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E105709 – CTS 2024/13

AGREEMENT BETWEEN THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE FRENCH REPUBLIC CONCERNING THE DEPLOYMENT OF IN-FLIGHT SECURITY OFFICERS

THE GOVERNMENT OF CANADA AND THE GOVERNMENT OF THE FRENCH REPUBLIC (hereafter referred to as the “Parties”),

CONSIDERING that acts committed on board an aircraft in flight that endanger or are likely to endanger the safety of the aircraft or of persons on board are a serious threat to international civil aviation;

CONSIDERING the Convention on International Civil Aviation, done at Chicago on 7 December 1944, and the annexes thereto, the Convention on Offences and Certain Other Acts Committed on Board Aircraft, done at Tokyo on 14 September 1963, the Convention for the Suppression of Unlawful Seizure of Aircraft, done at The Hague on 16 December 1970, and the Convention for the Suppression of Unlawful Acts against the Safety of Civil Aviation, done at Montreal on 23 September 1971;

CONSIDERING the International Covenant on Civil and Political Rights, done at New York on 16 December 1966, the Council of Europe Convention on the Transfer of Sentenced Persons, done at Strasbourg on 21 March 1983, the Extradition Treaty between the Government of Canada and the Government of the Republic of France, done at Ottawa on 17 November 1988, the Treaty between the Government of Canada and the Government of the Republic of France on Mutual Assistance in Penal Matters, done at Paris on 15 December 1989, and the Agreement Between Canada and France on the Transfer of Inmates and the Supervision of Persons Under Sentence, done at Ottawa on 9 February 1979, as well as the two exchanges of letters relating thereto signed at Paris on 30 June 1983;

DESIRING to improve the safety of civil aviation through the deployment of armed security officers on board aircraft registered by their States and travelling between these territories;

HAVE AGREED on the following provisions:

ARTICLE 1

In-Flight Security Officers

  1. The in-flight security officers (“IFSOs”) of a Party are officers employed by that Party, responsible for maintaining security and safety on board aircraft.
  2. IFSOs are responsible for preventing the commandeering of an aircraft and any acts of unlawful interference that could seriously endanger the safety of an aircraft or cause harm threatening the safety or integrity of passengers on board.
  3. The IFSOs of a Party may not independently carry out a police intervention in the territory of the State of the other Party.
  4. While in the territory of the State of the other Party or in the airspace above, the IFSOs of a Party must respect the legislation of the other Party.

ARTICLE 2

IFSO Training

  1. Each Party certifies that its IFSOs are specially selected and trained in the various aspects of aviation security and safety and in on-board aircraft intervention tactics and techniques.
  2. Each Party shall inform the other Party of the selection criteria and practices for its IFSOs and of the training given to them.
  3. Each Party shall inform the other Party, without delay, of changes relating to IFSO training or to the employment rules for its IFSOs.

ARTICLE 3

Deployment of IFSOs

  1. A Party (hereafter referred to as the “Sending Party”) may deploy IFSOs on board aircraft registered in the territory of its State that make scheduled or unscheduled flights to or from the territory of the State of the other Party (hereafter referred to as the “Receiving Party”), or that are diverted to the territory of the State of the Receiving Party.
  2. Each Party shall ensure that its IFSOs at all times carry documents identifying them as IFSOs.
  3. Each Party shall deploy its IFSOs in compliance with the in-flight and airport security rules applicable for each of the Parties.

ARTICLE 4

National Points of Contact

  1. For the purposes of this Agreement, each Party shall designate a national point of contact responsible for the co-ordination of IFSO deployments and the applicable procedures.
  2. The Parties shall inform each other through diplomatic channels of the designation and the contact information of their national points of contact. They shall notify each other as soon as possible of any change in the designation or the contact information of their national points of contact.

