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ICAO Air Law

This document contains the texts of all resolutions of the ICAO Assembly that remain in force as of October 2022. It is divided into ten parts covering topics such as air navigation, air transport, unlawful interference, and organization and personnel. Each resolution appears under the appropriate part or sub-heading.

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100% found this document useful (1 vote)

202 views392 pages

ICAO Air Law

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Doc 10184

Assembly Resolutions in Force

(as of 7 October 2022)

Published by authority of the Secretary General

INTERNATIONAL CIVIL AVIATION ORGANIZATION

Doc 10184
Assembly Resolutions in Force
(as of 7 October 2022)

Published by authority of the Secretary General

INTERNATIONAL CIVIL AVIATION ORGANIZATION

Published in separate English, Arabic, Chinese, French, Russian
and Spanish editions by the
INTERNATIONAL CIVIL AVIATION ORGANIZATION
999 Robert-Bourassa Boulevard, Montréal, Quebec, Canada H3C 5H7

For ordering information and for a complete listing of sales agents

and booksellers, please go to the ICAO website at www.icao.int

Doc 10184, Assembly Resolutions in Force (as of 7 October 2022)

Order Number: 10184
ISBN 978-92-9265-969-1 (Print copy)
ISBN 978-92-9275-056-5 (Electronic copy incorporating Corrigendum No. 1)

All rights reserved. No part of this publication may be reproduced, stored in a

retrieval system or transmitted in any form or by any means, without prior
permission in writing from the International Civil Aviation Organization.
PREFACE

The present document contains the texts of all resolutions of the ICAO Assembly in force at the close of its 41st Session
(September/October 2022).

The document is divided into ten Parts, and within seven of these Parts there are several sub-headings (Parts and
sub-headings are listed in the Table of Contents). The text of each resolution appears under the appropriate Part or sub-
heading. When a resolution or part of a resolution falls under more than one Part or sub-heading, the full text of the
resolution appears in the place considered most appropriate, and only its number and title are given under the other Parts
or sub-headings.

This document contains, in addition to the texts of the resolutions in force (Parts I to X inclusive):

— reservations which were recorded by some delegations to resolutions adopted by the Assembly and which
still remain in force (Appendix A);

— a list of resolutions resulting from consolidations, with an indication of their origin (Appendix B);

— a list of resolutions that have been consolidated, with an indication of the resulting resolution (Appendix C);

— a subject index of resolutions in force (Appendix D); and

— an index of resolutions in force (Appendix E).

Resolutions or parts thereof no longer in force are available at http://www.icao.int/Meetings/a41/Pages/resolutions.aspx.

Assembly resolutions were adopted in Russian for the first time by the Nineteenth (Extraordinary) Session in 1973. It
follows that the resolutions in force adopted by that session, and all subsequent sessions, are authentic Russian texts. In
the Russian version of the present document, Secretariat translations are given for resolutions in force adopted by all
Assembly sessions from the first to the eighteenth.

Assembly resolutions were adopted in Arabic for the first time by the 24th Session of the Assembly. All resolutions adopted
by the 24th and subsequent sessions are authentic Arabic texts.

Assembly resolutions were adopted in Chinese for the first time by the 33rd Session of the Assembly. All resolutions
adopted by the 33rd and subsequent sessions are authentic Chinese texts.

_____________________

(iii)
CONTENTS

Page

Part I — Constitutional and General Policy Matters .......................................................................................... I-1

The Convention on International Civil Aviation ................................................................................................ I-1
Membership of ICAO ....................................................................................................................................... I-13
The Organization and its bodies ...................................................................................................................... I-15
Standing Rules of Procedure of the Assembly ................................................................................................ I-29
Relations with Contracting States .................................................................................................................... I-39
Relations with international organizations and other bodies ............................................................................ I-52
General policy on special programmes ........................................................................................................... I-60

Part II — Air Navigation........................................................................................................................................ II-1

Air Navigation Commission, its subsidiary bodies, technical meetings and participation by States................. II-1
Technical Secretariat ....................................................................................................................................... II-2
Air navigation continuing policies and associated practices ............................................................................ II-2
Annexes, PANS and manuals ......................................................................................................................... II-22
Regional plans................................................................................................................................................. II-22
Implementation ................................................................................................................................................ II-23
Special programmes ....................................................................................................................................... II-29
Airworthiness and operation of aircraft ............................................................................................................ II-40
Personnel licensing and training...................................................................................................................... II-42
Aircraft accident investigation .......................................................................................................................... II-49
Units of measurement ..................................................................................................................................... II-49
Ground facilities, services and personnel ........................................................................................................ II-49
Technical measures against acts of unlawful interference .............................................................................. II-50

Part III — Air Transport ........................................................................................................................................ III-1

Air transport continuing policies ...................................................................................................................... III-1

Part IV — Joint Financing .................................................................................................................................... IV-1

Part V — Legal Matters ........................................................................................................................................ V-1

Part VI — Technical Cooperation ........................................................................................................................ VI-1

Part VII — Unlawful Interference ......................................................................................................................... VII-1

General ........................................................................................................................................................... VII-1
Continuing ICAO policy related to unlawful interference ................................................................................. VII-3
Other matters related to unlawful interference................................................................................................. VII-20

Part VIII — Organization and Personnel ............................................................................................................. VIII-1

Organizational matters .................................................................................................................................... VIII-1
General personnel policy ................................................................................................................................. VIII-1
Recruitment and staffing ................................................................................................................................. VIII-3

(v)
(vi) Assembly Resolutions in Force

Page

Appointments and promotions ......................................................................................................................... VIII-8

Miscellaneous.................................................................................................................................................. VIII-8

Part IX — Languages and Administrative Services ........................................................................................... IX-1

Languages....................................................................................................................................................... IX-1
Administrative services .................................................................................................................................... IX-5

Part X — Finance .................................................................................................................................................. X-1

Financial regulations ....................................................................................................................................... X-1
Assessments ................................................................................................................................................... X-15
Budgets ........................................................................................................................................................... X-36
Working Capital Fund ...................................................................................................................................... X-48
Contributions in arrears ................................................................................................................................... X-50
Accounts and audits ........................................................................................................................................ X-56
Miscellaneous.................................................................................................................................................. X-62

Appendix A ........................................................................................................................................................... A-1

Reservations to resolutions adopted by the ICAO Assembly

Appendix B ........................................................................................................................................................... B-1

List of resolutions resulting from consolidations, with an indication of their origin

Appendix C ........................................................................................................................................................... C-1

List of resolutions that have been consolidated, with an indication of the resulting resolution

Appendix D ........................................................................................................................................................... D-1

Subject index of resolutions in force

Appendix E ............................................................................................................................................................ E-1

Index of resolutions in force

_____________________
PART I. CONSTITUTIONAL AND GENERAL POLICY MATTERS

THE CONVENTION ON INTERNATIONAL CIVIL AVIATION

A29-1: ICAO’s 50th Anniversary Celebrations (1994)

Whereas the 7th December 1994 will mark the 50th Anniversary of the signing of the Convention on International Civil
Aviation at Chicago;

Whereas the preamble to the Convention on International Civil Aviation states that “the future development of international
civil aviation can greatly help to create and preserve friendship and understanding among the nations and peoples of the
world . . .” and Article 44 of that Convention states that ICAO should “develop the principles and techniques of international
air navigation and . . . foster the planning and development of international air transport so as to . . . meet the needs of
the peoples of the world for safe, regular, efficient and economical air transport”;

Whereas the International Civil Aviation Organization, established by the Convention on International Civil Aviation, has
since 1944 successfully met the above aims and objectives;

Whereas it is desirable that the significant contribution of civil aviation to the social and economic well-being of the peoples
of the world be fully recognized;

Whereas ICAO continues to work with States and through their regional and international organizations to ensure that the
growth of international civil aviation continues to contribute to international peace and development;

The Assembly:

1. Approves the development by the Council of a programme of activities that will include a major
conference/meeting at ICAO Headquarters on 7 December 1994 along with appropriate publications distributed;

2. Urges Member States to establish a national focal point and to launch a programme of activities at the national
level, financed by local resources, to celebrate the anniversary in an appropriate way;

3. Urges Member States to cooperate with the Regional Offices of ICAO to develop a programme of activities for
which funding could be found within the Region;

4. Authorizes the Council to work with the United Nations and its agencies to launch activities to highlight the role
of civil aviation in their work; and

5. Declares 7 December each year, starting in 1994, as International Civil Aviation Day and instructs the Secretary
General to inform the Secretary-General of the United Nations accordingly.

I-1
I-2 Assembly Resolutions in Force

A4-3: Policy and programme with respect to the amendment

of the Convention

Whereas the Second Session of the Assembly directed the Council to study the Convention and submit proposals for
amendment to the Assembly in 1950 and to prepare a plan, including a time schedule, for such a study; and

Whereas the Council and its various subsidiary bodies have made intensive studies on the subject and have come to the
conclusion that many of the amendments suggested were not ready for immediate action and that none required any
action by the Assembly in 1950; and

Whereas the Council decided not to recommend any amendment to the 1950 Assembly and was of the opinion that the
1950 Assembly should not adopt any amendment to the Convention; and

Whereas the Council requested the views of the Assembly on certain questions of principle, method and procedure which
are set out in Part V of the Report of the Council on amendment of the Chicago Convention (A4-WP/20, P/7);

Be it therefore resolved:

1. That the Assembly concludes that an amendment of the Convention may be appropriate when either or both of
the following tests is satisfied:

i) when it is proved necessary by experience;

ii) when it is demonstrably desirable or useful;

2. That no plans should be initiated in the near future for a general revision of the Convention;

3. That modification of the Convention should be accomplished by specific amendment only;

4. That Article 94 of the Convention should be maintained in its present form;

5. That no specific procedure to be incorporated in protocols of amendment should be adopted by this Assembly;

6. That this resolution does not affect the responsibility of the Council to consider, in accordance with the present
resolution, any specific amendment arising from previous resolutions of the Assembly, or proposed by a Contracting State
or by any body of the Organization, including the amendments (other than Article 94) submitted to the Council prior to the
Fourth Session of the Assembly in pursuance of Assembly Resolution A2-5, and to make proposals to the Assembly
thereon;

7. That the Council should not itself initiate any proposal for amendment to the Convention for submission to the
Assembly unless in the opinion of the Council such amendment is urgent in character; and

8. That any Contracting State wishing to propose an amendment to the Convention should submit it in writing to the
Council at least six months before the opening date of the Assembly to which it is to be presented. The Council shall
consider any such proposal and transmit it to the Contracting States together with its comments or recommendations
thereon at least three months before the opening date of the Assembly.

A1-3: New Article 93 bis

A8-1: Amendments to Articles 48(a), 49(e) and 61

I. Constitutional and General Policy Matters I-3

A8-4: Amendment to Article 45

A13-1: Amendment to Article 50(a)

A14-5: Amendment to Article 48(a)

A17A-1: Amendment to Article 50(a)

A18-2: Amendment to Article 56

A21-2: Amendment to Article 50(a)

A22-2: Amendment regarding the authentic

Russian text of the Convention

A23-2: New Article 83 bis

A25-1: New Article 3 bis

A27-2: Amendment to Article 56 of the Convention on

International Civil Aviation

A28-1: Amendment to Article 50(a)

A32-2: Amendment of the Convention on International Civil

Aviation regarding the authentic Chinese text

A16-16: French and Spanish texts of the Convention on

International Civil Aviation

Whereas Resolution A3-2 invited the Council to take action with a view to providing the Organization with texts in French
and Spanish of the Convention on International Civil Aviation, such texts to be used only for the internal purposes of the
Organization;

Whereas the Council, pursuant to that resolution and for the said purposes, adopted the French and Spanish texts of the
Convention which are found in Doc 7300/3;
I-4 Assembly Resolutions in Force

Whereas the International Conference on the Authentic Trilingual Text of the Convention on International Civil Aviation
(Chicago, 1944) adopted, on 20 September 1968 at Buenos Aires, and opened for signature, on 24 September 1968, a
protocol (hereinafter referred to as the “Buenos Aires Protocol”), to which is annexed a text of the said Convention in the
French and Spanish languages; and

Whereas it is desirable that the text of the Convention in the French and Spanish languages attached to the Buenos Aires
Protocol come into use as soon as possible;

The Assembly:

1. Urges all Contracting States to accept the Buenos Aires Protocol as soon as possible;

2. Resolves that the text of the Convention in the French and Spanish languages attached to the Buenos Aires
Protocol be used henceforth by the Organization;

3. Recommends to Contracting States that, for reference purposes in their relations with the Organization or with
other Contracting States, they use, in their communications in the French or Spanish language, only the text of the
Convention in those languages which is attached to the Buenos Aires Protocol; and

4. Rescinds Resolution A3-2.

A22-2: Amendment of the Chicago Convention regarding the

authentic Russian text of the Convention

The Assembly of the International Civil Aviation Organization,

Having met in its Twenty-second Session at Montreal on 30 September 1977,

Having noted Resolution A21-13 on the authentic Russian text of the Convention on International Civil Aviation,

Having noted that it is the general desire of Contracting States to make a provision that the Convention aforesaid exist in
authentic Russian text,

Having considered it necessary to amend, for the purpose aforesaid, the Convention on International Civil Aviation done
at Chicago on the seventh day of December 1944,

1. Approves, in accordance with the provisions of Article 94(a) of the Convention aforesaid, the following proposed
amendment to the said Convention:

replace the present text of the final paragraph of the Convention by:

“Done at Chicago the seventh day of December 1944 in the English language. The texts of this Convention drawn up in
the English, French, Russian and Spanish languages are of equal authenticity. These texts shall be deposited in the
archives of the Government of the United States of America, and certified copies shall be transmitted by that Government
to the Governments of all the States which may sign or adhere to this Convention. This Convention shall be open for
signature at Washington, D.C.”

2. Specifies, pursuant to the provisions of the said Article 94(a) of the said Convention, ninety-four as the number
of Contracting States upon whose ratification the proposed amendment aforesaid shall come into force, and
I. Constitutional and General Policy Matters I-5

3. Resolves that the Secretary General of the International Civil Aviation Organization draw up a Protocol, in the
English, French, Russian and Spanish languages each of which shall be of equal authenticity embodying the proposed
amendment above-mentioned and the matter hereinafter appearing:

a) The Protocol shall be signed by the President of the Assembly and its Secretary General.

b) The Protocol shall be open to ratification by any State which has ratified or adhered to the said Convention
on International Civil Aviation.

c) The instruments of ratification shall be deposited with the International Civil Aviation Organization.

d) The Protocol shall come into force in respect of the States which have ratified it on the date on which the
94th instrument of ratification is so deposited.

e) The Secretary General shall immediately notify all Contracting States of the date of deposit of each
ratification of the Protocol.

f) The Secretary General shall immediately notify all States parties to the said Convention of the date on which
the Protocol comes into force.

g) With respect to any Contracting State ratifying the Protocol after the date aforesaid, the Protocol shall come
into force upon deposit of its instrument of ratification with the International Civil Aviation Organization.

A22-3: Ratification of the Protocol Amending the Final Clause

of the Convention

Whereas the Assembly has decided to amend the Final Clause of the Convention to provide for the authentic text of the
Convention in the Russian language; and

Whereas the Assembly is of the opinion that it is highly desirable that the aforesaid amendment should come into force as
soon as possible;

The Assembly:

1. Recommends to all Contracting States that they ratify the amendment to the Final Clause of the Convention as
soon as possible;

2. Directs the Secretary General to bring this resolution immediately to the attention of Contracting States with the
objective mentioned above.

A24-3: Ratification of the Protocol amending the

Final Clause of the Convention on
International Civil Aviation

Recalling Assembly Resolution A22-3 on the ratification of the Protocol amending the Final Clause of the Convention on
International Civil Aviation so as to provide for the authentic text of the Convention in the Russian language; and
I-6 Assembly Resolutions in Force

Considering that it is highly desirable that the aforesaid amendment should come into force as soon as possible;

The Assembly:

Urges all Contracting States to ratify the amendment to the Final Clause of the Convention as soon as possible.

A31-29: Ratification of the Protocol Amending

the Final Clause of the Convention

Whereas the Assembly has decided to amend the Final Clause of the Convention to provide for the authentic text of the
Convention in the Arabic language; and

Whereas the Assembly is of the opinion that it is highly desirable that the aforesaid amendment should come into force as
soon as possible;

The Assembly:

1. Recommends to all Contracting States that they ratify the amendment to the Final Clause of the Convention as
soon as possible;

2. Directs the Secretary General to bring this resolution immediately to the attention of Contracting States with the
objective mentioned above.

A32-2: Amendment of the Convention on International Civil

Aviation regarding the authentic Chinese text

The Assembly of the International Civil Aviation Organization,

Having met in its Thirty-second Session at Montreal on 22 September 1998,

Having noted that it is the general desire of Contracting States to take action to ensure that the Convention on International
Civil Aviation done at Chicago on 7 December 1944 is available as the authentic Chinese text,

Having considered it necessary to amend, for the purpose aforesaid, the Convention on International Civil Aviation done
at Chicago on the seventh day of December 1944,

1. Approves, in accordance with the provisions of Article 94(a) of the Convention aforesaid, the following proposed
amendment which is to replace the present text of the final paragraph of the said Convention:

“Done at Chicago the seventh day of December 1944 in the English language. The texts of this Convention drawn up in
the English, Arabic, Chinese, French, Russian and Spanish languages are of equal authenticity. These texts shall be
deposited in the archives of the Government of the United States of America, and certified copies shall be transmitted by
that Government to the Governments of all the States which may sign or adhere to this Convention. This Convention shall
be open for signature at Washington, D.C.”

2. Specifies, pursuant to the provisions of the said Article 94(a) of the said Convention, one hundred and twenty-four
(124) as the number of Contracting States upon whose ratification the proposed amendment aforesaid shall come into
force, and
I. Constitutional and General Policy Matters I-7

3. Resolves that the Secretary General of the International Civil Aviation Organization draw up a Protocol, in the
English, Arabic, Chinese, French, Russian and Spanish languages each of which shall be of equal authenticity embodying
the proposed amendment above-mentioned and the matter hereinafter appearing:

a) The Protocol shall be signed by the President of the Assembly and its Secretary General.

b) The Protocol shall be open to ratification by any State which has ratified or adhered to the said Convention
on International Civil Aviation.

c) The instruments of ratification shall be deposited with the International Civil Aviation Organization.

d) The Protocol shall come into force in respect of the States which have ratified it on the date on which the
124th instrument of ratification is so deposited.

e) The Secretary General shall immediately notify all States parties to the said Convention of the date of deposit
of each ratification of the Protocol.

f) The Secretary General shall immediately notify all States parties to the said Convention of the date on which
the Protocol comes into force.

A32-3: Ratification of the Protocol Amending the Final Clause

of the Convention on International Civil Aviation

Whereas the Assembly has decided to amend the Final Clause of the Convention to provide for the authentic text of the
Convention in the Chinese language; and

Whereas the Assembly is of the opinion that it is highly desirable that the aforesaid amendment should come into force as
soon as possible;

The Assembly:

1. Recommends to all Contracting States that they ratify the amendment to the Final Clause of the Convention as
soon as possible; and

2. Directs the Secretary General to bring this resolution immediately to the attention of Contracting States with the
objective mentioned above.

