 CHAPTER IV - MEASURES TO FACILITATE AIR NAVIGATION

Air navigation facilities and standard systems Article 28

• Each contracting State undertakes, so far as it may find practicable, to:

• Provide, in its territory, airports, radio services, meteorological services and other air
navigation facilities to facilitate international air navigation
• Adopt and put into operation the appropriate standard systems of communications
procedure, codes, markings, signals, lighting and other operational practices and rules
• Collaborate in international measures to secure the publication of aeronautical maps
and charts in accordance with standards which may be recommended or established
from time to time, pursuant to this Convention.
CHAPTER V : CONDITIONS TO BE
FULFILLED WITH RESPECT TO
AIRCRAFT
CHAPTER V : CONDITIONS TO BE FULFILLED WITH RESPECT TO AIRCRAFT

• Article 29 Documents carried in aircraft

• Every aircraft of a contracting State, engaged in international navigation, shall carry the following
documents in conformity with the conditions prescribed in this Convention:
• Its certificate of registration
• Its certificate of airworthiness;.
• The appropriate licenses for each member of the crew
• Its journey log book;
• If it is equipped with radio apparatus, the aircraft radio station license
• If it carries passengers, a list of their names and places of embarkation and destination;
• If it carries cargo, a manifest and detailed declarations of the cargo.
CHAPTER V : CONDITIONS TO BE FULFILLED WITH
RESPECT TO AIRCRAFT

• Article 30 Aircraft radio equipment

• Aircraft of each contracting State may, in or over the territory of other contracting States,
carry radio transmitting apparatus only if a license to install and operate such apparatus has
been issued by the appropriate authorities of the State in which the aircraft is registered. The
use of radio transmitting apparatus in the territory of the contracting State whose territory is
flown over shall be in accordance with the regulations prescribed by that State.

• Radio transmitting apparatus may be used only by members of the flight crew who are
provided with a special license for the purpose, issued by the appropriate authorities of the
State in which the aircraft is registered.
CHAPTER V : CONDITIONS TO BE FULFILLED WITH RESPECT TO AIRCRAFT

• Article 31 Certificates of airworthiness

• Every aircraft engaged in international navigation shall be provided with a certificate of
airworthiness issued or rendered valid by the State in which it is registered.

• Article 32 Licenses of personnel

• a. The pilot of every aircraft and the other members of the operating crew of every aircraft
engaged in international navigation shall be provided with certificates of competency and licenses
issued or rendered valid by the State in which the aircraft is registered.

• b. Each contracting State reserves the right to refuse to recognize, for the purpose of flight
above its own territory, certificates of competency and licenses granted to any of its nationals by
another contracting State.
CHAPTER V : CONDITIONS TO BE FULFILLED WITH RESPECT TO AIRCRAFT

Article 33 Recognition of certificates and licenses

• Certificates of airworthiness and certificates of competency and licenses issued or

rendered valid by the contracting State in which the aircraft is registered, shall be
recognized as valid by the other contracting States, provided that the requirements
under which such certificates or licenses were issued or rendered valid are equal to or
above the minimum standards which may be established from time to time pursuant to
this Convention.
CHAPTER V : CONDITIONS TO BE FULFILLED WITH RESPECT TO
AIRCRAFT

Article 34 Journey log books

• There shall be maintained in respect of every aircraft engaged in international

navigation a journey log book in which shall be entered particulars of the aircraft,
its crew and of each journey, in such form as may be prescribed from time to
time pursuant to this Convention.
CHAPTER V : CONDITIONS TO BE FULFILLED WITH RESPECT TO
AIRCRAFT

Article 35 Cargo restrictions

• a. No munitions of war or implements of war may be carried in or above the territory of a State
in aircraft engaged in international navigation, except by permission of such State. Each State shall
determine by regulations what constitutes munitions of war or implements of war for the purposes of
this Article, giving due consideration, for the purposes of uniformity, to such recommendations as the
International Civil Aviation Organization may from time to time make.
• b. Each contracting State reserves the right, for reasons of public order and safety, to regulate or
prohibit the carriage in or above its territory of articles other than those enumerated in paragraph (a):
provided that no distinction is made in this respect between its national aircraft engaged in
international navigation and the aircraft of the other States so engaged; and provided further that no
restriction shall be imposed which may interfere with the carriage and use on aircraft of apparatus
necessary for the operation or navigation of the aircraft or the safety of the personnel or passengers.
CHAPTER V : CONDITIONS TO BE FULFILLED WITH RESPECT TO
AIRCRAFT

