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ICAO USOAP. ACTIONS TAKEN TOWARD COMPLIANCE. USOAP. Findings: 486 . Scope
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ICAO USOAP ACTIONS TAKEN TOWARD COMPLIANCE
USOAP Findings: 486
Scope • This is a training course in aviation law which will cover all relevant sections of aviation law, including general principles, public international air law, private international air law, legal aspects of aviation safety, legal aspects of aviation security, aviation law drafting, aviation regulations drafting, and other relevant items, tailored to the needs of the Federated States of Micronesia (FSM). ICAO LAW TRAININGDate: 31 Oct – 11 Nov 2011
Part I – Introduction (5%) • - General principles of aviation law. • - Analysis of the status of the FSM in relation to the various international air law instruments, namely conventions and protocols. • - Analysis of FSM’s procedures for ratification of international law instruments. • Part II - Public international air law (50%) • 2.1- Convention on International Civil Aviation (Chicago Convention of 1944) and related Protocols. • 2.2 - Selected aspects of the Annexes to the Chicago Convention. • 2.3 - Legal aspects of aviation safety. • 2.4 - FSM’s compliance with safety requirements under the Chicago Convention and its Annexes. • 2.5 - Conventions on civil aviation security, namely the Tokyo Convention of 1963, The Haig Convention of 1970, the Montreal Convention of 1971, the Montreal Protocol of 1988, the MEX Convention of 1991 and the Beijing Convention and Protocol of 2010. • 2.6 - Legal aspects of aviation security. • 2.7 - FSM’s compliance with security requirements under security conventions and Annex 17 to the Chicago Convention. • Part III - Private international air law (25%) • 3.1 - The Warsaw Convention of 1929 and related protocols, as well as the Montreal Convention of 1999, on liability of international air carriers. • 3.2 - The Geneva Convention of 1948 and the Cape Town Convention and Protocol of 2001 on rights and international interests in aircraft (aircraft financing). • 3.3 - Rome Convention of 1952 and Montreal Conventions of 2009 on liability for damages to third parties. • Part IV - Regulation of air transport (10%) • 4.1 - Air services agreements. • 4.2 - Airports and air navigation services. • 4.3 - FSM’s compliance with ICAO requirements. • Part V - Domestic civil aviation law (10%) • 5.1 - FSM’s civil aviation legislation and regulations and their compatibility with relevant international law. • 5.2 - Needs for adoption of civil aviation legislation and regulations in the FSM. Agenda:
As a result, the training led to a better knowledge of how ICAO operates and of our responsibilities as a party to the convention. • The FSM Code and CAR’s were compared to ICAO standards, and, for the most part, FSM is in compliance.
Participating departments: FSM DCA RMI CAA FSM NDOJ FSM Supreme Court PNI State AG PPA Date completed: 11 Nov 2011
FSM Code Title 20: Aeronautics • FSM Civil Aviation Regulations • NCASP • ICAO Treaties to sign Items in review for amendment/implementation:
FAA initiative: Monthly teleconference with ROP, RMI & FSM CAA’s to converse, compare information, question, and assist one another with the overall objective to better ourselves towards aviation safety and security. ASSISTANCE:
Retired FAA Legal counsel • Singapore Aviation Academy • ICAO Legal counsel ASSISTANCE (Continued…)
Compilation of amendments • Aeronautical Information Publication: FSM Division of Civil Aviation Website http://www.ict.fm/civilaviation/index.html • iSTARS edits (e.g. Date of Implementation revision to December 2013) IMPROVEMENTS:
Features: About the FSM Recent FSM Civil Aviation News Regulation revisions Directives Bulletins DCA Website: Home
Features: About Basic Information Maps Contact Information Hours of Operations NOTAMS Weather Instrument Procedures Airport Communications Airport Services Runway Information Satellite Photos DCA Website: Airports FSM International Airports: Pohnpei, Kosrae, Yap, ChuukOuter island runways: Ta, Fais, Houk, Onoun, Mwoakilloa, Pingelap, Sapwafik, Ulithi, Woleai
Original Date of Implementation: Dec. 31, 2011 Revised Date of Implementation: Dec. 31, 2013 Reasons: Allow for ample time to amend and implement corrective action plan. iSTARS
FSM DCA continues to take corrective action towards compliance.