A23-2: Amendment of the Chicago Convention regarding

transfer of certain functions and duties

The Assembly of the International Civil Aviation Organization,

Having met in its Twenty-third Session at Montreal on 6 October 1980,

I-8 Assembly Resolutions in Force

Having noted Resolutions A21-22 and A22-28 on lease, charter and interchange of aircraft in international operations,

Having noted the draft amendment to the Convention on International Civil Aviation prepared by the 23rd Session of the
Legal Committee,

Having noted that it is the general desire of Contracting States to make a provision for the transfer of certain functions and
duties from the State of registry to the State of the operator of the aircraft in the case of lease, charter or interchange or
any similar arrangements with respect to such aircraft,

Having considered it necessary to amend, for the purpose aforesaid, the Convention on International Civil Aviation done
at Chicago on the seventh day of December 1944,

1. Approves, in accordance with the provisions of Article 94(a) of the Convention aforesaid, the following proposed
amendment to the said Convention:

Insert after Article 83 the following new Article 83 bis:

“Article 83 bis

Transfer of certain functions and duties

a) Notwithstanding the provisions of Articles 12, 30, 31 and 32(a), when an aircraft registered in a contracting
State is operated pursuant to an agreement for the lease, charter or interchange of the aircraft or any similar
arrangement by an operator who has his principal place of business or, if he has no such place of business,
his permanent residence in another contracting State, the State of registry may, by agreement with such
other State, transfer to it all or part of its functions and duties as State of registry in respect of that aircraft
under Articles 12, 30, 31 and 32(a). The State of registry shall be relieved of responsibility in respect of the
functions and duties transferred.

b) The transfer shall not have effect in respect of other contracting States before either the agreement between
States in which it is embodied has been registered with the Council and made public pursuant to Article 83
or the existence and scope of the agreement have been directly communicated to the authorities of the other
contracting State or States concerned by a State party to the agreement.

c) The provisions of paragraphs (a) and (b) above shall also be applicable to cases covered by Article 77.”

2. Specifies, pursuant to the provisions of the said Article 94(a) of the said Convention, ninety-eight as the number
of Contracting States upon whose ratification the proposed amendment aforesaid shall come into force, and

3. Resolves that the Secretary General of the International Civil Aviation Organization draw up a Protocol, in the
English, French, Russian and Spanish languages, each of which shall be of equal authenticity, embodying the proposed
amendment above-mentioned and the matter hereinafter appearing:

a) The Protocol shall be signed by the President of the Assembly and its Secretary General.

b) The Protocol shall be open to ratification by any State which has ratified or adhered to the said Convention
on International Civil Aviation.

c) The instruments of ratification shall be deposited with the International Civil Aviation Organization.

d) The Protocol shall come into force in respect of the States which have ratified it on the date on which the
ninety-eighth instrument of ratification is so deposited.
I. Constitutional and General Policy Matters I-9

e) The Secretary General shall immediately notify all Contracting States of the date of deposit of each
ratification of the Protocol.

f) The Secretary General shall immediately notify all States parties to the said Convention of the date on which
the Protocol comes into force.

A23-3: Ratification of Protocol incorporating Article 83 bis

into the Chicago Convention

The Assembly,

Having adopted Resolution A23-2 amending the Chicago Convention by the addition of a new Article 83 bis,

Urges all Contracting States to complete any necessary changes in their national law and to ratify the amendment as soon
as possible.

A25-1: Amendment to the Convention on International Civil

Aviation (Article 3 bis)

The Assembly of the International Civil Aviation Organization,

Having met in its 25th Session (Extraordinary) at Montreal on 10 May 1984,

Having noted that international civil aviation can greatly help to create and preserve friendship and understanding among
the nations and peoples of the world, yet its abuse can become a threat to general security;

Having noted that it is desirable to avoid friction and to promote that cooperation between nations and peoples upon which
the peace of the world depends;

Having noted that it is necessary that international civil aviation may be developed in a safe and orderly manner;

Having noted that in keeping with elementary considerations of humanity the safety and the lives of persons on board civil
aircraft must be assured;

Having noted that in the Convention on International Civil Aviation done at Chicago on the seventh day of December 1944
the Contracting States

— recognize that every State has complete and exclusive sovereignty over the airspace above its territory,

— undertake, when issuing regulations for their state aircraft, that they will have due regard for the safety of
navigation of civil aircraft, and

— agree not to use civil aviation for any purpose inconsistent with the aims of the Convention,
I-10 Assembly Resolutions in Force

Having noted the resolve of the Contracting States to take appropriate measures designed to prevent the violation of other
States’ airspace and the use of civil aviation for purposes inconsistent with the aims of the Convention and to enhance
further the safety of international civil aviation;

Having noted the general desire of Contracting States to reaffirm the principle of non-use of weapons against civil aircraft
in flight;

1. Decides that it is desirable therefore to amend the Convention on International Civil Aviation done at Chicago on
the seventh day of December 1944,

2. Approves, in accordance with the provision of Article 94(a) of the Convention aforesaid, the following proposed
amendment to the said Convention:

Insert, after Article 3, a new Article 3 bis:

“Article 3 bis

a) The contracting States recognize that every State must refrain from resorting to the use of weapons against
civil aircraft in flight and that, in case of interception, the lives of persons on board and the safety of aircraft
must not be endangered. This provision shall not be interpreted as modifying in any way the rights and
obligations of States set forth in the Charter of the United Nations.

b) The contracting States recognize that every State, in the exercise of its sovereignty, is entitled to require the
landing at some designated airport of a civil aircraft flying above its territory without authority or if there are
reasonable grounds to conclude that it is being used for any purpose inconsistent with the aims of this
Convention; it may also give such aircraft any other instructions to put an end to such violations. For this
purpose, the contracting States may resort to any appropriate means consistent with relevant rules of
international law, including the relevant provisions of this Convention, specifically paragraph (a) of this Article.
Each contracting State agrees to publish its regulations in force regarding the interception of civil aircraft.

c) Every civil aircraft shall comply with an order given in conformity with paragraph (b) of this Article. To this
end each contracting State shall establish all necessary provisions in its national laws or regulations to make
such compliance mandatory for any civil aircraft registered in that State or operated by an operator who has
his principal place of business or permanent residence in that State. Each contracting State shall make any
violation of such applicable laws or regulations punishable by severe penalties and shall submit the case to
its competent authorities in accordance with its laws or regulations.

d) Each contracting State shall take appropriate measures to prohibit the deliberate use of any civil aircraft
registered in that State or operated by an operator who has his principal place of business or permanent
residence in that State for any purpose inconsistent with the aims of this Convention. This provision shall not
affect paragraph (a) or derogate from paragraphs (b) and (c) of this Article.”

3. Specifies, pursuant to the provisions of the said Article 94(a) of the said Convention, one hundred and two as the
number of Contracting States upon whose ratification the proposed amendment aforesaid shall come into force, and

4. Resolves that the Secretary General of the International Civil Aviation Organization draw up a Protocol, in the
English, French, Russian and Spanish languages, each of which shall be of equal authenticity, embodying the proposed
amendment above-mentioned and the matter hereinafter appearing:

a) The Protocol shall be signed by the President of the Assembly and its Secretary General.

b) The Protocol shall be open to ratification by any State which has ratified or adhered to the said Convention
on International Civil Aviation.
I. Constitutional and General Policy Matters I-11

c) The instruments of ratification shall be deposited with the International Civil Aviation Organization.

d) The Protocol shall come into force in respect of the States which have ratified it on the date on which the
one hundred and second instrument of ratification is so deposited.

e) The Secretary General shall immediately notify all Contracting States of the date of deposit of each
ratification of the Protocol.

f) The Secretary General shall notify all States parties to the said Convention of the date on which the Protocol
comes into force.

A25-2: Ratification of Protocol incorporating Article 3 bis into

the Chicago Convention

The Assembly at its 25th Session (Extraordinary)

Having unanimously approved an amendment to the Convention on International Civil Aviation incorporating a new
Article 3 bis into that Convention

Urges all Contracting States to ratify as soon as practicable the Protocol incorporating Article 3 bis into the Convention on
International Civil Aviation and

Requests the Secretary General to bring this resolution to the attention of all Contracting States.

A27-1: Ratification of the Protocol incorporating Article 3 bis

into the Chicago Convention

Whereas the Assembly at its 25th Session (Extraordinary) in 1984 unanimously approved an amendment to the
Convention on International Civil Aviation incorporating a new Article 3 bis into that Convention;

Whereas Assembly Resolutions A25-2 and A26-2, as well as Resolutions of the Council of 14 July and 7 December 1988,
appealed to all States which have not done so to ratify, as soon as possible, the Protocol incorporating the new Article 3
bis into the Convention;

Whereas Assembly Resolution A26-2 noted the slow progress of ratification of the Protocols of Amendment to the Chicago
Convention;

Whereas the new Article 3 bis embodies fundamental principles essential for the safe development of international civil
aviation; and

Whereas it is desirable that the Article come into force as early as possible;
I-12 Assembly Resolutions in Force

The Assembly:

Appeals urgently to all Contracting States which have not yet done so to ratify, as soon as possible, the Protocol
incorporating Article 3 bis into the Chicago Convention.

A25-3: Cooperation among Contracting States to ensure the

safety of international civil aviation and to advance
the aims of the Chicago Convention

The Assembly:

Noting Resolution A25-1 adopted unanimously this day by the Assembly

Recognizing that the safety of international civil aviation requires an acknowledgement by all States of the importance of
the safety and lives of persons on board civil aircraft and is enhanced by effective measures of coordination in respect of
matters relating to air navigation.

Convinced that practical measures of cooperation among Contracting States are indispensable for ensuring the safety of
international civil aviation and advancing the aims of the Chicago Convention.

Conscious of the desirability of improving coordination between military and civil communications systems and air traffic
control agencies so as to enhance the safety of civil aviation during the identification and interception of civil aircraft.

Recognizing the importance of encouraging States to achieve harmonization of procedures for the interception of civil
aircraft when issuing regulations for their state aircraft.

1. Calls upon Contracting States:

a) to cooperate to the fullest extent practicable in reducing the need for the interception of civil aircraft;

b) to cooperate to the fullest extent practicable in improving coordination between military and civil
communications systems and air traffic control agencies so as to enhance the safety of international civil
aviation during the identification and interception of civil aircraft;

c) to seek as far as practicable to harmonize procedures for the interception of civil aircraft when issuing
regulations for their state aircraft;

d) to seek as far as practicable adherence to uniform navigational and flight operational procedures by flight
crew of civil aircraft;

2. Requests the Council to ensure that the work being undertaken within the competent organs, including the Air
Navigation Commission and the Legal Committee, be continued.

A29-19: Legal aspects of the global air-ground

communications

Whereas the Legal Committee, at its 28th Session, considered the subject “legal aspects of global air-ground
communications”;
I. Constitutional and General Policy Matters I-13

Whereas the Legal Committee interpreted Article 30(a) of the Chicago Convention as recognizing the sovereignty of States
in the airspace over their territory and subjecting public correspondence to the regulations of the State overflown;

Whereas the Legal Committee recommended to the Council that it should invite this Assembly to adopt a resolution which
reflects the recommendation of the Legal Committee;

The Assembly resolves:

1. that nothing in Article 30(b) of the Chicago Convention shall be taken to preclude the use by unlicensed persons
of the radio transmitting apparatus installed upon an aircraft where that use is for non-safety-related air-ground radio
transmissions;

2. that all Member States should ensure that such use of such apparatus shall not be prohibited in their air space;
and

3. that such use of such apparatus shall be subject to the conditions set out in the Annex hereto.

ANNEX

Whenever a Member State is the State of Registry (or State of the operator under the terms of Article 83 bis of the
Convention on International Civil Aviation when it enters into force and is applied to a specific case) of an aircraft, the radio
transmitting apparatus on board that aircraft may, while in or over the territory of another Member State, be used for non-
safety air-ground radio transmissions subject to the following conditions:

(i) compliance with the conditions of the licence for the installation and operation of that apparatus issued by
the State of Registry (or State of the operator) of the aircraft;

(ii) any person may use that apparatus for non-safety air-ground radio transmissions provided always that
control of that apparatus shall be by an operator duly licensed by the State of Registry (or State of the
operator) of the aircraft;

(iii) compliance with the requirements of the International Telecommunication Convention and the Radio
Regulations adopted thereunder as amended from time to time, including the applicable radio frequencies,
the avoidance of harmful interference with other services and priority for aeronautical communications
relating to distress, safety and regularity of flight; and

(iv) compliance with any technical and operating conditions set forth in the applicable regulations of the Member
State in or over whose territory the aircraft is operating.

MEMBERSHIP OF ICAO

A1-3: Amendment of the Convention (Article 93 bis)

Whereas the General Assembly of the United Nations has recommended that the Franco Government of Spain be
debarred from membership in specialized agencies established by or brought into relationship with the United Nations and
from participation in conference or other activities which may be arranged by the United Nations or by these agencies until
a new and acceptable government is formed in Spain; and
I-14 Assembly Resolutions in Force

Whereas the General Assembly, in approving the draft agreement between the United Nations and ICAO, made it a
condition of its approval that ICAO comply with any decision of the General Assembly regarding Franco Spain;

Now therefore the Assembly of ICAO, wishing to conform with the recommendation of the General Assembly and to comply
with the condition of the General Assembly to its approval of the draft agreement between the United Nations and ICAO,
hereby approves the following proposed amendment to the Convention on International Civil Aviation, in accordance with
Article 94 of the Convention:

“Article 93 bis

a) Notwithstanding the provisions of Articles 91, 92 and 93 above,

1. A State whose government the General Assembly of the United Nations has recommended be debarred
from membership in international agencies established by or brought into relationship with the United Nations
shall automatically cease to be a member of the International Civil Aviation Organization;

2. A State which has been expelled from membership in the United Nations shall automatically cease to
be a member of the International Civil Aviation Organization unless the General Assembly of the United
Nations attaches to its act of expulsion a recommendation to the contrary.

b) A State which ceases to be a member of the International Civil Aviation Organization as a result of the
provisions of paragraph (a) above may, after approval by the General Assembly of the United Nations, be
re-admitted to the International Civil Aviation Organization upon application and upon approval by a majority
of the Council.

c) Members of the Organization which are suspended from the exercise of the rights and privileges of
membership in the United Nations shall, upon the request of the latter, be suspended from the rights and
privileges of membership in this Organization.”

A1-9: Consideration of applications for membership in ICAO

Whereas universal membership in the International Civil Aviation Organization is desirable to achieve its maximum
usefulness in promoting safety in the air and the efficient and orderly development of air transport; and

Whereas it is desirable to expedite consideration of applications for membership; and

Whereas Articles 92(a) and 93 of the Convention contain provisions concerning applications for membership from certain
States; and

Whereas since the Convention was signed in December, 1944, the United Nations has been formed; and

Whereas the relationship agreement between this Organization and the United Nations has been approved at this
Assembly and this agreement provides for the immediate transmission by the Organization to the United Nations of
applications for membership by States other than those provided for in Article 92(a) of the Convention; and

Whereas applications for membership in this Organization may be received, while the Assembly is not in session, from a
State other than those provided for in Article 92(a) of the Convention;
I. Constitutional and General Policy Matters I-15

Now therefore the Assembly resolves:

That, should any application for membership in this Organization be received, while the Assembly is not in session, from
a State other than those provided for in Article 92(a) of the Convention, the Council may, in accordance with Article 93 of
the Convention and pending submission of the application to the next Assembly in accordance with that Article, consult
with the State or States invaded or attacked during the war of 1939-1945 by the State seeking admission.

THE ORGANIZATION AND ITS BODIES

A13-1: Amendment to Article 50(a) of the Convention

increasing the membership of the Council to
twenty-seven

The Assembly,

Having met in its Thirteenth (Extraordinary) Session, at Montreal, on the nineteenth day of June 1961,

Having noted that it is the general desire of Contracting States to enlarge the membership of the Council,

Having considered it proper to provide for six additional seats in the Council and, accordingly, to increase the membership
from twenty-one to twenty-seven, and

Having considered it necessary to amend, for the purpose aforesaid, the Convention on International Civil Aviation done
at Chicago on the seventh day of December 1944,

1. Approves, in accordance with the provisions of Article 94(a) of the Convention aforesaid, the following proposed
amendment to the said Convention:

“In article 50(a) of the Convention the expression ‘twenty-one’ shall be deleted and substituted by
‘twenty-seven’.”

2. Specifies, pursuant to the provisions of the said Article 94(a) of the said Convention, fifty-six as the number of
Contracting States upon whose ratification the proposed amendment aforesaid shall come into force, and

3. Resolves that the Secretary General of the International Civil Aviation Organization draw up a protocol, in the
English, French and Spanish languages, each of which shall be of equal authenticity, embodying the proposed amendment
above-mentioned and the matter hereinafter appearing:

a) The protocol shall be signed by the President of the Assembly and its Secretary General.

b) The protocol shall be open to ratification by any State which has ratified or adhered to the said Convention
on International Civil Aviation.

c) The instruments of ratification shall be deposited with the International Civil Aviation Organization.

d) The protocol shall come into force in respect of the States which have ratified it on the date on which the
fifty-sixth instrument of ratification is so deposited.
I-16 Assembly Resolutions in Force

e) The Secretary General shall immediately notify all Contracting States of the date of deposit of each
ratification of the protocol.

f) The Secretary General shall immediately notify all States parties or signatories to the said Convention of the
date on which the protocol comes into force.

g) With respect to any Contracting State ratifying the protocol after the date aforesaid, the protocol shall come
into force upon deposit of its instrument of ratification with the International Civil Aviation Organization.

A17A-1: Amendment to Article 50(a) of the Convention

increasing the membership of the Council to thirty

The Assembly,

Having met in Extraordinary Session, at New York, on the eleventh day of March 1971,

Having noted that it is the general desire of Contracting States to enlarge the membership of the Council,

Having considered it proper to provide for three additional seats in the Council and, accordingly, to increase the
membership from twenty-seven to thirty, and

Having considered it necessary to amend, for the purpose aforesaid, the Convention on International Civil Aviation done
at Chicago on the seventh day of December 1944,

1. Approves, in accordance with the provisions of Article 94(a) of the Convention aforesaid, the following proposed
amendment to the said Convention:

‘‘In Article 50(a) of the Convention the second sentence shall be deleted and substituted by ‘It shall be
composed of thirty contracting States elected by the Assembly’.”

2. Specifies, pursuant to the provisions of the said Article 94(a) of the said Convention, eighty as the number of
Contracting States upon whose ratification the proposed amendment aforesaid shall come into force, and

a) The protocol shall be signed by the President of the Assembly and its Secretary General.

b) The protocol shall be open to ratification by any State which has ratified or adhered to the said Convention
on International Civil Aviation.

c) The instruments of ratification shall be deposited with the International Civil Aviation Organization.

d) The protocol shall come into force in respect of the States which have ratified it on the date on which the
eightieth instrument of ratification is so deposited.

e) The Secretary General shall immediately notify all Contracting States of the date of deposit of each
ratification of the protocol.
I. Constitutional and General Policy Matters I-17

f) The Secretary General shall immediately notify all States parties to the said Convention of the date on which
the protocol comes into force.