ARTICLE 5

Notice of Deployment

  1. The deployment of IFSOs may be planned in advance or decided on an emergency basis.
  2. When the deployment of IFSOs is planned in advance, the Sending Party shall notify the Receiving Party, by written notice transmitted at least twenty-one (21) days in advance, of any deployment of IFSOs that it intends to make. The Sending Party shall notify the Receiving Party of the information listed in the Annex at least three (3) days prior to the deployment of IFSOs.
  3. If the deployment of IFSOs is cancelled before a flight departs, the national point of contact of the Sending Party shall notify the Receiving Party’s national point of contact of the cancellation, by any means.
  4. In the case of a serious and imminent threat, the Sending Party may deploy IFSOs without notice. The Sending Party shall notify verbally the Receiving Party of this deployment and the reasons therefor without delay and at latest before take-off. The Sending Party shall confirm this deployment in writing as soon as possible.

ARTICLE 6

Possession and Transport of Weapons

  1. The Receiving Party shall authorize the IFSOs of the Sending Party to have in their possession and to carry, on board aircraft flying over the territory of its State, the service weapons, ammunition and equipment jointly approved by the Parties within the framework of the operational procedures referred to in Article 7.
  2. The Receiving Party shall authorize the IFSOs of the Sending Party to enter and leave the territory of its State with the service weapons, ammunition and equipment mentioned in paragraph 1.
  3. The Receiving Party shall authorize the IFSOs of the Sending Party, under the conditions set by its competent national authority, to disembark an aircraft with the service weapons, ammunition and equipment mentioned in paragraph 1 and to enter security zones not freely accessible to the public in its airports.
  4. Immediately after completing the formal border-crossing procedures in the territory of the State of the Receiving Party, the IFSOs of the Sending Party shall leave their service weapons, ammunition and equipment in a location determined by the competent authority of the Receiving Party, where they shall be stored in a secure manner and kept under surveillance.

ARTICLE 7

Operational Procedures

The Parties shall supplement this Agreement with operational procedures that they shall jointly establish in writing. These operational procedures shall establish, in particular, the list of the service weapons and ammunition with which IFSOs are equipped and other conditions respecting the possession and storage of such service weapons and ammunition.

ARTICLE 8

Data Protection

  1. The Parties shall treat the information and documents exchanged under this Agreement as confidential, subject to the requirements of their respective legislation, and may disclose such information and documents only to individuals or authorities responsible for airport and aviation security.
  2. The Parties acknowledge that appropriate protection and the maintenance of confidentiality are essential when using and processing personal data transmitted under this Agreement.
  3. The Parties shall transmit, process and store personal data in accordance with their respective legislation and with the objectives of this Agreement. The Parties shall retain personal data transmitted to them no longer than is necessary and appropriate. They shall report any error in the data so that suitable corrective measures can be taken.
  4. The Parties shall ensure that procedures allow any person concerned to have access to appropriate remedies for the violation of their personal data protection rights, in accordance with their respective legislation.

ARTICLE 9

Overflight and Transit

  1. The Receiving Party shall authorize deployments of IFSOs by the Sending Party on board aircraft that fly over the territory of its State without landing.
  2. In the event an aircraft with IFSOs on board is diverted to the territory of the State of the Receiving Party or transits through this territory, the national point of contact of the Sending Party shall notify the national point of contact of the Receiving Party. The notice includes the information set out in the Annex.

ARTICLE 10

Incident Management

  1. When an incident occurs on board an aircraft or during the embarkation or disembarkation process in the territory of the State of the Receiving Party, the IFSO must notify the aircraft captain of the incident without delay. The IFSO must also submit a report of that incident, as well as all relevant information, to the national authorities or national point of contact of the Sending Party, who shall then inform the national authorities or national point of contact of the Receiving Party as soon as possible.
  2. The aircraft captain may request or authorize, but may not require, the assistance of an IFSO for the purpose of applying coercive measures against persons who have committed or are about to commit an act referred to in paragraph 2 of Article 1.
  3. The IFSO may, without the authorization of the aircraft captain, take reasonable preventive measures if that IFSO has reason to believe that such measures are immediately required to protect the aircraft or persons on board the aircraft against an act referred to in paragraph 2 of Article 1.
  4. When an IFSO restrains a person on board an aircraft in flight, the aircraft captain must hand that person over to the competent authorities of the State where the aircraft lands, in accordance with the international obligations of each Party.