Article 36 Photographic apparatus

• Each contracting State may prohibit or regulate the use of photographic apparatus in
aircraft over its territory.
CHAPTER VI - INTERNATIONAL STANDARDS
AND RECOMMENDED PRACTICES
CHAPTER VI - INTERNATIONAL STANDARDS AND RECOMMENDED PRACTICES

Article 37 Adoption of international standards and procedures

• Each contracting State undertakes to collaborate in securing the highest practicable degree of
uniformity in regulations, standards, procedures, and organization in relation to aircraft,
personnel, airways and auxiliary services in all matters in which such uniformity will facilitate
and improve air navigation.

• To this end the International Civil Aviation Organization shall adopt and amend from time to
time, as may be necessary, international standards and recommended practices and procedures
dealing with:

• a. Communications systems and air navigation aids, including ground marking;

• b. Characteristics of airports and landing areas;
• c. Rules of the air and air traffic control practices;
• d. Licensing of operating and mechanical personnel;
CHAPTER VI - INTERNATIONAL STANDARDS AND RECOMMENDED PRACTICES

Article 37 Adoption of international standards and procedures (Cont)

• e. Airworthiness of aircraft;
• f. Registration and identification of aircraft;
• g. Collection and exchange of meteorological information;
• h. Log books;
• i. Aeronautical maps and charts;
• j. Customs and immigration procedures;
• k. Aircraft in distress and investigation of accidents;
and such other matters concerned with the safety, regularity, and efficiency of air
navigation as may from time to time appear appropriate.
CHAPTER VI - INTERNATIONAL STANDARDS AND RECOMMENDED PRACTICES

Article 38 Departures from international standards and procedures

• Any State which

• finds it impracticable to comply in all respects with any such international standard or
procedure,
• or to bring its own regulations or practices into full accord with any international
standard or procedure after amendment of the latter, or which deems it necessary to
adopt regulations or practices differing in any particular respect from those established
by an international standard,
• shall give immediate notification to the International Civil Aviation Organization of the
differences between its own practice and that established by the international standard.
CHAPTER VI - INTERNATIONAL STANDARDS AND RECOMMENDED PRACTICES

Article 38 Departures from international standards and procedures

• In the case of amendments to international standards, any State which does not make the
appropriate amendments to its own regulations or practices shall give notice to the Council
• within sixty days of the adoption of the amendment to the international standard, or indicate
the action which it proposes to take.

• In any such case, the Council shall make immediate notification to all other states of the difference
which exists between one or more features of an international standard and the corresponding
national practice of that State.
CHAPTER VI - INTERNATIONAL STANDARDS AND RECOMMENDED PRACTICES

Article 39 Endorsement of certificates and licenses

• a. Any aircraft or part thereof with respect to which there exists an

international standard of airworthiness or performance, and which failed in any respect
to satisfy that standard at the time of its certification, shall have endorsed on or
attached to its airworthiness certificate a complete enumeration of the details in
respect of which it so failed.

• b. Any person holding a license who does not satisfy in full the conditions laid
down in the international standard relating to the class of license or certificate which
he holds shall have endorsed on or attached to his license a complete enumeration of
the particulars in which he does not satisfy such conditions.
CHAPTER VI - INTERNATIONAL STANDARDS AND RECOMMENDED PRACTICES

Article 40 Validity of endorsed certificates and licenses

• No aircraft or personnel having certificates or licenses so endorsed shall participate in

international navigation,
• except with the permission of the State or States whose territory is entered.

• The registration or use of any such aircraft, or of any certificated aircraft part, in any
State other than that in which it was originally certificated
• shall be at the discretion of the State into which the aircraft or part is imported.
CHAPTER VI - INTERNATIONAL STANDARDS AND RECOMMENDED PRACTICES

Article 41 Recognition of existing standards of airworthiness

• The provisions of this Chapter shall not apply to aircraft and aircraft equipment of types of which the
prototype is submitted to the appropriate national authorities for certification prior to
• a date three years after the date of adoption of an international standard of airworthiness for
such equipment.