A21-2: Amendment to Article 50(a) of the Convention

increasing the membership of the Council to
thirty-three

The Assembly,

Having met in its Twenty-first Session, at Montreal on 14 October 1974,

Having noted that it is the general desire of Contracting States to enlarge the membership of the Council,

Having considered it proper to provide for three additional seats in the Council, and accordingly to increase the
membership from thirty to thirty-three, in order to permit an increase in the representation of States elected in the second,
and particularly the third, part of the election, and

Having considered it necessary to amend, for the purpose aforesaid, the Convention on International Civil Aviation done
at Chicago on the seventh day of December 1944,

1. Approves, in accordance with the provisions of Article 94(a) of the Convention aforesaid, the following proposed
amendment to the said Convention:

“In Article 50(a) of the Convention the second sentence shall be amended by replacing ‘thirty’ by ‘thirty-
three’.”

2. Specifies, pursuant to the provisions of the said Article 94(a) of the said Convention, eighty-six as the number of
Contracting States upon whose ratification the proposed amendment aforesaid shall come into force, and

a) The protocol shall be signed by the President of the Assembly and its Secretary General.

b) The protocol shall be open to ratification by any State which has ratified or adhered to the said Convention
on International Civil Aviation.

c) The instruments of ratification shall be deposited with the International Civil Aviation Organization.

d) The protocol shall come into force in respect of the States which have ratified it on the date on which the
86th instrument of ratification is so deposited.

e) The Secretary General shall immediately notify all Contracting States of the date of deposit of each
ratification of the protocol.
I-18 Assembly Resolutions in Force

f) The Secretary General shall immediately notify all States parties to the said Convention of the date on which
the protocol comes into force.

A28-1: Amendment to Article 50(a) of the Convention on

International Civil Aviation

Having met in its Twenty-eighth Session (Extraordinary) at Montreal on 25 October 1990;

Having noted that it is the desire of a large number of Contracting States to enlarge the membership of the Council in
order to ensure better balance by means of an increased representation of Contracting States;

Having considered it appropriate to increase the membership of that body from thirty-three to thirty-six;

Having considered it necessary to amend, for the purpose aforesaid, the Convention on International Civil Aviation done
at Chicago on the seventh day of December 1944;

The Assembly:

1. Approves, in accordance with the provisions of Article 94(a) of the Convention aforesaid, the following proposed
amendment to the said Convention:

“In Article 50(a) of the Convention the second sentence shall be amended by replacing ‘thirty-three’ by
‘thirty-six’.”

2. Specifies, pursuant to the provisions of the said Article 94(a) of the said Convention, one hundred and eight as
the number of Contracting States upon whose ratification the proposed amendment aforesaid shall come into force;

3. Resolves that the Secretary General of the International Civil Aviation Organization draw up a Protocol, in the
English, French, Russian and Spanish languages, each of which will be of equal authenticity, embodying the amendment
above-mentioned and the matter hereinafter appearing:

a) The Protocol shall be signed by the President of the Assembly and its Secretary General.

b) The Protocol shall be open to ratification by any State which has ratified or adhered to the said Convention
on International Civil Aviation.

c) The instruments of ratification shall be deposited with the International Civil Aviation Organization.

d) The Protocol shall come into force in respect of the States which have ratified it on the date on which the
one hundred and eighth instrument of ratification is so deposited.

e) The Secretary General shall immediately notify all Contracting States of the date of deposit of each
ratification of the Protocol.
I. Constitutional and General Policy Matters I-19

f) The Secretary General shall immediately notify all States parties to the said Convention of the date on which
the Protocol comes into force.

A28-2: Ratification of the Protocol amending Article 50(a) of

the Convention on International Civil Aviation

Whereas the Assembly at its Twenty-eighth Session (Extraordinary) has decided to amend Article 50(a) of the Convention to
provide for an increase in the membership of the Council; and

Whereas the Assembly is of the opinion that it is highly desirable that the aforesaid amendment should come into force as
soon as possible;

The Assembly:

1. Recommends to all Contracting States that they ratify urgently the Amendment to Article 50(a) of the Convention;
and

2. Directs the Secretary General to bring this Resolution to the attention of Contracting States as soon as possible.

A39-4: Amendment to Article 50 (a) of the Convention on

International Civil Aviation

Having met, in its Thirty-ninth session, at Montréal on 1 October 2016;

Having noted that it is the general desire of Contracting States to enlarge the membership of the Council;

Having considered it proper to provide for four additional seats in the Council and, accordingly, to increase the membership
from thirty-six to forty; and

Having considered it necessary to amend, for the purpose aforesaid, the Convention on International Civil Aviation done
at Chicago on the seventh day of December 1944;

The Assembly:

1. Approves, in accordance with the provisions of Article 94 (a) of the Convention aforesaid, the following proposed
amendment to the said Convention:

In Article 50 (a) of the Convention the second sentence shall be amended by replacing “thirty-six” by “forty”;

2. Specifies, pursuant to the provisions of the said Article 94 (a) of the said Convention, one-hundred and twenty-
eight as the number of Contracting States upon whose ratification the proposed amendment aforesaid shall come into
force; and
I-20 Assembly Resolutions in Force

3. Resolves that the Secretary General of the International Civil Aviation Organization draw up a Protocol, in the
Arabic, Chinese, English, French, Russian and Spanish languages, each of which shall be of equal authenticity,
embodying the proposed amendment above-mentioned and the matter hereinafter appearing:

a) the Protocol shall be signed by the President of the Assembly and its Secretary General;

b) the Protocol shall be open to ratification by any State which has ratified or adhered to the said Convention
on International Civil Aviation;

c) the instruments of ratification shall be deposited with the International Civil Aviation Organization;

d) the Protocol shall come into force in respect of the States which have ratified it on the date on which the one-
hundred and twenty-eighth instrument of ratification is so deposited;

e) the Secretary General shall immediately notify all Contracting States to the said Convention of the date of
deposit of each ratification of the Protocol;

f) the Secretary General shall immediately notify all Contracting States to the said Convention of the date on
which the Protocol comes into force; and

g) with respect to any Contracting State ratifying the Protocol after the date aforesaid, the Protocol shall come
into force upon deposit of its instrument of ratification with the International Civil Aviation Organization.

A39-5: Ratification of the Protocol amending Article 50 (a) of

the Convention on International Civil Aviation

Whereas the Assembly has decided to amend Article 50 (a) of the Convention to provide for an increase in the size of the
Council; and

Whereas the Assembly is of the opinion that it is highly desirable that the aforesaid amendment should come into force as
soon as possible;

The Assembly:

1. Recommends to all Contracting States that they ratify most urgently the amendment to Article 50 (a) of the
Convention; and

2. Directs the Secretary General to bring this resolution to the attention of Contracting States as soon as possible.

A4-1: Obligations of Council Member States

Whereas the Contracting States elected to the Council in 1947 accepted the responsibility of participating fully in the work
of the Organization; and

Whereas some of the States so elected found it impossible to meet this responsibility as expected at the time of the
election, and failed to take the expected part in the Council’s work; and
I. Constitutional and General Policy Matters I-21

Whereas notwithstanding these difficulties it is accepted that election to the Council involves an inherent obligation on the
part of Contracting States so elected to participate fully in the work of the Organization;

Now therefore this Assembly resolves:

1. That a Contracting State giving notice, in accordance with Rule 45 ∗ of the Rules of Procedure for this Assembly,
of its desire to stand for election to the Council, is understood to have indicated its intention, if elected, to appoint and
support full time representation at the Headquarters of the Organization to ensure the participation of Council Member
States in the work of the Organization; and

2. That the Council be directed to report to each session of the Assembly any case of a Council Member State
having failed to discharge, since the previous session, its responsibilities as set out in the foregoing paragraph.

A18-2: Amendment to Article 56 of the Convention increasing

the membership of the Air Navigation Commission to
fifteen

The Assembly,

Having met in its Eighteenth Session at Vienna,

Having noted that it is the general desire of Contracting States to enlarge the membership of the Air Navigation
Commission,

Having considered it proper to increase the membership of that body from twelve to fifteen, and

Having considered it necessary to amend, for the purpose aforesaid, the Convention on International Civil Aviation done
at Chicago on the seventh day of December 1944,

1. Approves, in accordance with the provisions of Article 94(a) of the Convention aforesaid, the following proposed
amendment to the said Convention:

“In Article 56 of the Convention the expression ‘twelve members’ shall be replaced by ‘fifteen members’.”

2. Specifies, pursuant to the provisions of the said Article 94(a) of the said Convention, eighty as the number of
Contracting States upon whose ratification the aforesaid amendment shall come into force; and

3. Resolves that the Secretary General of the International Civil Aviation Organization shall draw up a protocol, in the
English, French and Spanish languages, each of which shall be of equal authenticity, embodying the amendment above-
mentioned and the matters hereinafter appearing:

a) the protocol shall be signed by the President of the Assembly and its Secretary General;

b) the protocol shall be open to ratification by any State which has ratified or adhered to the said Convention
on International Civil Aviation;

∗ Now Rule 55.

I-22 Assembly Resolutions in Force

c) the instruments of ratification shall be deposited with the International Civil Aviation Organization;

d) the protocol shall come into force in respect of the States that have ratified it on the date on which the
eightieth instrument of ratification is deposited;

e) the Secretary General shall immediately notify all Contracting States of the date of deposit of each ratification
of the protocol;

f) the Secretary General shall immediately notify all States parties to the said Convention of the date on which
the protocol comes into force;

g) with respect to any Contracting State ratifying the protocol after the date aforesaid, the protocol shall come
into force upon deposit of its instrument of ratification with the International Civil Aviation Organization.

A38-13: Composition of the Air Navigation Commission and

participation in its work

Whereas Article 56 of the Convention provides that the Air Navigation Commission shall be composed of nineteen
members appointed by the Council from among persons nominated by Member States, but does not make any distinction
of nationality nor specify whether such nominations should be made by Council-Member or non-Council-Member States;

Whereas it is essential that those members are not only professionally qualified but also able to devote their full time to
the discharge of their responsibilities;

Whereas the Assembly desires that provision should be made for the fullest possible participation by all interested Member
States in the work of the Air Navigation Commission; and

Whereas the above objectives can be achieved, consistently with the requirements of the Convention, by the establishment
of appropriate procedures by the Council;

The Assembly:

1. Resolves that the Council be directed to endeavour, each time that new appointments to the Air Navigation
Commission are to be made, to secure from all Member States nominations from which the nineteen members of the
Commission may be selected;

2. Urges all Member States, particularly those not represented on the Council, to make further efforts to nominate
candidates for membership in the Commission;

3. Recommends that the Council not appoint more than one nominee from any one Member State and that it take
full account of the fact that it is desirable for every region of the world to be represented;

4. Recommends that the Council take steps to provide for and encourage the fullest possible participation by every
Member State in the work of the Commission; and

5. Declares that this resolution supersedes Resolution A22-4.

I. Constitutional and General Policy Matters I-23

A27-2: Amendment to Article 56 of the Convention on

International Civil Aviation

The Assembly:

Having noted that it is the general desire of Contracting States to enlarge the membership of the Air Navigation
Commission,

Having considered it proper to increase the membership of that body from fifteen to nineteen, and

Having considered it necessary to amend, for the purpose aforesaid, the Convention on International Civil Aviation done
at Chicago on the seventh day of December 1944,

1. Approves, in accordance with the provisions of Article 94(a) of the Convention aforesaid, the following proposed
amendment to the said Convention:

“In Article 56 of the Convention the expression fifteen members shall be replaced by nineteen members;”

2. Specifies, pursuant to the provisions of the said Article 94(a) of the said Convention, 108 as the number of
Contracting States upon whose ratification the aforesaid amendment shall come into force; and

3. Resolves that the Secretary General of the International Civil Aviation Organization shall draw up a protocol, in
the English, French, Russian and Spanish languages, each of which shall be of equal authenticity, embodying the
amendment above-mentioned and the matters hereinafter appearing:

a) the protocol shall be signed by the President of the Assembly and its Secretary General;

b) the protocol shall be open to ratification by any State which has ratified or adhered to the said Convention
on International Civil Aviation;

c) the instruments of ratification shall be deposited with the International Civil Aviation Organization;

d) the protocol shall come into force in respect of the States that have ratified it on the date on which the 108th
instrument of ratification is deposited;

e) the Secretary General shall immediately notify all Contracting States of the date of deposit of each ratification
of the protocol;

f) the Secretary General shall immediately notify all States parties to the said Convention of the date on which
the protocol comes into force;

A39-6: Amendment to Article 56 of the Convention on

International Civil Aviation

Having met, in its Thirty-ninth session, at Montréal on 1 October 2016;

Having noted that it is the general desire of Contracting States to enlarge the membership of the Air Navigation
Commission;

Having considered it proper to increase the membership of that body from nineteen to twenty-one; and

Having considered it necessary to amend, for the purpose aforesaid, the Convention on International Civil Aviation done
at Chicago on the seventh day of December 1944;

The Assembly:

1. Approves, in accordance with the provisions of Article 94 (a) of the Convention aforesaid, the following proposed
amendment to the said Convention:

“In Article 56 of the Convention the expression ‘nineteen members’ shall be replaced by ‘twenty-one members’”;

2. Specifies, pursuant to the provisions of the said Article 94 (a) of the said Convention, one-hundred and
twenty-eight as the number of Contracting States upon whose ratification the aforesaid amendment shall come into force;
and

3. Resolves that the Secretary General of the International Civil Aviation Organization shall draw up a protocol, in
the Arabic, Chinese, English, French, Russian and Spanish languages, each of which shall be of equal authenticity,
embodying the amendment above-mentioned and the matters hereinafter appearing:

a) the Protocol shall be signed by the President of the Assembly and its Secretary General;

b) the Protocol shall be open to ratification by any State which has ratified or adhered to the said Convention
on International Civil Aviation;

c) the instruments of ratification shall be deposited with the International Civil Aviation Organization;

d) the Protocol shall come into force in respect of the States that have ratified it on the date on which the
one-hundred and twenty-eighth instrument of ratification is deposited;

e) the Secretary General shall immediately notify all Contracting States to the said Convention of the date of
deposit of each ratification of the Protocol;

f) the Secretary General shall immediately notify all Contracting States to the said Convention of the date on
which the Protocol comes into force; and

A39-7: Ratification of the Protocol amending Article 56 of the

Convention on International Civil Aviation

Whereas the Assembly has decided to amend Article 56 of the Convention on International Civil Aviation to provide
for an increase in the size of the ANC; and

Whereas the Assembly is of the opinion that it is highly desirable that the aforesaid amendment should come into
force as soon as possible;

The Assembly:

1. Recommends to all Contracting States that they ratify most urgently the amendment to Article 56 of the
Convention on International Civil Aviation; and

2. Directs the Secretary General to bring this resolution to the attention of Contracting States as soon as
possible.

A7-5: Revised Constitution of the Legal Committee

The Assembly resolves:

That the Constitution of the Legal Committee as set out below be hereby approved and replace the Constitution approved
by the Assembly at its First Session (Resolution A1-46).

Legal Committee — Constitution

“1. The Legal Committee (hereinafter called ‘‘the Committee’’) shall be a permanent Committee of the
Organization, constituted by the Assembly and responsible to the Council except as otherwise specified herein.

2. The duties and functions of the Committee shall be:

a) to advise the Council on matters relating to the interpretation and amendment of the Convention on
International Civil Aviation, referred to it by the Council;

b) to study and make recommendations on such other matters relating to public international air law as may be
referred to it by the Council or the Assembly;

c) by direction of the Assembly or the Council, or on the initiative of the Committee and subject to the prior
approval of the Council, to study problems relating to private air law affecting international civil aviation, to
prepare drafts of international air law conventions and to submit reports and recommendations thereon;

d) to make recommendations to the Council as to the representation at sessions of the Committee of non-
contracting States and other international organizations, as to the coordination of the work of the Committee
with that of other representative bodies of the Organization and of the Secretariat and also as to such other
matters as will be conducive to the effective work of the Organization.
I-26 Assembly Resolutions in Force

3. The Committee shall be composed of legal experts designated as representatives of and by Contracting
States, and shall be open to participation by all Contracting States.

4. Each Contracting State represented in meetings of the Committee shall have one vote.

5. The Committee shall determine, subject to the approval of the Council, the general work programme of the
Committee and the provisional agenda of each session, provided that the Committee may, during a session,
modify the provisional agenda for the better conduct of its work consistently with the provisions of this
Constitution. Sessions of the Committee shall be convened at such places and times as may be directed or
approved by the Council.

6. The Committee shall adopt rules of procedure. Such rules, and any amendment thereof which affects the
relationship of the Committee with other bodies of the Organization or with States or other organizations, shall
be subject to approval by the Council.

7. The Committee shall elect its own officers.

8. The Committee may appoint Subcommittees either to meet concurrently with the Committee or, subject to
the approval of the Council, at other times and places as it may deem fit.”

A41-5: 75th Anniversary of the ICAO Legal Committee

Whereas the year 2022 marks the 75th Anniversary of the establishment of the Legal Committee of the International Civil
Aviation Organization (ICAO) by the First Session of the ICAO Assembly held in 1947;

Recalling that the ICAO Legal Committee was established on the foundation of the Comité International Technique
d’Experts Juridiques Aériens (CITEJA);

Noting that since its inception the ICAO Legal Committee has prepared draft instruments which led to the adoption of 24
international air law treaties in the areas of air carrier and aircraft liability, aircraft finance and aviation safety and security;

Noting also that the ICAO Legal Committee was involved in the preparation of studies on specific issues pertaining to
international air law as well as in the development of guidance material benefiting ICAO Member States and international
organizations in their implementation of air law treaties and Standards and Recommended Practices (SARPs);

Recognizing the significant contribution that the ICAO Legal Committee has, with the strong support of the ICAO
Secretariat, in particular, the Legal Affairs and External Relations Bureau (LEB), made to the development and codification
of international air law;

Recognizing further that only a universal participation in the international air law treaties would secure and enhance the
benefits of unification of the international rules which they embody; and

Determined to ensure that the ICAO Legal Committee will continue to play an important role in dealing with ongoing
challenges that are of interest to the international air law community;

The Assembly, on the occasion of the 75th Anniversary of the establishment of the ICAO Legal Committee:

1. Pays tribute to the leadership and vision of CITEJA which drafted the first body of international air law
treaties;
I. Constitutional and General Policy Matters I-27

2. Emphasizes the essential role that the ICAO Legal Committee has played in the development and
codification of international air law since its inception in 1947;

3. Recognizes the numerous contributors to the work of the ICAO Legal Committee including representatives
of ICAO Member States who have served as its chairpersons and vice-chairpersons and in its subcommittees and working
groups and the Secretariat study groups and task forces as chairpersons, vice-chairpersons, rapporteurs or members as
well as representatives of international observer organizations accredited by the ICAO Legal Committee and the Legal
Affairs and External Relations Bureau for its supporting role;

4. Reiterates the need for the ICAO Legal Committee to continue to take a leadership role to study new and
emerging issues affecting air law and promote the development and codification of international air law, and thereby
strengthen the legal framework governing international civil aviation;

5. Urges all Member States of ICAO to promote the universal participation in the international air law treaties
and effective compliance with their provisions with a view to enhance the rule of law; and

6. Invites all stakeholders, including Member States and relevant organizations of the global civil aviation
community, to continue working together through the ICAO Legal Committee with a view to contribute to the development
and codification of international air law for the benefit of all nations and peoples of the world.