ARTICLE 11

Mutual Legal Assistance

  1. The death penalty shall not be sought, imposed or carried out against a person prosecuted pursuant to this Agreement.
  2. The Parties shall afford one another the widest measure of mutual legal assistance in civil or criminal proceedings relating to an act committed by an IFSO in the performance of the IFSO’s duties.

ARTICLE 12

Criminal Proceedings Regarding IFSOs’ Actions

  1. If the competent authorities of one Party arrest an IFSO of the other Party for any reason whatsoever, the Party detaining the IFSO shall immediately notify the other Party in writing, through its national point of contact, of the IFSO’s detention and of the reasons for this detention.
  2. The Party detaining an IFSO shall treat the IFSO in accordance with the provisions of the International Covenant on Civil and Political Rights, done at New York on 16 December 1966.
  3. To the extent provided for in its domestic law, the Party detaining an IFSO shall allow the IFSO to contact the IFSO’s supervisor and shall ensure that the IFSO is held separately from other detainees.
  4. The Receiving Party shall give favourable consideration to a request from the Sending Party to exercise its jurisdiction on a priority basis with regard to an act committed by an IFSO of the Sending Party.
  5. The Receiving Party shall also give favourable consideration to a request from the Sending Party for the transfer of an IFSO sentenced to a term of imprisonment, for the purposes of carrying out this sentence, in accordance with both Parties’ international commitments in this regard.

ARTICLE 13

Settlement of Damages

The Parties shall settle, through consultations or negotiations, any claims for damage caused jointly by them or by either of them in the course of the application of this Agreement.

ARTICLE 14

Relationship with Other Legally Binding Instruments

This Agreement does not affect the rights and obligations of the Parties arising from other legally binding instruments.

ARTICLE 15

Dispute Resolution

The Parties shall resolve any dispute arising from the interpretation or application of this Agreement through consultations or negotiations.

ARTICLE 16

Final Provisions

  1. This Agreement enters into force on the first day of the second month following the date of receipt of the last notification, through diplomatic channels, of the completion by each of the Parties of its domestic procedures required for the entry into force of this Agreement.
  2. This Agreement remains in force for an indefinite period.
  3. The Parties may amend this Agreement jointly, in writing, at any time. Amendments enter into force under the conditions set out in paragraph 1.
  4. Each Party may at any time temporarily suspend the application of this Agreement. It shall immediately notify the other Party of the suspension through diplomatic channels.
  5. Each Party may at any time terminate this Agreement by written notification to the other Party through diplomatic channels. The termination takes effect ninety (90) days after its date of notification.

DONE at Paris, this 19th day of January 2022, in duplicate, in the English and French languages, each version being equally authentic.

Mélanie Joly

FOR THE GOVERNMENT
OF CANADA

Jean-Yves Le Drian

FOR THE GOVERNMENT
OF THE FRENCH REPUBLIC

ANNEX 

Information to be Included in the Written Notice of Deployment of In-Flight Security Officers

Date and time of the mission; flight information (including flight number and arrival and departure times);

Number of in-flight security officers per mission;

Family name, given name, date of birth and full contact information of each of the in‑flight security officers taking part in the mission and, if applicable, the name of the mission leader;

Passport number of each of the in-flight security officers;

Types, makes and serial numbers of the firearms and weapons with which each of the in-flight security officers will be equipped;

Types and quantities of ammunition carried by each of the in-flight security officers;

Details of other mission-related equipment to be carried on the aircraft, including but not limited to radios or handcuffs, for each of the in-flight security officers.


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