Article 42 Recognition of existing standards of competency of personnel

• The provisions of this Chapter shall not apply to personnel whose licenses are
originally issued prior to a date one year after initial adoption of an international
standard of qualification for such personnel;
but they shall in any case apply to all personnel whose licenses remain valid five years
after the date of adoption of such standard.
ICAO
 ICAO

• The ICAO created by the Chicago Convention is an intergovernmental organization

which has become
• a special agency related closely to the United Nations,
• based in Montreal,
• it provides the machinery to achieve standardization between contracting States,
for all technical, economic and legal aspects of international aviation.
 ICAO

The aims and objectives of the ICAO are to develop the principles and techniques of
International Air Navigation and to foster the planning and development of international air
transportation so as to

• ensure the safe and orderly growth of international civil aviation throughout the globe
• encourage the arts of aircraft design and operation
• encourage the development of airways airports and air navigation facilities
• meet the need for safe regular efficient and economical air transport
• prevent waste caused by unnecessary competition
• ensure the rights of contracting states are fully respected
• avoid discrimination between contracting States
• promote safety of flight in international airspace and
• generally promote all aspects of international civil aviation
 ICAO
• The assembly is the complete and sovereign body of the ICAO.
• it meets at least every three years and is convened by the Council.
• each Contracting State is entitled to one vote and decisions are made by
majority vote.
• its major tasks include setting the policies for ICAO as well as electing the
members of its working group (the council)
• The council is the permanent body of the organization and is responsible to the
assembly
• it is composed of 33 members of the contracting States selected by the
Assembly for a three-year term
• the council is the governing body of the ICAO
 ICAO

• Standing commissions and committees a composed of members appointed by the

council through nominations from contracting States or elected by council members.
These various commissions are
• The air navigation Commission
• The Air Transport Commission
• The legal Commission
• The Commission on joint support of air navigation services
• The personnel committee
• The Finance Committee
• The committee on unlawful interference
 ICAO

• The ICAO Secretariat is divided into sections ,with the role of supplying technical
and administrative aid to the council

• It is headed by a secretary general who is appointed by the council and is divided

into five main divisions
 ICAO

• ICAO has a headquarters, seven regional offices, and one regional sub-office
• Headquarters – Montreal, Canada
• Asia and Pacific (APAC) – Bangkok, Thailand; Sub-office – Beijing, China
• Eastern and Southern African (ESAF) – Nairobi, Kenya
• Europe and North Atlantic (EUR/NAT) – Paris, France
• Middle East (MID) – Cairo, Egypt
• North American, Central American and Caribbean (NACC) – Mexico City, Mexico
• South American (SAM) – Lima, Peru
• Western and Central African (WACAF) – Dakar, Senegal
 ICAO
• The need for regional structure has increasingly become apparent
• to facilitate the planning of facilities and services
• the formulation of supplementary procedures to support increases in air traffic
density
• the creation of new air routes
• the introduction of new types of aircraft

• Regional air navigation meetings are organised periodically to consider the

requirements of air operations within specific geographical areas
• financial assistance is provided to assist States in specific circumstances (facilities like
navigational aids instrument approaches and so on )
 The ICAO Annexes
• The Annexes are:
• Annex 1 - Personnel Licensing
• Annex 2 - Rules of the Air
• Annex 3 - Meteorological Services
• Annex 4 - Aeronautical Charts
• Annex 5 - Units of Measurement
• Annex 6 - Operation of Aircraft
• Annex 7 - Aircraft Nationality and Registration Marks
• Annex 8 - Airworthiness of Aircraft
• Annex 9 - Facilitation
• Annex 10 - Aeronautical Telecommunications
• Annex 11 - Air Traffic Services
• Annex 12 - Search and Rescue
• Annex 13 - Aircraft Accident and Incident Investigation
• Annex 14 - Aerodromes
• Annex 15 - Aeronautical Information Services
• Annex 16 - Environmental Protection
• Annex 17 - Security
• Annex 18 - The Safe Transportation of Dangerous Goods by Air
• Annex 19 - Safety management
Annexes 2, 5, 7 & 8 contain international standards and no recommended practices
(RPs). The remaining 15 Annexes contain both.
 Procedure for Air Navigation Services (Relevant Docs)

• 8400 ICAO Abbreviations and Codes.

• 4444 Air Traffic Management.
• 8168
• Aircraft Operations. vol. 1
• Construction of Visual and Instrument Flight Procedures vol 2
• 9868 Training
• 7030 Regional Supplementary Procedures