A8-1: Amendments to Articles 48(a), 49(e) and 61 of the

Convention (Frequency of Assembly Sessions)

Whereas Article 48(a) of the Convention on International Civil Aviation, signed at Chicago on 7 December 1944, provides
that the Assembly shall meet annually; and

Whereas it is desirable that the Organization should be in a position to arrange its programme of Assembly sessions at
less frequent intervals than annually if such action appears desirable; and

Whereas it is necessary to amend the said Convention for the purpose above-mentioned; and

Whereas under Article 94(a) of the said Convention any proposed amendment, upon approval by a two-thirds vote of the
Assembly, shall come into force in respect of States which have ratified such amendment when ratified by the number of
Contracting States specified by the Assembly, and the number so specified shall not be less than two-thirds of the total
number of Contracting States;

Now therefore the Assembly, pursuant to Article 94(a) of the said Convention, approves the following proposed
amendments to the said Convention:

1. In Article 48(a), substitute for the word “annually” the expression “not less than once in three years”;

2. In Article 49(e), substitute for the expression “an annual budget” the expression “annual budgets”; and

3. In Article 61, substitute for the expressions “an annual budget” and “vote the budget” the expressions “annual
budgets” and “vote the budgets”;

Specifies forty-two as the number of Contracting States upon whose ratification the proposed amendments aforesaid shall
come into force;
I-28 Assembly Resolutions in Force

Resolves:

1. That the Secretary General of the International Civil Aviation Organization draw up a protocol embodying the
amendments above-mentioned in the English, French and Spanish languages, each of which shall be of equal authenticity;

2. That the protocol shall be signed by the President of this Assembly and its Secretary General;

3. That the protocol shall be open to ratification by any State which has ratified or adhered to the said Convention;

4. That certified copies of the protocol shall be transmitted to all States parties or signatories to the said Convention;

5. That the instruments of ratification shall be deposited with the International Civil Aviation Organization;

6. That the protocol shall come into force among the States which have ratified it on the date on which the
forty-second instrument of ratification is so deposited;

7. That the Secretary General shall immediately notify all Contracting States of each ratification of the protocol;

8. That the Secretary General shall immediately notify all States parties or signatories to the said Convention of the
date on which the protocol comes into force;

9. That with respect to any Contracting State ratifying the protocol after the date aforesaid, the protocol shall come
into force upon deposit of its instrument of ratification with the International Civil Aviation Organization;

Recommends that all Contracting States take urgent action for ratification of the amendments aforesaid.

A14-5: Protocol relating to the amendment of Article 48(a) of

the Convention on International Civil Aviation

The Assembly of the International Civil Aviation Organization,

Having met in its Fourteenth Session, at Rome, on the twenty-first day of August, 1962;

Having noted that it is the general desire of Contracting States that the minimum number of Contracting States which may
request the holding of an extraordinary meeting of the Assembly should be increased from the present figure of ten;

Having considered it proper to increase the said number to one-fifth of the total number of Contracting States;

And having considered it necessary to amend for the purpose aforesaid the Convention on International Civil Aviation
done at Chicago on the seventh day of December 1944,

Approved, on the fourteenth day of September of the year one thousand nine hundred and sixty-two, in accordance with
the provisions of Article 94(a) of the Convention aforesaid, the following proposed amendment to the said Convention:

“In Article 48(a) of the Convention, the second sentence be deleted and substituted by ‘An extraordinary
meeting of the Assembly may be held at any time upon the call of the Council or at the request of not
less than one-fifth of the total number of contracting States addressed to the Secretary General’.”

Specified, pursuant to the provisions of the said Article 94(a) of the said Convention, sixty-six as the number of Contracting
States upon whose ratification the proposed amendment aforesaid shall come into force; and
I. Constitutional and General Policy Matters I-29

Resolved that the Secretary General of the International Civil Aviation Organization draw up a protocol, in the English,
French and Spanish languages, each of which shall be of equal authenticity, embodying the proposed amendment above-
mentioned and the matter hereinafter appearing.

Consequently, pursuant to the aforesaid action of the Assembly,

This protocol has been drawn up by the Secretary General of the Organization;

This protocol shall be open to ratification by any State which has ratified or adhered to the said Convention on International
Civil Aviation;

The instruments of ratification shall be deposited with the International Civil Aviation Organization;

This protocol shall come into force in respect of the States which have ratified it on the date on which the sixty-sixth
instrument of ratification is so deposited;

The Secretary General shall immediately notify all Contracting States of the date of deposit of each ratification of this
protocol;

The Secretary General shall immediately notify all States parties or signatories to the said Convention of the date on which
this protocol comes into force;

With respect to any Contracting State ratifying this protocol after the date aforesaid, the protocol shall come into force
upon deposit of its instrument of ratification with the International Civil Aviation Organization.

In faith whereof, the President and the Secretary General of the Fourteenth Session of the Assembly of the International
Civil Aviation Organization, being authorized thereto by the Assembly, sign this protocol.

Done at Rome on the fifteenth day of September of the year one thousand nine hundred and sixty-two in a single document
in the English, French and Spanish languages, each of which shall be of equal authenticity. This protocol shall remain
deposited in the archives of the International Civil Aviation Organization; and certified copies thereof shall be transmitted
by the Secretary General of the Organization to all States parties or signatories to the Convention on International Civil
Aviation aforementioned.

STANDING RULES OF PROCEDURE OF THE ASSEMBLY

— Resolutions A6-12, A12-4 and A14-1

— Decisions by the 12th, 16th, 18th, 21st, 22nd, 25th and 36th Sessions of the Assembly (see Reports of the
Executive Committee of each of the sessions)

Note.— The text of these Rules of Procedure and amendments thereto has not been reproduced in this
publication. The current version of the Standing Rules of Procedure of the Assembly appears in Doc 7600.
I-30 Assembly Resolutions in Force

A22 Decision: Russian text of the Standing Rules of

Procedure of the Assembly

(see Doc 9210 A22-EX, page 37, paragraph 13:1)

A25 Decision: Arabic text of the Standing Rules of Procedure

of the Assembly

(see Doc 9437 A25-Res., P-Min., page 22, paragraph 9)

A16-13: Frequency and site of ordinary sessions of the

Assembly

Whereas the Assembly has reviewed Resolutions A4-6 (second sentence of Resolving Clause 4) and A14-4 and has
decided that, pursuant to A15-2, they should be consolidated and then cancelled;

The Assembly resolves that the triennial arrangement of ordinary sessions of the Assembly should be regarded as the
normal practice of the Organization, with the understanding that intervening ordinary sessions might be convened by
decision of the Assembly or Council. The Council should give careful consideration to suggestions or invitations of
Contracting States to hold triennial ordinary sessions of the Assembly away from the Headquarters of the Organization,
taking into account the benefits to be derived by the Organization and the Contracting States, the nature of offers to defray
all or a portion of the additional expense to the Organization, and all pertinent considerations.

A22 Decision: Feasibility of establishing a system of rotation

of sites for the ordinary sessions of the
Assembly in the various ICAO regions

(see Doc 9210 A22-EX, page 12, paragraph 7:11)

A1-23: Authorization to the Council to act as an arbitral body

Whereas the Interim Agreement on International Civil Aviation provides, under Article III, Section 6(8), that one of the
functions of the Council shall be:

“When expressly requested by all the parties concerned, act as an arbitral body on any differences
arising among Member States relating to International civil aviation matters which may be submitted to
it. The Council may render an advisory report or, if the parties concerned so expressly decide, they may
obligate themselves in advance to accept the decision of the Council. The procedure to govern the
arbitral proceedings shall be determined in agreement between the Council and all the interested
parties”.
I. Constitutional and General Policy Matters I-31

Whereas the Convention on International Civil Aviation contains no such provision and the competence of the Council of
the Organization in the settlement of disputes, as accorded to it by Article 84 of the Convention, is limited to decisions on
disagreements relating to the interpretation or application of the Convention and its Annexes;

Now therefore the First Assembly resolves:

1. That pending further discussion and ultimate decision by the Organization as to the methods of dealing with
international disputes in the field of civil aviation, the Council be authorized to act as an arbitral body on any differences
arising among Contracting States relating to international civil aviation matters submitted to it, when expressly requested
to do so by all parties to such differences; and

2. That the Council, on such occasions, be authorized to render an advisory report, or a decision binding upon the
parties, if the parties expressly decide to obligate themselves in advance to accept the decision of the Council as binding;
and

3. That the procedure to govern the arbitral procedures shall be determined in agreement between the Council and
all the interested parties.

A5-3: Delegation of authority to the Council to extend

invitations to non-contracting States and International
Organizations to participate in future sessions of the
Assembly

The Fifth Session of the Assembly resolves:

That the authority to extend invitations to non-contracting States and public and private international organizations to attend
future sessions of the Assembly is hereby delegated to the Council, which, in its discretion, may re-delegate the authority.

A8-4: Amendment to Article 45 (Permanent seat of the

Organization)

Whereas Article 45 of the Convention on International Civil Aviation, signed at Chicago on 7 December 1944, provides
that the permanent seat of the Organization shall be at such place as shall be determined at the final meeting of the Interim
Assembly of the Provisional International Civil Aviation Organization;

Whereas, accordingly, the said Interim Assembly, on the sixth day of June 1946, took a decision in the matter which, in
effect, determined that the permanent seat shall be at Montreal;

Whereas the Assembly is of the opinion that circumstance may arise under which it would be desirable to transfer,
otherwise than temporarily, the permanent seat of the Organization elsewhere; and

Whereas such transfer cannot be effected without amendment of the Convention;

The Assembly considering that the Convention should be amended to ensure that in the event of such a transfer of the
permanent seat becoming necessary the same may be effected without undue delay;
I-32 Assembly Resolutions in Force

Therefore approves the following proposed amendment to the said Convention: — At the end of Article 45 of the
Convention the full stop be substituted by a comma, and the following be added, namely “and otherwise than temporarily
by decision of the Assembly, such decision to be taken by the number of votes specified by the Assembly. The number of
votes so specified will not be less than three-fifths of the total number of contracting States.”

Specifies forty-two as the number of Contracting States upon whose ratification the proposed amendment aforesaid shall
come into force;

Resolves:

1. That the Secretary General of the International Civil Aviation Organization draw up a protocol embodying the
amendment above-mentioned in the English, French and Spanish languages, each of which shall be of equal authenticity;

2. That the protocol shall be signed by the President of this Assembly and its Secretary General;

3. That the protocol shall be open to ratification by any State which has ratified or adhered to the said Convention
on International Civil Aviation;

4. That certified copies of the protocol shall be transmitted to all States parties or signatories to the said Convention;

5. That the instruments of ratification shall be deposited with the International Civil Aviation Organization;

6. That the protocol shall come into force among the States which have ratified it on the date on which the forty-
second instrument of ratification is so deposited;

7. That the Secretary General shall immediately notify all Contracting States of each ratification of the protocol;

8. That the Secretary General shall immediately notify all States parties or signatories to the said Convention of the
date on which the protocol comes into force;

Recommends that all Contracting States take urgent action for ratification of the amendment aforesaid.

A8-5: Consideration of proposals to move the permanent

seat

Whereas an amendment to Article 45 of the Convention has been adopted by this session of the Assembly pursuant to
which, after it has been duly ratified, it will be possible to move the permanent seat of the Organization on a decision to
be taken by the Assembly, such decision to be taken by the number of votes specified by the Assembly. The number of
votes so specified will not be less than three-fifths of the total number of Contracting States; and

Whereas it is deemed to be of the greatest importance that all the Contracting States should have full opportunity to give
adequate consideration to any proposal to move the seat of the Organization;
I. Constitutional and General Policy Matters I-33

The Assembly resolves:

that no proposal to move the permanent seat of the Organization should be considered by any future session of the
Assembly unless notice thereof, with all pertinent documentation, has been despatched to all the Contracting States at
least one hundred and twenty days prior to the convening of such session of the Assembly.

A41-23: Increasing the efficiency and effectiveness of ICAO

Whereas ICAO has effectively and efficiently fulfilled its functions in accordance with Part II of the Convention on
International Civil Aviation (the Chicago Convention);

Whereas the fundamental objectives of the Organization expressed in Article 44 of the Chicago Convention and the
functions of the Council expressed in Articles 54 and 55 remain paramount;

Whereas the Organization is facing new and rapidly evolving challenges of a technological, economic, environmental,
social and legal nature;

Whereas there is a need for the Organization to respond efficiently and effectively to these challenges;

Whereas ICAO needs to recruit, cultivate, and retain a highly-qualified, flexible, motivated, and high-performing workforce
to address traditional and emerging issues and meet States’ changing needs;

Whereas ICAO needs innovative new partnerships with stakeholders who can apply complementary information,
expertise, viewpoints, and resources toward ICAO’s strategic objectives;

Whereas ICAO’s organizational performance and ability to access additional funding from public and private sources are
key factors affecting its delivery of programmes, training, capacity building, and assistance to States; and

Whereas States, stakeholders, and funding organizations require timely, accurate, and comprehensive information about
ICAO’s activities, policies, and performance;

The Assembly:

1. Expresses appreciation to the Council and the Secretary General for the progress made in developing the ICAO
2023-2025 Business Plan following results-based management principles and on the efforts undertaken to improve the
performance monitoring and reporting framework;

2. Endorses the decisions already made by the Council to develop a Business Plan on a triennial basis, to continue
its efforts to transition ICAO towards a results-based management (RBM) Organization and to establish an oversight
mechanism which includes an annual review of progress;
I-34 Assembly Resolutions in Force

3. Directs the Council and the Secretary General, within their respective competencies, to:

a) develop a robust accountability framework, as well as its implementation and oversight mechanisms, taking
into consideration the necessity to ensure consistency between the various elements constitutive of an
accountability system, including strategic framework and performance management, internal controls, ethical
standards and integrity, and oversight functions;

b) prepare a Business Plan once every triennium in association with a systematic planning process and an RBM
approach which improves effectiveness, transparency and accountability and which drives the development
of the Regular Programme Budget;

c) develop a review process of the Business Plan to take into account new developments occurring during the
triennium;

d) make the Business Plan available to Contracting States and present the current version, during the triennium
concerned, to each ordinary session of the Assembly;

e) take further concrete steps to increase transparency, improve the work place environment, develop innovative
new partnerships with external stakeholders, increase organizational effectiveness and assure that
consensus-based results remain a core value and objective of ICAO and its subject matter expert bodies, and
mobilize additional resources for greater delivery; and

f) avoid any actual, potential or perceived conflict of interest when developing partnerships and accessing
voluntary funding.

4. Directs the Council to:

a) continue to streamline the working methods and procedures of the Assembly with a view to increased
accountability, transparency, simplification and efficiency;

b) ensure the effectiveness of the oversight mechanism, with an independent reporting procedure to the Council,
to provide programme effectiveness, transparency, trust, participation, and accountability; and

c) continue to review the governance structure of ICAO and its capacity for more effective, simple, accountable,
and transparent decision-making, including the delineation and allocation of responsibilities between the
Secretariat and the Governing Body, as well as how the review of the triennial cycle of the Assembly and
budget of the Organization can support this enhanced decision-making.

5. Invites the Secretary General, within his or her competence, to continue to take initiatives for improving the
effectiveness and efficiency of the Organization through procedural, managerial and administrative reforms, and to report
thereon to the Council;

6. Invites the Council and the Secretary General, in implementing Clauses 3 through 5 above, to take due account
of the non-exhaustive list of considerations in the Appendix to this resolution; and

7. Declares that this Resolution supersedes A40-20 on increasing the effectiveness of ICAO.
I. Constitutional and General Policy Matters I-35

APPENDIX

List of considerations for achieving a more efficient and effective ICAO

Systematic planning process (Clause 3 b) of this resolution)

a) establish a direct and transparent linkage between the Business Plan and the Regular Programme Budget;

b) establish procedures for the development of the Regular Programme Budget which focus on the allocation
of resources at a strategic and expected results level rather than on administrative detail (‘‘top down’’ rather
than ‘‘bottom up’’);

c) establish procedures for results-focused reporting aligned with the Strategic Objectives and output based
on the performance indicators, milestones and targets as defined in the Business plan;

d) develop, within the framework of the Business Plan, more specific plans by Strategic Objective and ensure
coordination and joint actions across all Strategic Objectives, Bureaus and Regional Offices;

e) undertake reviews of progress on implementation of the Business Plan on an ongoing basis within the
Secretariat and on a periodic basis by the Council and subsidiary bodies;

f) update and roll forward the Business Plan itself at least triennially;

g) simplify the Agenda and reduce documentation, with focus on matters of strategy and high-level policy, main
areas of priority and allocation of resources; and

h) streamline reporting procedures, in particular avoiding non-essential duplication of presentation and

consideration of the same documents in different bodies;

Review process of the Business Plan (Clause 3 c) of this resolution)

The review of the Business Plan after its endorsement must consider:

a) which elements of the Business Plan are subject to review and who can propose and accept them; and

b) the necessary trigger elements to justify the review and how the improvements must be registered and
monitored.

Oversight mechanism (Clause 4 c) of this resolution)

The emphasis here is on a vigorous procedure for reporting independently and directly to the Council on the
effectiveness, transparency and accountability of all ICAO programmes. In accordance with common audit practice, the
Secretary General would have the opportunity to comment on the independent reports, but not to change them.

Other measures for improving the effectiveness and efficiency of the Organization (Clause 5 of this resolution)

a) introduce procedures for more timely development or amendment as required of instruments of air law, ICAO
Standards and Recommended Practices, and Regional Air Navigation Plans;

b) increase emphasis on encouraging national ratification of instruments of air law and implementation of ICAO
Standards and Recommended Practices to the greatest extent possible worldwide;
I-36 Assembly Resolutions in Force

c) improve and speed up communications with Contracting States, particularly as they relate to Standards and
Recommended Practices, including more widespread use of electronic transmission;

d) strengthen the degree of autonomy given to the regional planning process and the associated authority and
resources given to the ICAO Regional Offices, while ensuring adequate coordination at the global level;

e) examine the relationship between ICAO and other bodies (aviation and relevant non-aviation, as well as
global and regional) with a view to defining respective areas of responsibility, eliminating overlap and
establishing joint programmes where relevant;

f) provide for adequate participation in ICAO activities by all interested parties in the aviation community,
including service providers, industry and relatives of victims of air accidents;

g) streamline the scheduling and documentation, and reduce the duration, of ICAO meetings in general; and

h) consider the advisability and feasibility of calling on external expertise as required to assist in any of the
above.

A32-1: Increasing the effectiveness of ICAO (measures for

continuing improvement in the 1999-2001 triennium
and beyond)

Whereas ICAO has for over 50 years effectively and efficiently fulfilled its functions in accordance with Part II of the
Convention on International Civil Aviation (the Chicago Convention);

Whereas the fundamental objectives of the Organization expressed in Article 44 of the Chicago Convention and the
functions of the Council expressed in the Convention, in particular in Articles 54 and 55 remain paramount;

Whereas the Organization is facing new and rapidly evolving challenges of a technological, economic, social and legal
nature;

Whereas the response to these challenges affects the safety of international civil aviation; and

Whereas there is a need for ICAO to meet these challenges effectively within the constraints under which the Organization
operates;

The Assembly:

1. Expresses appreciation to the Council and the Secretary General for the progress made in implementing
Resolution A31-2, Increasing the effectiveness of ICAO;

2. Endorses the decisions already taken by the Council in this regard;

3. Directs the Council and the Secretary General, within their respective competencies and the limits of the budget
approved by the Assembly, and without weakening the Organization or having adverse effects on its functioning, to:

a) continue the work that will ensure that ICAO is effective in meeting the challenges of a rapidly changing
aviation sector and promoting safety and security worldwide;
I. Constitutional and General Policy Matters I-37

b) ensure that high priority programmes which affect the safety of the travelling public are fully funded and
staffed;

c) ensure that the Office for Programmes Evaluation, Audit and Management Review (EAO) functions as it has
been designed, i.e. to improve programme management, transparency and accountability;

d) examine ICAO programmes critically to determine priorities and contemporary validity, and eliminate or
downsize those programme activities which are no longer priorities for the work of ICAO, or which could be
accomplished by other organizations, or by contracting out;

e) streamline the Panels and consolidate their work where possible; and

f) focus their efforts on:

1) improvement of the process of developing and adopting SARPs giving special regard to global,
functional, and operational requirements;

2) evaluating on a regular basis the results of technical cooperation programmes in order to identify their
impact on the improvement of SARPs implementation;

4. Directs the Council to:

a) continue streamlining the Assembly process by focussing on policy guidance and work programme
developments, and eliminating redundancies in its agenda;

b) in accordance with Articles 54 and 55 of the Convention, lay greater emphasis in its work programme on
policy decisions of ICAO, in such areas as the carrying out of decisions of the Assembly, administration of
finances, adoption of SARPs, reports of infractions to the Assembly and preparation of Diplomatic
Conferences within the framework of ICAO;

c) continue the evaluation of the character, working methods and procedures of ICAO, especially of its
governing bodies, including a comparison with other similar UN organizations, taking the assistance of an
outside body, if necessary and appropriate, for example from the Joint Inspection Unit of the United Nations;

d) consider whether a reduction in the number of meetings of the Council and its subsidiary bodies could realize
gains in the effectiveness of Council oversight of the Organization as well as reduce the cost of servicing the
Council; and

e) identify possible cost savings in the Secretariat.

5. Invites the Council and the Secretary General, within their respective jurisdictions, to:

a) continue the work flowing from Assembly Resolution A31-2;

b) expand that work to encompass an examination of ways of removing impediments to greater efficiency within
the Secretariat; and

c) examine, after identifying what, in ICAO, constitutes administrative costs and programme support costs, the
scope of reducing administrative costs substantially of the regular programme budget over the next two
triennial budget cycles, keeping in view the ongoing exercise in the United Nations and other agencies.
I-38 Assembly Resolutions in Force

6. Invites the Secretary General to:

a) consider whether it is convenient and cost-effective to implement a programme of staff awards and
incentives;

b) enhance the performance of the Regional Offices; and

c) consider the possibility of consolidating Regional Offices and functions to improve programme delivery. This
procedure should be considered in the light of new technologies and new approaches to the problems of the
various regions.

7. Invites the Council to inform States of progress on implementation of clauses 3 through 6 of this resolution by
1 May 2000, and to provide a full report to the next ordinary session of the Assembly.

A33-3: Increasing the effectiveness of ICAO (to face new

challenges)

Whereas the present situation created by the tragic events of 11 September 2001 imposes on ICAO the need to respond
quickly and without delay to the new threats and demands in order to ensure that it makes an effective contribution to the
safety, security and efficiency of flights worldwide;

Whereas ICAO has bodies of experts that deal continuously with the issues of safety and security, advising and working
close to the Council;

Whereas this Organization has in the Council a resident deliberative body elected representing all regions of the world, a
fact that enhances further its legitimacy;

Whereas the ICAO Council is a political body with internationally recognized legitimacy to deal with international civil
aviation matters; and

Whereas Contracting States could exercise their sovereignty in the light of the Council’s authority through a mechanism
that can permit them to request a review of newly introduced SARPs;

The Assembly:

Directs the Council to seek ways to shorten the process for the approval and adoption of SARPs considered of key
importance for the safety and security of civil aviation, whenever deemed necessary.

A11-16: Efficiency in the preparation and conduct of meetings

The Assembly, concerned with the increasing burden on States, both financial and in personnel, requests the Council:

1. To continue its study of the matter of increased efficiency in the preparation and conduct of the meetings of the
Organization, for example, through more cogent and concise documentation, limitations on the agenda and all reasonable
reductions in the duration of meetings; and

2. To seek the cooperation of Contracting States in this connection.

I. Constitutional and General Policy Matters I-39

A31-1: Official emblem and seal of ICAO

The Assembly:

Having considered the recommendation of the Council regarding the emblem and seal of ICAO,

Resolves that the designs reproduced below shall be the official emblem and official seal of the International Civil Aviation
Organization,

Declares that this resolution supersedes Resolution A21-4.

Official Emblem Official Seal

RELATIONS WITH CONTRACTING STATES

A1-14: Improvement of liaison with Contracting

States

Whereas it is essential to improve liaison between the Organization and the Contracting States for the accomplishment of
the objectives of the Organization; and

Whereas the Interim Council has brought to the attention of the First Assembly of the Organization certain steps which
might be taken to improve the existing facilities for liaison; and

Whereas such improvement can be achieved only with the cooperation of all Contracting States, each taking appropriate
action within its own territory;

Now therefore the First Assembly Recommends:

1. That the Contracting States furnish complete information on the steps taken to date to provide liaison facilities
with the Organization;

2. That Contracting States within their respective national administrations designate an official or officials with the
specific responsibility for establishing, where necessary, and for coordinating facilities for liaison with the Organization;

3. That the Contracting States provide the Organization, at such intervals as may be decided by the Council, with
reports on the progress made in implementing Standards, Practices and Procedures adopted by the Organization or the
reasons for non-implementation;
I-40 Assembly Resolutions in Force

4. That the Contracting States provide the Organization with information, documents and publications requested by
the Organization, in accordance with the Convention, without undue delay; and

5. That Contracting States by arrangement with the Organization second employees of their national administrations
to Headquarters or to Regional Offices of the Organization for training and experience in the Organization’s activities.

A2-26: General Convention on the Privileges and Immunities

of the Specialized Agencies and Annex thereto
relating to ICAO

Whereas Section 37 of the general Convention on Privileges and Immunities of Specialized Agencies approved by the
Second General Assembly of United Nations provides that:

“the present Convention becomes applicable to each specialized agency when it has transmitted to the Secretary-
General of the United Nations the final text of the relevant annex and has informed him that it accepts the standard
clauses, as modified by this annex and undertakes to give effect to Sections 8, 18, 22, 23, 24, 31, 32, 42 and 45
and any provisions of the Annex,”; and

Whereas pursuant to Section 35 of the said Convention Draft Annex III to this Convention and relating to the International
Civil Aviation Organization is recommended to the said Organization; and

Whereas the privileges and immunities defined by the general Convention, as amended by the Annex relating to ICAO
are essential for an efficient exercise of the functions of the Organization;

The Assembly:

1. Approves as the final text of the Annex relating to ICAO the text recommended by the Second General Assembly
of the United Nations, which appears as Annex III to the said general Convention;

2. Accepts the “standard clauses” of the said general Convention on Privileges and Immunities of Specialized
Agencies as modified by the said Annex;

3. Undertakes to give effect to Sections 8, 18, 22, 23, 24, 31, 32, 42 and 45 and to Section 2(iii) of the said Annex;

4. Directs the Secretary General that

a) the text of the annex approved pursuant to the above paragraph 1, be transmitted to the Secretary-General
of the United Nations,

b) the Secretary-General of the United Nations be informed that

― the Organization accepts the “standard clauses” as modified by the annex, and

― the Organization undertakes to give effect to Sections 8, 18, 22, 23, 24, 31, 32, 42 and 45 and to Section
2(iii) of the Annex; and
I. Constitutional and General Policy Matters I-41

5. Directs the Secretary General that, pursuant to Section 42 of the “standard clauses”, the text of the general
Convention together with the Annex relating to ICAO be communicated to the Contracting States, which are not members
of United Nations and that these States be invited to accede thereto in respect of ICAO by depositing an instrument of
accession to the Convention in respect thereof either with the Secretary-General of the United Nations or with the
Secretary General of ICAO.

A2-27: Recommendation to Contracting States to accord to

ICAO the privileges and immunities provided in the
general Convention on the Privileges and Immunities
of the Specialized Agencies and Annex III thereto,
pending their formal approval of that Convention
and Annex

Whereas the Second General Assembly of the United Nations recognized as necessary that the specialized agencies
enjoy at the earliest possible date, the privileges and immunities essential for an efficient exercise of their functions; and

Whereas a considerable delay will necessarily ensue before the Convention becomes operative in the case of such
agencies; and

Whereas the Second General Assembly of the United Nations has recommended to the Member States of the United
Nations that, pending their formal accession to the general Convention concerning the Privileges and Immunities of
Specialized Agencies, including the annexes relating to each agency, they should immediately accord as far as possible
to, or in connection with, the specialized agencies, the benefit of the privileges and immunities provided in the said general
Convention and its annex, “it being understood that the specialized agencies may take any necessary parallel action in
regard to those of their members, which are not members of the United Nations”;

The Assembly,

Recommends to the States, members of the International Civil Aviation Organization, that pending their formal approval
of the general Convention concerning the Privileges and Immunities of Specialized Agencies, including the annex relating
to ICAO, they should immediately accord as far as possible to, or in connection with, ICAO the benefit of the privileges
and immunities provided in the said general Convention and Annex.

A26-3: Convention on the Privileges and Immunities of the

Specialized Agencies

Whereas by Resolution A2-26 the Assembly accepted the Convention on Privileges and Immunities of the Specialized
Agencies;

Whereas by Resolution A2-27 the Assembly recommended to Contracting States that they should immediately accord as
far as possible to, or in connection with, ICAO the benefit of the privileges and immunities provided in the said Convention;

Whereas some Contracting States have not yet become parties to the Convention;
I-42 Assembly Resolutions in Force

Whereas the United Nations General Assembly in Resolution 39/27 adopted on 30 November 1984 renewed its earlier
request made in Resolution 239C(III) of 18 November 1948 to Member States that have not done so to take necessary
action to exempt their nationals employed by the United Nations from national income taxation with respect to their salaries
and emoluments paid to them by the United Nations;

The Assembly:

1. Urges all Contracting States which have not done so to take steps to become parties to the Convention on the
Privileges and Immunities of the Specialized Agencies;

2. Urges all Contracting States to take such measures as are within their powers to apply the principles of the said
Convention;

3. Requests the Secretary General to bring this resolution to the attention of all Contracting States; and

4. Requests the Council to report to the next ordinary session of the Assembly on the implementation of this
resolution.

A33-5: Confirmation of the 1986 Vienna Convention on the

Law of Treaties between States and International
Organizations or between International Organizations

Whereas the Vienna Convention on the Law of Treaties between States and International Organizations or between
International Organizations was adopted on 21 March 1986 by a conference convened by the General Assembly of the
United Nations;

Whereas Article 83 of said Convention provides that it is subject to ratification by States and to acts of formal confirmation
by international organizations;

Whereas the Convention was signed on behalf of ICAO by the President of the Council on 29 June 1987;

Whereas by Resolution 53/100 (United Nations Decade of International Law) the General Assembly of the United Nations,
inter alia, encouraged States to consider ratifying or acceding to the Convention, international organizations that have
signed the Convention to deposit an act of formal confirmation, and other organizations entitled to do so to accede to it at
an early date; and

Whereas this Assembly considers that the Convention would provide additional clarity and certainty as to the legal regime
to govern treaty relationships between ICAO and States or between ICAO and other international organizations parties to
the Convention, and would therefore enhance the functioning of the Organization;

The Assembly:

1. Decides that ICAO should formally confirm the Vienna Convention on the Law of Treaties between States and
International Organizations or between International Organizations (1986);

2. Authorizes the President of the Council to sign an act of formal confirmation of the said Convention for deposit
on behalf of ICAO; and

3. Urges States which have not yet done so to ratify the Convention so that it would enter into force as soon as
possible.
I. Constitutional and General Policy Matters I-43

A1-15: Public information policy in ICAO

Whereas it is recognized that the International Civil Aviation Organization is dependent for its continued existence upon
the active participation of Contracting States, and that that participation, in turn, is influenced to an appreciable extent by
the support of public opinion in Contracting States; and

Whereas the creation of a special information group for the worldwide dissemination of news and information on the
Organization’s activities, as recommended by the First Interim Assembly of the Provisional Organization in Resolution No.
XIV, has not been fully implemented by the Interim Council;

Whereas an agreement with the United Nations has been approved by the First Assembly of the Organization, under
which it is hoped that the United Nations will assist in implementing any approved information programme of the
Organization; and

Whereas for this purpose the United Nations will require the full assistance of the information group of this Organization;

Now therefore the Assembly resolves:

a) That the public information policy of the Organization should be directed primarily toward ensuring that
individuals and groups directly concerned with international civil aviation are kept informed of the activities
and aims of the Organization; and secondarily toward the general public of Contracting States as a whole,
within the limitations of the budget and as far as practicable in cooperation with the public relations
organization of the United Nations, with a view to obtaining the widest publicity for the Organization’s
activities;

b) That the Regional Offices should participate in the information programme to the extent practicable without
interference with the performance of their primary duties connected with air navigation matters and without
augmentation of their staffs;

c) That in giving effect to a) and b) the fullest use should be made of the services rendered by the officials
already responsible for publicity in the field of civil aviation in the various Contracting States.

A19-1: Shooting down of a Libyan civil aircraft by

Israeli fighters on 21 February 1973

The Assembly,

Having considered the item concerning the Libyan civil aircraft shot down on 21 February 1973 by Israeli fighters over the
occupied Egyptian territory of Sinai,

Condemning the Israeli action which resulted in the loss of 106 innocent lives,

Convinced that this action affects and jeopardizes the safety of international civil aviation and therefore emphasizing the
urgency of undertaking an immediate investigation of the said action,

1. Directs the Council to instruct the Secretary General to institute an investigation in order to undertake fact findings
and to report to the Council at the earliest date;

2. Calls upon all parties involved to cooperate fully in the investigation.

I-44 Assembly Resolutions in Force

A20-1: Diversion and seizure by Israeli military aircraft of a

Lebanese civil aircraft

The Assembly

Having considered the item concerning the forcible diversion and seizure by Israeli military aircraft on 10 August 1973 of
a Lebanese civil aircraft chartered by Iraqi Airways;

Considering that Israel, by this action, violated Lebanese airspace, jeopardized air traffic at Beirut civil airport and
committed a serious act of unlawful interference with international civil aviation;

Noting that the United Nations Security Council, by its Resolution 337 (1973) adopted on 15 August 1973, has condemned
Israel for violating Lebanon’s sovereignty and for the forcible diversion and seizure of a Lebanese civil aircraft and has
called on ICAO to take due account of the above-mentioned resolution when considering adequate measures to safeguard
international civil aviation;

Noting that the ICAO Council, on 20 August 1973, condemned Israel for its action;

Recalling that the United Nations Security Council in its Resolution 262 in 1968 condemned Israel for its premeditated
action against Beirut civil airport which resulted in the destruction of thirteen commercial and civil aircraft, and recalling
that the Assembly of ICAO in its Resolution A19-1 condemned the Israeli action which resulted in the loss of 108 innocent
lives and that the Council, by its Resolution of 4 June 1973, strongly condemned the Israeli action and urged Israel to
comply with the aims and objectives of the Chicago Convention;

1. Strongly condemns Israel for violating Lebanon’s sovereignty and for the forcible diversion and seizure of a
Lebanese civil aircraft and for violating the Chicago Convention;

2. Urgently calls upon Israel to desist from committing acts of unlawful interference with international civil air
transport and airports and other facilities serving such transport;

3. Solemnly warns Israel that if it continues committing such acts the Assembly will take further measures against
Israel to protect international civil aviation.

A24-5: Extraordinary Session of the Council

The Assembly

Having considered the report of the President of the Council (A24-WP/49) on the Extraordinary Session of the Council
held on 15 and 16 September 1983 regarding the tragic incident which occurred on 1 September 1983 to Korean Airlines
Flight 007,

Endorses the resolutions adopted and decisions taken at that session ∗, and

Urges all Member States to cooperate fully in their implementation.

∗ Reproduced in the Action of the Council (Extraordinary Session), Doc 9428-C/1079, pages 21-25.
I. Constitutional and General Policy Matters I-45

A21-7: The airport of Jerusalem

Whereas Jerusalem airport lies in the occupied Arab territories and is registered under the jurisdiction of Jordan in ICAO
Middle East Air Navigation Plan;

Recalling that Articles 1, 5 and 6 of the Convention on International Civil Aviation provide that Contracting States recognize
that every State has complete and exclusive sovereignty over the airspace above its territory and that no scheduled air
services, or non-scheduled international air services for the purpose of taking on or discharging passengers, cargo or mail,
may be operated over or into the territory of a Contracting State except with the special permission or other authorization by
that State;

The Assembly resolves that all Contracting States should, in implementation of the above relevant Articles of the
Convention, take all necessary measures to refrain from operating, or giving permission to any airline to operate any air
service, whether scheduled or non-scheduled, to or from Jerusalem airport, unless prior permission is granted pursuant
to the provisions of the said Articles.

A23-5: The airport of Jerusalem

Whereas Israel passed a legislation altering the geographic, demographic, and historic character and status of Jerusalem;

Whereas Jerusalem airport is an integral part of Jerusalem which lies in the occupied Arab territories;

Whereas the Security Council of the United Nations, in its Resolution No. 478 of 20 August 1980, considered these Israeli
measures null and void;

Whereas Article 5 of the Agreement concluded between the United Nations and ICAO, contained in Doc 7970, affirms the
obligation of ICAO to work toward the realization of United Nations objectives;

Whereas the ICAO Assembly Resolution A21-7 of 1974 recognizes the Arab sovereignty over Jerusalem Airport;

Whereas the Council, in its 86th Session (December 1975), deeply deplored the Israeli disregard of the above- mentioned
Assembly resolution;

Whereas the Israeli measures are contrary to the ICAO Assembly Resolution A21-7 of 1974, and the Council decision
taken at its 86th Session on 17 December 1975;

Whereas Israel persists in challenging and defying ICAO resolutions;

The Assembly

1. Reaffirms its Resolution A21-7 (1974) and the Council decision taken at its 86th Session, on 17 December 1975.

2. Considers the alteration of geographic, demographic and historic character and status of Jerusalem null and void.

3. Deeply deplores the action of Israel in formally annexing Jerusalem including its airport.
4. Urges Israel to rescind such measures and abide by the ICAO Assembly resolutions.

5. Directs the Council to take the necessary measures to implement Assembly Resolution A21-7 and Council
decision taken at its 86th Session on 17 December 1975.
I-46 Assembly Resolutions in Force

A22-5: Sabotage and destruction of a Cuban civil aircraft on

scheduled service in the Caribbean with the loss of
73 passengers and crew

The Assembly,

Considering that the criminal sabotage perpetrated on 6 October 1976 against a scheduled Cuban transport aircraft takes
its place among those acts of individual aggression against an aircraft which have caused the greatest number of victims,
with the death of all the crew and passengers, a total of 73 persons;

Considering that in Resolution A20-2 the International Civil Aviation Organization has condemned all acts of unlawful
interference against civil aviation;

Considering, furthermore, that it is appropriate that exemplary action be taken against an act of this gravity, in order to
demonstrate the determination of the States to prosecute and suppress without hesitation any such attack against the
safety of air transport and the lives of crew and passengers;

1. Condemns the criminal sabotage perpetrated against the Cuban aircraft CU-T 1201 causing the death of
73 persons.

2. Urges the States which are in a position to do so to prosecute and punish with the greatest severity those criminals
who committed this deed, so that the penalty may correspond to the magnitude of the crime and constitute a deterrent for
the future.

3. Extends its deepest sympathy and condolences to the families of the victims of this tragic disaster and of all other
disasters caused by criminal acts against civil aviation.

A28-7: Aeronautical consequences of the Iraqi invasion of

Kuwait

The Assembly:

Recalling that the Convention on International Civil Aviation is based on the belief that the future development of
international civil aviation can greatly help to create and preserve friendship and understanding among the nations and
peoples of the world, yet its abuse can become a threat to the general security; and that it is desirable to avoid friction and
to promote that cooperation between nations and peoples upon which the peace of the world depends;

Bearing in mind the provisions and principles of the Convention on International Civil Aviation;

Noting United Nations Security Council condemnation of the invasion of Kuwait and Security Council Resolution 662 which
decided that annexation of Kuwait by Iraq has no legal validity and is considered null and void and called upon all States,
International Organizations and Specialized Agencies not to recognize that annexation and to refrain from any action or
dealing that might be interpreted as an indirect recognition of the annexation;
Noting further Security Council Resolution 661 which calls upon all States to take appropriate measures to protect assets
of the legitimate Government of Kuwait and its agencies;

Noting further Security Council Resolution 670 which affirmed that the specialized agencies are required to take such
measures as may be necessary to give effect to the terms of Resolution 661;
I. Constitutional and General Policy Matters I-47

Noting further that Security Council Resolution 670 affirmed that Decree No. 377 of the Revolutionary Command Council
of 16 September 1990, which, inter alia, purported to impound assets of foreign companies, is null and void;

1. Condemns the violation of the sovereignty of the airspace of Kuwait and the plunder of Kuwait International
Airport by Iraqi armed forces including the seizure and removal to Iraq of 15 aircraft of Kuwait Airways and their purported
registration by Iraq;

2. Calls upon Iraq to facilitate the early recovery by their owners of foreign registered aircraft stranded at Kuwait
International Airport;

3. Declares that the unilateral registration of aircraft of Kuwait Airways by Iraqi aircraft is null and void and calls
upon the Iraqi government to return the Kuwaiti aircraft to the legitimate Government of Kuwait;

4. Requests all States in whose territory any of these aircraft are found to hand them over to the legitimate
Government of Kuwait;

5. Requests all States not to supply Iraq, its companies or nationals, whether directly or indirectly, with any spare
parts, equipment or supplies or services to enable Iraq to use the aircraft;

6. Requests the Council to follow up this matter with Contracting States with respect to the steps to be taken for the
implementation of this Resolution so that the matter may be kept under continuing review.

A32-6: Safety of navigation

Having considered that on August 31, 1998, an object propelled by rockets was launched by a certain Contracting State
and a part of the object hit the sea in the Pacific Ocean off the coast of Sanriku in northeastern Japan;

Having considered that the impact area of the object was in the vicinity of the international airway A590 which is known
as composing NOPAC Composite Route System, a trunk route connecting Asia and North America where some 180 flights
of various countries fly every day;

Having considered that the launching of such an object vehicle was done in a way not compatible with the fundamental
principles, standards and recommended practices of the Convention on International Civil Aviation; and

Noting that it is necessary that international aviation should be developed in a safe and orderly manner, and that the
Contracting States will take appropriate measures to enhance further the safety of international civil aviation;

The Assembly:

1. Urges all Contracting States to reaffirm that air traffic safety is of paramount importance for the sound
development of international civil aviation;

2. Urges all Contracting States to strictly comply with the provisions of the Convention on International Civil Aviation,
its Annexes and its related procedures, in order to prevent a recurrence of such potentially hazardous activities; and
3. Instructs the Secretary General to immediately draw the attention of all Contracting States to this resolution.
I-48 Assembly Resolutions in Force

A35-1: Acts of terrorism and destruction of Russian civil

aircraft resulting in the deaths of 90 people —
passengers and crew members

Whereas the terrorist acts committed on 24 August 2004 on board Russian civil aircraft on scheduled passenger flights
represent, in principle, a new form of terrorism which uses terrorist-suicide bombers who carry explosive devices on board
aircraft;

Given the need for unification of international efforts to combat the threat which uses terrorist-suicide bombers to carry out
terrorist acts, both on aircraft and in other public areas;

Aware of all the difficulties in identifying terrorist-suicide bombers and detecting explosive devices on their bodies;

Convinced of the need to adopt adequate measures to counter such acts of terrorism;

Welcoming the resolve of all States to prosecute the organizers and perpetrators of such acts; and

Recalling its Resolutions A22-5, A27-9, A33-1 and A33-2;

The Assembly:

1. Strongly condemns the terrorist acts on board Russian passenger aircraft that took many human lives;

2. Extends its deepest sympathy and condolences to the families of those who perished as a result of these acts of
terrorism;

3. Urges Contracting States to cooperate actively in holding to account and punishing severely those responsible
for aiding, supporting or harbouring those who perpetrated these attacks, as well as those who organized and sponsored
them; and

4. Calls upon Contracting States to study the ways and means to reinforce the prevention of terrorist attacks by means
of explosives, in particular by enhancing international cooperation and information exchange in developing technical means
of detection of explosives, giving increased attention to the detection of explosive devices on the human body.

A41-1: Infraction of the Convention on International Civil

Aviation by the Republic of Belarus

Recalling the decision of the Council of 27 May 2021 concerning the incident involving Ryanair Flight FR4978 in the
Republic of Belarus airspace on 23 May 2021;

Having considered the report of the Fact-Finding Investigation Team (FFIT) instituted by the Secretary General pursuant
to that decision of the Council;

Bearing in mind the provisions and principles of the Convention on International Civil Aviation, while the primary objective
of ICAO continues to be that of ensuring the safety and security of international civil aviation worldwide;

Considering the paramount importance of preserving the safety of international civil aviation as enshrined in the
Convention on International Civil Aviation and its Annexes;
I. Constitutional and General Policy Matters I-49

Noting that the ICAO Council, on 18 July 2022, determined that, based on the facts established by the FFIT, a number of
senior officials of the Government of the Republic of Belarus had knowingly participated or were involved in providing
information about a false bomb threat to Ryanair Flight FR4978 leading to its diversion to land at Minsk National Airport;

Further noting that the ICAO Council concluded with grave concern, that based on the facts established by the FFIT, the
safety of Ryanair Flight FR4978 was endangered when a false bomb threat was communicated to the flight crew, on the
instructions of senior government officials of the Republic of Belarus, and that the actions of the Government of the
Republic of Belarus in committing an act of unlawful interference that deliberately endangered the safety and security of
Ryanair Flight FR 4978 and the lives of all those on board, amounted to a flagrant and serious violation of the Convention
on International Civil Aviation;

Recalling that the use of civil aviation by any State for any purpose inconsistent with the aims of the Convention on
International Civil Aviation would contravene the spirit of the said Convention, its Preamble as well as its Article 4;

Considering that the ICAO Council further decided to submit this matter to the 41st Session of the ICAO Assembly, in
accordance with Article 54 k) of the Convention on International Civil Aviation;

The Assembly:

1. Endorses the determination of the ICAO Council that, based on the findings of the FFIT, the actions of the
Government of the Republic of Belarus in knowingly participating in or being involved in providing information about a false
bomb threat to Ryanair Flight FR4978 leading to its diversion to land at Minsk National Airport, and thereby deliberately
endangering the safety and security of a commercial passenger aircraft and the lives of all those on board, amounted to
the use of civil aviation by the Republic of Belarus for a purpose inconsistent with the aims of the Convention on
International Civil Aviation which is a flagrant and serious violation of its Article 4;

2. Condemns the actions of the Government of the Republic of Belarus in committing an act of unlawful
interference that deliberately endangered the safety and security of Ryanair Flight FR4978 and the lives of all those on
board;

3. Deplores the fact that, notwithstanding notice of the infraction of Article 4 of the Convention on International
Civil Aviation, the Republic of Belarus has failed to take appropriate action within a reasonable time after notice of the said
infraction;

4. Urgently calls upon the Republic of Belarus to take appropriate action in view of this infraction of Article 4 of
the Convention on International Civil Aviation;

5. Requests the Council to remain seized of this matter and to report back to the Assembly as appropriate;
and

6. Instructs the Secretary General to immediately draw the attention of all Contracting States to this Resolution.

A41-2: Infractions of the Convention on International Civil

Aviation by the Russian Federation

Having considered the item concerning infractions of the Convention on International Civil Aviation by the Russian
Federation;
I-50 Assembly Resolutions in Force

Recalling that the United Nations General Assembly in adopting Resolution A/ES-11/L.1 on aggression against Ukraine
reaffirmed its commitment to the sovereignty, independence, unity and territorial integrity of Ukraine and deplored in the
strongest terms the aggression by the Russian Federation against Ukraine in violation of the Charter of the United Nations;

Bearing in mind the provisions and principles of the Convention on International Civil Aviation, while the primary objective
of ICAO continues to be that of ensuring the safety of international civil aviation worldwide;

Considering the paramount importance of preserving the safety of international civil aviation, and that once a Contracting
State has registered an aircraft, a number of safety-related obligations fall upon it by virtue of the Convention on
International Civil Aviation and its Annexes;

Noting that the ICAO Council, on 25 February 2022, expressed its condemnation of the violation of the territorial integrity
and sovereignty of Ukraine, including its sovereign airspace, which is inconsistent with Article 1 of the Convention on
International Civil Aviation and urged the Russian Federation to cease its unlawful activities, to ensure the safety and
security of international civil aviation in all affected areas and to respect its obligations under the Convention on
International Civil Aviation;

Noting that on 15 June 2022, ICAO confirmed a significant safety concern (SSC) that remained unresolved by the Russian
Federation, and on 22 June 2022 the ICAO Council considered a working paper submitted by 19 ICAO Council Member
States which, in addition to the infraction of Article 1 of the Convention on International Civil Aviation, outlined infractions
of Articles 18, 19, 29 and 31 pertaining to the dual registration of aircraft by the Russian Federation and, in turn, permitting
the operation of those aircraft without valid certificates of airworthiness, and that in this connection the Council called on
the Russian Federation to immediately cease and urgently remedy its infractions of the Convention on International Civil
Aviation;

Considering that the Russian Federation failed to take appropriate action within a reasonable time after notice of the
infractions, despite strong condemnations by the Council and its calls for compliance with the Convention on International
Civil Aviation;

Considering that the ICAO Council further decided to submit this matter to the 41st Session of the ICAO Assembly, in
accordance with Article 54 k) of the Convention on International Civil Aviation;

The Assembly:

1. Endorses the decision of the ICAO Council that the violation of the territorial integrity and sovereignty of Ukraine
by the Russian Federation, including its sovereign airspace, and the dual registration of aircraft by the Russian Federation
and, in turn, permitting the operation of those aircraft without valid certificates of airworthiness constitute infractions of
Articles 1, 18, 19, 29 and 31 of the Convention on International Civil Aviation, conforming to its Article 54 k);

2. Deplores that, in disregard of the concerns and condemnations expressed by the ICAO Council, the Russian
Federation has continued these infractions of Articles 1, 18, 19, 29 and 31 of the Convention on International Civil Aviation;

3. Condemns the Russian Federation for the violation of the sovereignty of the airspace of Ukraine and the dual
registration of aircraft by the Russian Federation and, in turn, permitting the operation of those aircraft without valid
certificates of airworthiness, amounting to infractions of the Convention on International Civil Aviation and seriously
threatening the safety and security of international civil aviation;

4. Urgently calls upon the Russian Federation to cease the actions leading to the infractions of the Convention on
International Civil Aviation in order to comply strictly with the provisions of the Convention on International Civil Aviation
and its Annexes;
I. Constitutional and General Policy Matters I-51

5. Urgently calls upon the Russian Federation to resolve the issues related to the leased aircraft registered in other
Contracting States that have been re-registered in the Russian Federation and to prevent the operation of those aircraft
without valid certificates of airworthiness, so as to remedy the infractions of Articles 18, 19, 29 and 31 of the Convention
on International Civil Aviation;

6. Requests the Council to remain seized of this matter and report back to the Assembly as appropriate; and

7. Instructs the Secretary General to immediately draw the attention of all Contracting States to this Resolution.

A41-3: Unannounced missile launches by the Democratic

People’s Republic of Korea

Having considered the item concerning recurring unannounced missile launches by the Democratic People’s Republic of
Korea;

Recalling Assembly Resolution A32-6 concerning safety of navigation;

Recalling that the United Nations Security Council, acting under Chapter VII of the Charter of the United Nations,
demanded that the Democratic People’s Republic of Korea not conduct any launch using ballistic missile technology and
has strongly condemned the Democratic People’s Republic of Korea when doing so in violation and flagrant disregard of
the United Nations Security Council Resolutions 1718 (2006), 2087 (2013), 2270 (2016), 2321 (2016) and 2371 (2017),
inter alia;

Considering the paramount importance of proper coordination of activities potentially hazardous to civil aircraft with all
parties concerned (Annex 11 — Air Traffic Services), due promulgation of information when the establishment of
prohibited, restricted or danger areas is unavoidable (Annex 15 — Aeronautical Information Services), and effective
implementation of relevant Procedures for Air Navigation Services — Aeronautical Information Management (Doc 10066);

Noting that the ICAO Council, on 6 October 2017, expressed its strong condemnation of the continued launching of ballistic
missiles by the Democratic People’s Republic of Korea over or near international routes without advance notification,
which seriously threatens the safety of international civil aviation;

Considering that the ICAO Council remained seized of the matter, expressing concern at episodes involving unannounced
missiles being launched by the Democratic People’s Republic of Korea, which represent a serious risk to international civil
aviation and which occurred in defiance of the relevant United Nations Security Council Resolutions, and affirmed that the
ICAO Secretariat should avoid all technical activities with the Democratic People’s Republic of Korea, of a direct or indirect
nature;

Noting that the ICAO Council, on 1 June 2022, condemned in the strongest possible terms the recent spate of
unannounced missile launches and urged the Democratic People’s Republic of Korea to act in accordance with and
respect for the Convention on International Civil Aviation, and to comply with applicable ICAO Standards and
Recommended Practices;

Considering that the ICAO Council further decided to submit this matter to the 41st Session of the ICAO Assembly, in
accordance with Article 54 k) of the Convention on International Civil Aviation;
I-52 Assembly Resolutions in Force

The Assembly:

1. Endorses the decision of the ICAO Council that, aside from the incompatibility of ballistic missile launches with
the applicable United Nations Security Council Resolutions, unannounced missile launches by the Democratic People’s
Republic of Korea constitute an infraction to the Convention on International Civil Aviation, conforming to its Article 54 k);

2. Deeply deplores that, in disregard of the concerns and condemnations expressed by the ICAO Council, the
Democratic People’s Republic of Korea has continued the unannounced launches of missiles;

3. Strongly condemns the Democratic People’s Republic of Korea for launching missiles without advance
notification, violating the Convention on International Civil Aviation and seriously threatening the safety of international
civil aviation;

4. Urgently calls upon the Democratic People’s Republic of Korea to comply strictly with the provisions of the
Convention on International Civil Aviation, its Annexes and its related Procedures for Air Navigation Services, in order to
cease the recurrence of such potentially hazardous activities;

5. Reaffirms the intention of ICAO to continue and maintain a close and cooperative relationship with the United
Nations on this matter, fulfilling the objectives set forth in the Agreement between the United Nations and ICAO (see
Assembly Resolution A1-2);

6. Requests the Council to remain seized of this matter and report back to the Assembly as appropriate; and

7. Instructs the Secretary General to immediately draw the attention of all Contracting States to this resolution.

A40-11: Consolidated statement of continuing ICAO policies

related to aviation security

A33-1: Declaration on misuse of civil aircraft as weapons of

destruction and other terrorist acts involving civil
aviation

A35-2: Application of Article IV of the Convention on the

Marking of Plastic Explosives for the Purpose of
Detection

RELATIONS WITH INTERNATIONAL ORGANIZATIONS AND OTHER BODIES

A1-10: Relations with public international organizations

Whereas there is a number of public international organizations whose activities affect or are affected by those of this
Organization; and
I. Constitutional and General Policy Matters I-53

Whereas the work of the Organization and the advancement of international civil aviation will be enhanced by close
cooperation with such organizations;

Now therefore, this Assembly:

1. Authorizes the Council to make appropriate arrangements with public international organizations whose activities
affect international civil aviation, particularly with regard to technical collaboration, exchange of information and
documents, attendance at meetings, and such other matters as may promote effective cooperation, provided that such
arrangements can be implemented without any increase in the approved budget of the year in question;

2. Suggests that such arrangements may, with advantage, be established through informal working arrangements
rather than formal agreements wherever practicable;

3. Requests the Council to report to the next Assembly on the nature and scope of each arrangement entered into
pursuant to this resolution.

A1-11: Relations with private international organizations

Whereas there is a number of private international organizations whose activities affect, or are affected by, those of the
International Civil Aviation Organization; and

Whereas the work of the Organization and the advancement of international civil aviation may be enhanced by cooperation
with such other bodies;

Now therefore this Assembly:

A. Resolves

1. That the Council is hereby authorized in the exercise of its discretion to make appropriate arrangements with
private international organizations whose activities affect international civil aviation, and

a) which have a wide and well-established international representation and possess a governing international
body having a permanent character and authorized representatives;

b) whose aims and objectives are not in conflict with the general principles laid down in the Convention on
International Civil Aviation;

2. That the extent of the cooperation provided for by any such arrangements shall be governed by the degree to
which specific matters within the respective responsibilities of the two organizations are of interest to both;

3. That cooperation, in respect of those matters in which both organizations have a common interest, may be in the
following forms or in such other forms as may appear desirable to the Council:

a) exchange of information and documentation;

b) reciprocal representation and participation in the work of technical meetings, committees or working groups;

4. That participation in the work of the Organization must necessarily be on a non-voting basis, provided that such
arrangements can be implemented without any increase in the approved budget for the year in question;
I-54 Assembly Resolutions in Force

B. Suggests that such arrangements may, with advantage, be established through informal working arrangements
rather than formal agreements wherever practicable;

C. Requests the Council to report to the next Assembly on the nature and scope of any arrangement entered into
pursuant to this resolution.

A1-2: Approval of the Agreement with the United Nations

Whereas the Interim Council of PICAO has negotiated a draft agreement of relationship between ICAO and the United
Nations in accordance with Resolution XXI of the Interim Assembly of PICAO and has submitted this agreement to the
Assembly of ICAO for approval; and

Whereas it is the wish of the Assembly of ICAO to enter into an agreement with the United Nations in the terms submitted
by the Interim Council of PICAO;

Now therefore the Assembly of ICAO hereby approves the agreement of relationship with the United Nations and resolves:

a) to authorize the Council to enter into such supplementary arrangements with the Secretary General of the
United Nations for the implementation of the agreement, in accordance with Article XIX thereof, as may be
found desirable in the light of the operating experience of the two organizations;

b) to authorize the Council to enter into negotiations with the United Nations for the conclusion of further
appropriate arrangements between ICAO and the United Nations with respect to air matters within the
competence of ICAO, as provided for in Article XX. Such arrangements, however, shall be subject to final
approval by the Assembly;

c) to authorize the President of the Council to sign with the appropriate official of the United Nations a protocol
bringing the agreement of relationship between the United Nations and ICAO into force;

d) to authorize the Council to enter into negotiations with the United Nations for revising the agreement of
relationship, as provided for in Article XXI thereof. Revisions negotiated by the Council shall be subject to
the final approval of the Assembly.

A2-24: Relations with the United Nations

Whereas the Assembly has reviewed the recommendations of the General Assembly of the United Nations in Resolutions
125 (II) and 165 (II) of that body and the recommendations of the Economic and Social Council in its resolutions adopted
on March 10, 1948; and
Whereas the Assembly has examined the statement of the Organization’s relations with the United Nations contained in
the Report of the Council (A2-P/5) and in the documentation on this subject submitted to the Second Assembly (A2-AD/1);

The Assembly:

1. Agrees with the reported actions taken by the Council consequent upon the recommendations of the United
Nations, and with the view of the Council regarding the feasibility of consolidating at present ICAO’s budget with the budget
of the United Nations;
I. Constitutional and General Policy Matters I-55

2. Approves of the manner in which the Agreement between ICAO and the United Nations has thus far been
implemented; and

3. Directs the Council to continue to maintain close and cooperative relationship with the United Nations to fulfil the
objectives set forth in the agreement with that organization.

A2-25: Supplementary Agreement covering the use of the

United Nations laissez-passer by ICAO officials

Whereas the Agreement between the United Nations and the International Civil Aviation Organization dated May 13, 1947,
contains no provision for the use by ICAO officials of the United Nations “laissez-passer”; and

Whereas pursuant to Resolution A1-2 of the First Assembly the Council of ICAO has negotiated with the United Nations
a Supplementary Agreement to the Agreement dated May 13, 1947, covering the use of the United Nations “laissez-
passer” by ICAO officials, and the said Supplementary Agreement is subject to the final approval of the Assembly;

The Assembly:

1. Approves the Supplementary Agreement to the Agreement between the United Nations and the International
Civil Aviation Organization, dated May 13, 1947, the said Supplementary Agreement covering the use of the United
Nations “laissez-passer” by ICAO officials; and

2. Authorizes the President of the Council subsequent to the approval of the said Supplementary Agreement by the
General Assembly of the United Nations, to sign with the appropriate official of the United Nations a protocol bringing the
Supplementary Agreement into force.

A5-5: Coordination of activities between the United Nations

and ICAO relating to emergency action to assist in the
maintenance of international peace and security

The Assembly,

Acting in accordance with the provisions of Article 64 of the Convention on International Civil Aviation entitled “Security
Arrangements” and Article 49(i) relating thereto;

Recalling (a) that under Article VII of the Agreement between the United Nations and the International Civil Aviation
Organization, the International Civil Aviation Organization agrees to cooperate with the Economic and Social Council in
furnishing such information and rendering such assistance to the Security Council as that Council may request, including
assistance in carrying out decisions of the Security Council for the maintenance and restoration of international peace and
security; (b) that Article XX of the Agreement between the United Nations and the International Civil Aviation Organization
foresaw the possibility of further arrangements being concluded between the United Nations and ICAO with respect to air
matters within the competence of the Organization directly affecting world security, as contemplated in the Convention on
International Civil Aviation;
I-56 Assembly Resolutions in Force

Taking note of General Assembly Resolution 377 (V), entitled “Uniting for Peace”, which provides that the General
Assembly may make recommendations to members for collective measures for the maintenance of International peace
and security if the Security Council fails to act; and

Taking note that, in accordance with the ECOSOC Resolution dated 14 March 1951 on emergency action, the Secretary-
General of the United Nations has consulted with the Secretary General of ICAO as to the specific arrangements that might
most appropriately be made to cover action on an emergency basis;

Therefore declares:

That the International Civil Aviation Organization agrees to cooperate with and to render all possible assistance to the
principal organs of the United Nations with respect to matters within the competence of the Organization directly affecting
international peace and security, as contemplated in the Convention on International Civil Aviation, due account being
taken of the special position of the members of the International Civil Aviation Organization who are not members of the
United Nations.

A9-16: Tenth Anniversary of the United Nations

The Assembly, noting that the United Nations will celebrate its Tenth Anniversary at San Francisco between 20 and
26 June 1955,

1. Expresses its deep appreciation of the contribution to world peace and welfare made by the United Nations; and

2. Reaffirms the intention of the International Civil Aviation Organization to cooperate fully with the United Nations
in accordance with the spirit of the Convention on International Civil Aviation and of the Charter of the United Nations and
with the terms of the Agreement establishing the relationship between the two organizations.

A27-17: Relationship between ICAO and Regional Civil

Aviation Bodies

Whereas in Resolution A10-5 the Assembly established a policy framework to govern relations, including financial
arrangements, between ICAO and the European Civil Aviation Conference (ECAC);

Whereas in Resolution A18-21 the Assembly, inter alia, invited the Council to extend such policy and arrangements to
other regional civil aviation bodies and in Resolution A21-8 invited regional bodies to consider inviting to their meetings
States not members of the body in question;

Whereas pursuant to Resolutions A10-5 and A18-21 ICAO has established a close and beneficial relationship with ECAC,
the African Civil Aviation Commission (AFCAC) and the Latin American Civil Aviation Commission (LACAC), which has
furthered the universal aims and objectives of the Convention on International Civil Aviation and facilitated the development
of regional fora within which States can cooperate and coordinate on air transport issues of common concern;

Whereas the financial arrangements incorporated in A10-5 should be modified to take account of changes in
circumstances since their adoption, the growth and development of the regional bodies and to allow those bodies to
assume full responsibility for their own financial affairs;
I. Constitutional and General Policy Matters I-57

Whereas the continued viability and operation of regional bodies serves the interests of international civil aviation;

The Assembly:

1. Resolves that:

a) the Organization supports the work and activities of any existing or future regional civil aviation bodies
wherever such support is requested by the regional body concerned and duly approved, taking into account
the resources of ICAO and the implementation of its Work Programme;

b) any financial support to regional civil aviation bodies by the Organization, such as in continued provision of
Secretariat services, should be approved by the Assembly as part of the Organization’s Regular Programme
budgets and identified in the Budget as support for regional bodies.

2. Directs the Council:

a) to conclude with each regional civil aviation body appropriate working arrangements that reflect the above
principles and ensure a close working relationship, including cooperation and coordination, harmonization of
Work Programmes to avoid unnecessary duplication and attendance at certain of each others’ meetings, as
agreed;

b) to incorporate in such working arrangements, wherever practicable and so agreed, provision for cost sharing
of common facilities and services to Member States; and

c) to give sympathetic consideration to requests by regional bodies for assistance in air transport matters of
regional interest.

3. Invites regional civil aviation bodies, pursuant to their rules of procedure, to give sympathetic consideration to the
possibility of inviting ICAO Contracting States not members of the regional body in question to participate as observers in
its meetings.

4. Declares that the present resolution supersedes Resolution A10-5, Resolving Clause 1 a) of Resolution A18-21
and Resolution A21-8.

A37-21: Cooperation with regional organizations and regional

civil aviation bodies

Whereas Resolution A1-10, which was adopted at the first Assembly in 1947 and is still applicable, authorizes the Council
to make appropriate arrangements with public international organizations whose activities affect international civil aviation,
through informal working arrangements, wherever practicable;

Whereas Resolution A27-17, pertaining to the relationship between ICAO and the regional civil aviation bodies states,
inter alia, that ICAO supports the work and activities of any existing or future regional civil aviation bodies and directs the
Council to conclude with each civil aviation body appropriate working arrangements;

Whereas in pursuance of these Resolutions, ICAO has developed various arrangements of cooperation with the regional
civil aviation bodies;
I-58 Assembly Resolutions in Force

Whereas ICAO’s Policy on Regional Cooperation provides that ICAO is committed to render assistance, advice and other
forms of support, to the extent possible, to Contracting States in carrying out their responsibilities pertaining to the
Convention on International Civil Aviation and ICAO Strategic Objectives; and

Whereas ICAO will implement its Policy on Regional Cooperation through close partnerships with regional organizations
and regional civil aviation bodies;

The Assembly:

1. Endorses ICAO’s Policy and Framework on Regional Cooperation;

2. Encourages regional organizations and regional civil aviation bodies to enter into suitable arrangements with
ICAO, in accordance with ICAO’s Policy and Framework on Regional Cooperation;

3. Urges States to support their regional organizations and regional civil aviation bodies in entering into suitable
arrangements with ICAO;

4. Encourages States to implement Standards and Recommended Practices of the Annexes to the Convention on
International Civil Aviation both individually and through regional cooperation;

5. Encourages States which do not have a regional body to endeavour to form one;

6. Directs the Council to ensure, through cooperative arrangements, that both ICAO and the regional civil aviation
bodies encourage States to harmonize operational regulations, requirements and procedures based on Standards and
Recommended Practices;

7. Requests the Secretary General to implement the Action Plan approved by the Council to improve cooperation
with regional organizations and regional civil aviation bodies;

8. Requests the Secretary General to establish a synergy between ICAO and each regional civil aviation body in
accordance with arrangements as reflected by Memoranda of Cooperation concluded by them, thereby obviating
duplication of work;

9. Requests the Secretary General to organize periodic meetings between ICAO and the regional civil aviation
bodies and periodic examination of progress; and

10. Requests that the Council deliver to the next ordinary session of the Assembly a report on the overall
implementation of ICAO’s Policy on Regional Cooperation and progress made.

A22-7: Statute of the Joint Inspection Unit

Having considered Resolution 31/192 of the General Assembly of the United Nations;

Having noted the limited value of the Joint Inspection Unit to ICAO because of the role played by the ICAO Council, which
supervises the activities of the Organization on a permanent basis;

Considering that it is appropriate, in order to maintain uniformity and coordination within the United Nations system of
organizations, that ICAO continue to use the services of the Joint Inspection Unit after 31 December 1977;
I. Constitutional and General Policy Matters I-59

The Assembly resolves:

1. to accept the Statute of the Joint Inspection Unit, which will continue to be responsible to the Council insofar as
the activities of the Unit relating to ICAO are concerned;

2. that the competence of the Unit shall continue to extend over the functions of the Secretary General, but not over
those of the Assembly, the Council and its subordinate bodies;

3. to authorize the Secretary General to transmit this resolution to the Secretary-General of the United Nations.

A21-12: International Civil Service Commission

Whereas the United Nations General Assembly, in Resolution 3042 (XXVII), decided to establish in principle an
International Civil Service Commission as an organ for the regulation and coordination of conditions of service in the United
Nations common system;

Whereas the Agreement between the United Nations and the International Civil Aviation Organization of 1 October 1947,
in Article XII, recognizes that the eventual development of a single unified international civil service is desirable from the
standpoint of effective administrative coordination; and

Whereas, according to Articles 58 and 65 of the Convention on International Civil Aviation, the Assembly has the power
to lay down rules under which the Council shall determine matters relating to the personnel of the Organization and to give
approval to the Council for entering into arrangements which may facilitate the work of the Organization,

The Assembly resolves that the Council, after considering the statutory and operational arrangements for the International
Civil Service Commission, is authorized to enter into such agreements or arrangements as may be appropriate in the interest
of the Organization.

A29-11: Use of space technology in the field of

air navigation

A40-17: Consolidated statement of continuing ICAO policies

and practices related to environmental protection —
General provisions, noise and local air quality

A40-18: Consolidated statement of continuing ICAO

policies and practices related to environmental
protection — Climate change
I-60 Assembly Resolutions in Force

A21 Decision: Resolutions of the United Nations concerning

invitations to liberation movements to attend
meetings of the Specialized Agencies

(see Doc 9119 A21-Min. P/1-12, p. 110, paragraph 19)

A38-6: Support of the ICAO policy on radio frequency

spectrum matters

A22-6: Participation of the Palestine Liberation

Organization (PLO) in ICAO as an observer

The Assembly,

Having considered the United Nations General Assembly’s Resolution 3237 of 22 November 1974 concerning the right of
the Palestine Liberation Organization to participate as an observer in the sessions and the work of the UN General
Assembly and all international conferences convened under the auspices of UN General Assembly and/or other organs
of the United Nations;

Noting that the Palestine Liberation Organization has been in effect participating, as an observer in the World Population
conference, the World Food conference, the United Nations conference on the Law of the Sea, the United Nations Crime
conference and the United Nations Habitat conference;

Noting also that the Palestine Liberation Organization has been participating as an observer, in the sessions and the work
of Food and Agriculture Organization, UNESCO, International Labour Organization and World Health Organization;

Considers that the Palestine Liberation Organization is entitled to participate as an observer:

a) In the sessions and the work of the ICAO Assembly and other international conferences convened under the
auspices of ICAO; and

b) In the regional meetings dealing with matters related to its territories;

Directs the Council to take the necessary steps for the implementation of this resolution.

GENERAL POLICY ON SPECIAL PROGRAMMES

A37-1: Principles for a code of conduct on the sharing and use

of safety information

Whereas ensuring the safety of international civil aviation is the responsibility of Member States both collectively and
individually;
I. Constitutional and General Policy Matters I-61

Whereas the Convention and its Annexes provide the legal and operational framework upon which Member States can
build a civil aviation safety system based on mutual trust and recognition, requiring that all Member States fulfil their
obligations in implementing the Standards and Recommended Practices (SARPs) and in adequately performing safety
oversight;

Recalling that mutual trust between States, as well as public confidence in the safety of air transportation is contingent
upon access to adequate information regarding the implementation of international SARPs;

Recalling that transparency and the sharing of such information are fundamental tenets of a safe air transportation system
and that one of the objectives of sharing information is to ensure a consistent, fact-based and transparent response to
safety concerns at the State and at the global levels;

Recognizing that the safety information in the possession of individual States, aviation industry and aviation organizations
regarding the existence of operational hazards has the potential to provide a clearer perspective on existing and emerging
areas of risk and the opportunity for timely interventions to improve safety when shared and acted upon collectively;

Recognizing that there is a need to develop principles of confidentiality and transparency to ensure that safety information
is used in an appropriate, fair and consistent manner, solely to improve aviation safety and not for inappropriate purposes,
including for the purpose of gaining economic advantage; and

Mindful that the use of such information for other than safety-related purposes may inhibit the provision of such information,
with an adverse effect on aviation safety;

The Assembly:

1. Instructs the Council to develop a Code of Conduct for the Sharing and Use of Safety Information based on the
following principles, among others:

a) Member States will collect and share relevant and appropriate safety information to ensure that they can
effectively discharge their individual and collective responsibilities for the safety of international civil aviation;

b) Member States will utilize safety information to assist in ensuring that operations under their oversight are
conducted in full compliance with applicable SARPs and other regulations;

c) Member States, aviation industry and aviation organizations will ensure that shared safety information is
used in an appropriate, fair and consistent manner, solely to improve aviation safety;

d) Member States, aviation industry and aviation organizations will use caution in disclosing information,
keeping in mind equally the need for transparency and the possibility that such disclosure may inhibit the
future provision of such information; and

e) Member States receiving safety information from another State, will agree to provide levels of confidentiality
and uphold principles for disclosure equivalent to those provided by the State generating the information.

A29-11: Use of space technology in the field of air navigation

Whereas the exploration and use of outer space for peaceful purposes is of great interest to international civil aviation and
affects matters falling within the Organization’s competence under the terms of the Chicago Convention;
I-62 Assembly Resolutions in Force

Whereas the General Assembly of the United Nations has recognized that the UN Specialized Agencies can perform
various useful functions with regard to space activities and that their interest should be welcomed and encouraged;

Whereas the principles for the participation by ICAO in programmes for the exploration and use of outer space have been
established at the 15th, 16th and 22nd Sessions of the Assembly;

Whereas ICAO is responsible for developing the position of international civil aviation on all matters related to the study
of questions involving the use of space technology for air navigation purposes, including the determination of international
civil aviation’s particular requirements in respect of the application of space technology;

Whereas in Resolution A22-20 the Assembly established the responsibility of ICAO for stating the position of international
civil aviation on all related outer space matters and requested the Council to continue its work in regard to the planning and
use of space technology for air navigation, and to take steps aimed at an active continuation of the work of determining the
operational and technical requirements for international satellite air navigation systems;

Whereas knowledge and further experience have been gained by States and International Organizations in the use of
space technology for air navigation, through work accomplished within the framework of ICAO on questions concerning
the use of space technology for air navigation purposes;

Whereas a global concept of future communications, navigation and surveillance/air traffic management (CNS/ATM)
systems based on satellite technology has been endorsed by ICAO Member States and approved by the Council;

Whereas, according to the ICAO CNS/ATM systems concept, use of satellite technology will assist in overcoming inherent
limitations in the existing air navigation systems and satisfy, on a global basis, international civil aviation requirements in the
foreseeable future; and

Noting the result of collaboration of Contracting States in using space technology for air navigation on a broad international
basis, and the need for such collaboration to continue in the future;

The Assembly:

1. Resolves that ICAO continue to be responsible for:

a) stating the position of international civil aviation on all related outer space matters; and

b) monitoring and coordinating the work performed by States on regional and global planning on these matters in
order that the introduction of the future ICAO CNS/ATM systems takes place in an orderly and efficient manner
globally and in a balanced way taking due account of safety as well as economic considerations;

2. Requests the Council to continue its work to determine the operational, technical, financial, managerial and legal
institutional requirements for global satellite systems for civil aviation purposes, taking due account of the provisions of
Resolution A27-10, Appendix J, regarding the coordination of aeronautical systems and subsystems;

3. Urges that Contracting States continue keeping the Organization informed regarding the programmes and the
progress achieved in the exploration and use of outer space that are of interest to international civil aviation;

4. Requests the Secretary General to ensure that the international civil aviation positions and requirements are made
known to all organizations dealing with relevant space activities and to continue to arrange for the Organization to be
represented at appropriate conferences and meetings connected with or affecting the particular interests of international civil
aviation in this field;

5. Declares that Resolution A22-20 is superseded by this resolution.

I. Constitutional and General Policy Matters I-63

A40-26: Commercial space transport (CST)

Whereas Article 44 of the Convention on International Civil Aviation states that among the aims and objectives of ICAO
are development of the principles and techniques of international air navigation and fostering of the planning and
development of international air transport so as to meet the needs of the people of the world for safe, regular and
economical air transport;

Whereas Article 37 of the Convention on International Civil Aviation states that the Organization “...shall adopt and amend
from time to time, as may be necessary, international standards and recommended practices and procedures dealing with
[…] and such other matters concerned with the safety, regularity, and efficiency of air navigation as may from time to time
appear appropriate.”

Whereas the Thirteenth Air Navigation Conference (AN-Conf/13) considered the technical aspects of commercial space
transport (CST), in particular its intersection with aviation and the Council endorsed the AN-Conf/13 Recommendation on
CST;

Recognizing the interrelation between international air and outer space law principles in regards to CST operations;

Recognizing the relevance of ICAO’s mandate in: the accommodation of CST in air space; the joint use of infrastructure;
the co-location of airports and spaceports; the use of aircraft as launchers; and the phases of flight of space vehicles that
use the interaction with the atmosphere to derive lift;

Recognizing the need to work closely with various United Nations entities, in particular the United Nations Office for Outer
Space Affairs (UNOOSA) and the United Nations Committee on the Peaceful Uses of Outer Space (COPUOS)

The Assembly:
1. Reaffirms the role of ICAO in developing policy guidance in the areas where international CST operations
intersect with international civil aviation in coordination with the United Nations Office for Outer Space Affairs;

2. Directs the Council to instruct the Secretary General to consult States on the role of ICAO and to further
coordinate with States, governmental and non-governmental organizations, the private sector, academia and the relevant
United Nations system entities to monitor the progress and evolution of commercial space transport and to address
emerging issues, including the impact on international civil aviation operations.

A41-20: Consolidated statement of continuing ICAO policies

and practices related to environmental protection —
General provisions, noise and local air quality

Whereas in Resolution A40-17 the Assembly resolved to continue to adopt at each ordinary Session a consolidated
statement of continuing ICAO policies and practices related to environmental protection;

Whereas Resolution A40-17 consists of an introductory text and a number of Appendices concerning specific but
interrelated subjects; and

Considering the need to reflect developments that have taken place since the 40th Session of the Assembly in the field of
aircraft noise and engine emissions;
I-64 Assembly Resolutions in Force

The Assembly:

1. Resolves that the Appendices attached to this Resolution and listed below, together with A41-21: Consolidated
statement of continuing ICAO policies and practices related to environmental protection – Climate change and A41-22:
Consolidated statement of continuing ICAO policies and practices related to environmental protection – Carbon Offsetting
and Reduction Scheme for International Aviation (CORSIA), constitute the consolidated statement of continuing ICAO
policies and practices related to environmental protection, as these policies exist at the close of the 41st Session of the
Assembly:

Appendix A — General

Appendix B — Development of Standards, Recommended Practices and Procedures and/or guidance

material relating to the quality of the environment

Appendix C — Policies and programmes based on a “balanced approach” to aircraft noise management

Appendix D — Phase-out of subsonic jet aircraft which exceed the noise levels in Volume I of Annex 16

Appendix E — Local noise-related operating restrictions at airports

Appendix F — Land-use planning and management

Appendix G — Supersonic aircraft — The problem of sonic boom

Appendix H — Aviation impact on local air quality

2. Requests the Council to submit the ICAO policies and practices related to environmental protection for review at
each ordinary session of the Assembly; and

3. Declares that this Resolution, together with A41-21: Consolidated statement of continuing ICAO policies and
practices related to environmental protection – Climate change, and A41-22: Consolidated statement of continuing ICAO
policies and practices related to environmental protection – Carbon Offsetting and Reduction Scheme for International
Aviation (CORSIA), supersede Resolutions A40-17, A40-18 and A40-19.

APPENDIX A

General

Whereas the preamble to the Convention on International Civil Aviation states that “the future development of international
civil aviation can greatly help to create and preserve friendship and understanding among the nations and peoples of the
world . . .” and Article 44 of that Convention states that ICAO should “develop the principles and techniques of international
air navigation and . . . foster the planning and development of international air transport so as to . . . meet the needs of the
peoples of the world for safe, regular, efficient and economical air transport”;

Whereas many of the adverse environmental effects of civil aviation activity can be reduced by the application of
comprehensive measures embracing technological improvements, more efficient air traffic management and operational
procedures, aircraft recycling, the use of clean, renewable and sustainable energy sources, the appropriate use of airport
planning, land-use planning and management, community engagement and market-based measures;

Whereas all ICAO Member States agreed to continue to pursue all aviation matters related to the environment and also
maintain the initiative in developing policy guidance on these matters, and not leave such initiatives to other organizations;
I. Constitutional and General Policy Matters I-65

Whereas other international organizations are emphasizing the importance of environmental policies affecting air
transport;

Whereas the sustainable growth of aviation is important for future economic growth and development, trade and
commerce, cultural exchange and understanding among peoples and nations; therefore prompt action must be taken to
ensure that it is compatible with the quality of the environment and develops in ways that alleviate adverse impacts;

Recognizing that the work of the Organization on the environment contributes to 14 of 17 United Nations Sustainable
Development Goals (SDGs);

Whereas reliable and best available information on the environmental effects of aviation is essential for the development
of policy by ICAO and its Member States;

Acknowledging that substantial progress has been achieved in addressing the effects of aviation on the environment, and
that aircraft produced today are 80 per cent more fuel efficient and 75 per cent quieter than they were in the 1960s;

Recognizing that new innovative technologies and energy sources for aviation are under development in a fast pace, and
much work by ICAO will be required to keep pace with the timely environmental certification of such new technologies, as
appropriate;

Whereas as far as there are recognized interdependencies of the environmental effects from aviation, such as noise and
engine emissions, they need to be considered when defining source control and operational mitigation policies;

Whereas airspace management and design can play a role in addressing the impacts of aviation greenhouse gas
emissions on the global climate, and the related economic and institutional issues need to be addressed by States, either
individually or collectively on a regional basis;

Whereas cooperation with other international organizations is important to progress the understanding of aviation’s
impacts on the environment and in order to develop the appropriate policies to address these impacts;

Recognizing the importance of a resilient air transport system that can adapt its infrastructure and operations to a changing
climate;

Recognizing the importance of research and development in fuel efficiency and aviation fuels that will enable international
air transport operations with a lower environmental impact, both in terms of local air quality and the global climate; and

Noting the importance of updated information on the present and future impact of aircraft noise and aircraft emissions, as
provided in the ICAO global environmental trends, to support decision-making on environmental matters;

The Assembly:

1. Declares that ICAO, as the lead United Nations (UN) agency in matters involving international civil aviation, is
conscious of and will continue to address the adverse environmental impacts that may be related to civil aviation activity,
and acknowledges its responsibility and that of its Member States to achieve maximum compatibility between the safe
and orderly development of civil aviation and the quality of the environment. In carrying out its responsibilities, ICAO and
its Member States will strive to:

a) limit or reduce the number of people affected by significant aircraft noise;

b) limit or reduce the impact of aviation emissions on local air quality;

c) limit or reduce the impact of aviation greenhouse gas emissions on the global climate; and
I-66 Assembly Resolutions in Force

d) ensure future resilience of air transport by adapting its infrastructure and operations to the consequences of
climate change.

2. Emphasizes the importance of ICAO continuing to demonstrate its leadership role on all international civil aviation
matters related to the environment and requests the Council to maintain the initiative in developing policy guidance on
these matters, which recognizes the seriousness of the challenges which the sector faces;

3. Requests the Council to continue to assess regularly the present and future impact of aircraft noise and aircraft
engine emissions and to continue to develop tools for this purpose;

4. Requests the Council to continue to closely follow-up innovative technologies and new energy sources for
aviation to prepare for the timely environmental certification of such technologies, as appropriate, including through the
ICAO Stocktaking process;

5. Welcomes the launch of the ICAO tracker tools on innovations that can generate in-sector CO2 emissions
reductions, and requests the Council to keep track and update the tools, as appropriate;

6. Requests the Council to maintain and update knowledge of the interdependencies and trade-offs related to
measures to mitigate the impact of aviation on the environment so as to optimize decision-making;

7. Requests the Council to establish a set of aviation environmental indicators which States could use to evaluate
the performance of aviation operations and the effectiveness of standards, policies and measures to mitigate aviation’s
impacts on the environment;

8. Requests the Council to disseminate information on the present and future impact and trends of aircraft noise,
aircraft fuel consumption, aviation system fuel efficiency, and aircraft engine Particulate Matter (PM) and Oxides of
Nitrogen (NOx) emissions, reflecting the work of the Organization, action plans submitted by States, the ICAO Global Air
Navigation Plan, ICAO Standards and Recommended Practices, and ICAO policy and guidance material in the
environmental field, in an appropriate manner, such as through regular reporting and workshops, including through
coordination with the ICAO Regional Offices;

9. Invites States to continue their active support for ICAO’s environment-related activities, and urges Member States
to support activities not foreseen in the budget by providing a reasonable level of voluntary contributions;

10. Invites States and international organizations to provide the necessary scientific information and data to enable
ICAO to substantiate its work in this field;

11. Welcomes the establishment of the ICAO Global Coalition on Sustainable Aviation as a forum of stakeholders to
facilitate the development of new ideas and accelerate the implementation of environmental innovative solutions, and
requests the Council to encourage more stakeholders to join the Coalition;

12. Encourages the Council to continue to cooperate closely with international organizations and other UN bodies
on the understanding of aviation impacts on the environment and on the establishment of policies to address such impacts;
and

13. Urges States to refrain from environmental measures that would adversely affect the orderly and sustainable
development of international civil aviation.
I. Constitutional and General Policy Matters I-67

APPENDIX B

Development of Standards, Recommended Practices and Procedures and/or guidance material

relating to the quality of the environment

Whereas the problem of aircraft noise in the vicinity of many of the world’s airports, which continues to arouse public
concern and limit airport infrastructure development, requires appropriate action;

Whereas the scientific community is improving the understanding of uncertainties associated with the environmental
impact of aircraft emissions at both the local and global levels, this impact remains a cause of concern and requires
appropriate action;

Recognizing that there are interdependencies related to technology, design and operations of aircraft when addressing
concerns related to noise, local air quality, and climate change;

Whereas the Council has established a Committee on Aviation Environmental Protection (CAEP) for the purpose of
assisting in the further development of Standards, Recommended Practices and Procedures and/or guidance material on
aircraft noise and engine emissions;

Whereas the Council has adopted Annex 16, Volume I — Aircraft Noise, which comprises noise certification Standards
for subsonic aircraft (except short take-off and landing and/or vertical take-off and landing aeroplanes) and has notified
Member States of this action;

Whereas the Council has adopted Annex 16, Volume II — Aircraft Engine Emissions, which comprises emissions
certification Standards for aircraft engines and has notified Member States of this action;

Whereas the Council has adopted Annex 16, Volume III — Aeroplane CO2 Emissions, which comprises CO2 emissions
certification Standards for aeroplanes and has notified Member States of this action;

Recognizing that the non-volatile particulate matter (nvPM) emissions certification Standard and CO2 emissions
certification Standard are a technical comparison of aviation technologies designed for use in nvPM emissions certification
and CO2 emissions certification processes, respectively, and were not designed to serve as a basis for operating
restrictions or emissions levies;

Whereas ICAO policy guidance on measures to address environmental concerns related to aircraft noise and engine
emissions has been developed, amended and published;

Recognizing the work of CAEP on its first independent expert integrated review of aircraft and engine technologies and
the development of medium-term (2027) and long-term (2037) technology goals for noise, fuel burn and emissions;

Acknowledging the need for the timely update and development of relevant ICAO environmental Standards and
Recommended Practices (SARPs) and guidance for new advanced aircraft technologies, as appropriate; and

Recognizing new innovative technologies and energy sources for aviation being under development in a fast pace,
including hybrid, electric and hydrogen aircraft;

The Assembly:

1. Welcomes the continuing benefits of the more stringent aircraft noise Standard in Annex 16, Volume I, Chapter 14
that became applicable on 31 December 2017 and 31 December 2020 for aircraft less than 55 tonnes maximum take-off
mass (MTOM);
I-68 Assembly Resolutions in Force

2. Welcomes the adoption by the Council in March 2014 of the new Standard for noise which became applicable
for tilt-rotors on or after 1 January 2018;

3. Welcomes the benefits of the ICAO aeroplane CO2 Standard which became applicable on 1 January 2020 for
new aeroplane types, except those new aeroplane types of less than or equal to 60 tonnes MTOM and with a maximum
passenger seating capacity of 19 seats or less, which will become applicable on 1 January 2023;

4. Welcomes the benefits of the ICAO aeroplane CO2 Standard which will become applicable on 1 January 2023
for in-production aeroplanes with a production cut-off date of 1 January 2028;

5. Welcomes the benefits of the initial nvPM mass emissions Standard for all turbofan and turbojet aircraft engines
with rated thrust greater than 26.7kN and for which the date of manufacture of the individual engine is on or after 1 January
2020;

6. Welcomes the adoption by the Council in March 2020 of the new mass and number Standard for non-volatile
particulate matter (nvPM) emissions that is applicable to new and in-production engine designs of rated thrust greater than
26.7 kN from 1 January 2023;

7. Urges States to recognize that the nvPM and CO2 emissions certification Standards were not designed to serve
as a basis for operating restrictions or emissions levies;

8. Requests the Council, with the assistance and cooperation of other bodies of the Organization and of other
international organizations, to continue with vigour the work related to the development of Standards, Recommended
Practices and Procedures and/or guidance material dealing with the impact of aviation on the environment;

9. Requests the Council to closely follow-up innovative technologies and new energy sources for aviation to prepare
for the timely environmental certification of such technologies, as appropriate;

10. Requests the Council to ensure that CAEP pursues its work programme in the noise and emissions fields
expeditiously in order that appropriate solutions can be developed as quickly as possible, and that the necessary resources
are made available to do so;

11. Urges Member States from regions of the world that are currently under-represented in CAEP to participate in
the Committee’s work;

12. Requests the Council to provide States and international organizations information on available measures to
reduce the impact of aviation operations on the environment so that action can be taken using the appropriate measures;

13. Urges Member States to follow, where appropriate, the ICAO provisions developed pursuant to Resolving
Clause 8 of this Appendix; and

14. Requests the Council to continue the work on developing and employing scenarios for assessing the future
environmental impact of aviation emissions and to cooperate with other international organizations in this area.

APPENDIX C

Policies and programmes based on a “balanced approach” to aircraft noise management

Whereas a goal of ICAO is to promote the highest practicable degree of consistency in international civil aviation, including
environmental regulations;
I. Constitutional and General Policy Matters I-69

Whereas the uncoordinated development of national and regional policies and programmes for the alleviation of aircraft
noise could hinder the role of civil aviation in economic development;

Whereas the severity of the aircraft noise problem at many airports has given rise to measures which limit aircraft
operations and has provoked vigorous opposition to the expansion of existing airports or construction of new airports;

Whereas ICAO has accepted full responsibility for pursuing a course aimed at achieving maximum compatibility between
the safe, economically effective and orderly development of civil aviation and the quality of the environment, and is actively
pursuing the concept of a “balanced approach” for the reduction of aircraft noise and guidance on how States might apply
such an approach;

Whereas the balanced approach to noise management developed by ICAO consists of identifying the noise problem at
an airport and then analysing the various measures available to reduce noise through the exploration of four principal
elements, namely reduction at source, land-use planning and management, noise abatement operational procedures and
operating restrictions, with the goal of addressing the noise problem in the most cost-effective manner;

Whereas the assessment of present and future impact of aviation noise is an essential tool for the development of policy
by ICAO and its Member States;

Whereas the process for implementation and decisions between elements of the balanced approach is for Member States
and it is ultimately the responsibility of individual States to develop appropriate solutions to the noise problems at their
airports, with due regard to ICAO rules and policies;

Whereas ICAO Circular 351, Community Engagement for Aviation Environmental Management, highlights the role of
community engagement as an essential component of a comprehensive noise management policy;

Whereas the ICAO guidance developed to assist States in implementing the balanced approach [Guidance on the
Balanced Approach to Aircraft Noise Management (Doc 9829)] has been subsequently updated;

Recognizing that solutions to noise problems need to be tailored to the specific characteristics of the airport concerned,
which calls for an airport-by-airport approach, and that similar solutions could be applied if similar noise problems are
identified at airports;

Recognizing that measures to address noise may have significant cost implications for operators and other stakeholders,
particularly those from developing countries;

Recognizing that States have relevant legal obligations, existing agreements, current laws and established policies which
may influence their implementation of the ICAO “balanced approach”;

Recognizing that some States may also have wider policies on noise management;

Recognizing the approval of the new Manual on Operational Opportunities to Reduce Aircraft Noise (Doc 10177);

Considering that the improvements in the noise climate achieved at many airports through the replacement of Chapter 2-
compliant aircraft (aircraft which comply with the noise certification Standards in Volume I, Chapter 2 of Annex 16 but
which exceed the noise levels in Volume I, Chapter 3 of Annex 16) by quieter aircraft should be safeguarded by taking
account of the sustainability of future growth and should not be eroded by incompatible urban encroachment around
airports; and

Take note that the CAEP analysis of trends in aircraft noise show that, under an advanced technology improvements
scenario, an increase in aircraft operations may no longer result in an increase in noise contour area after 2030, if a
number of ambitious actions are carried out by ICAO Member States to realize this scenario;
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The Assembly:

1. Calls upon all ICAO Member States and international organizations to recognize the leading role of ICAO in
dealing with the problems of aircraft noise;

2. Welcomes the progress achieved to date in addressing aircraft noise and encourages States, manufacturers and
operators to continue to engage in the work of ICAO in addressing aircraft noise, and to continue to pursue technologies
and policies that reduce the impact of aircraft noise in the communities that surround airports;

3. Urges States to:

a) adopt a balanced approach to noise management, taking full account of ICAO guidance (Doc 9829), relevant
legal obligations, existing agreements, current laws and established policies, when addressing noise
problems at their international airports;

b) institute or oversee a transparent process when considering measures to alleviate noise, including:

1) assessment of the noise problem at the airport concerned based on objective, measurable criteria and
other relevant factors;

2) evaluation of the likely costs and benefits of the various measures available and, based on that evaluation,
selection of measures with the goal to achieve maximum environmental benefit most cost-effectively; and

3) provision for dissemination of the evaluation results, for consultation with stakeholders and for dispute
resolution;

4. Encourages States to:

a) promote and support studies, research and technology programmes aimed at reducing noise at source or by
other means taking into account interdependencies with other environmental concerns;

b) apply land-use planning and management policies to limit the encroachment of incompatible development
into noise-sensitive areas and mitigation measures for areas affected by noise, consistent with Appendix F to
this Resolution;

c) apply noise abatement operational procedures, to the extent possible without affecting safety and considering
interdependencies with other environmental concerns; and

d) not apply operating restrictions as a first resort but only after consideration of the benefits to be gained from
other elements of the balanced approach and in a manner which is consistent with Appendix E to this
Resolution and taking into account the possible impact of such restrictions at other airports;

5. Requests States to:

a) work closely together to ensure the harmonization of programmes, plans and policies to the extent possible;

b) engage with communities on a timely and consistent basis, as per the principles defined in ICAO Circular 351;

c) ensure that the application of any measures to alleviate noise are consistent with the non-discrimination
principle in Article 15 of the Chicago Convention; and

d) take into consideration the particular economic conditions of developing countries;

I. Constitutional and General Policy Matters I-71

6. Invites States to keep the Council informed of their policies and programmes to alleviate the problem of aircraft
noise in international civil aviation;

7. Requests the Council to:

a) assess continuously the evolution of the impact of aircraft noise;

b) ensure that the guidance on the balanced approach in Doc 9829 is current and responsive to the requirements
of States;

c) ensure that appropriate guidance on community engagement is made available to States and maintained;
and

d) promote the use of the balanced approach, for example through workshops; and

8. Calls upon States to provide appropriate support for this work on ICAO guidance and any additional work on
methodologies, and for the assessment of the impact or effectiveness of measures under the balanced approach as
necessary.

APPENDIX D

Phase-out of subsonic jet aircraft which exceed the noise levels in Volume I of Annex 16

Whereas certification Standards for subsonic jet aircraft noise levels are specified in Volume I of Annex 16;

Whereas for the purpose of this Appendix, a phase-out is defined as withdrawal of a noise-based category of aircraft from
international operations at all airports in one or more States;

Whereas the Committee on Aviation Environmental Protection has concluded that a general phase-out of Chapter 3 aircraft
operations by all the countries which imposed a phase-out on operations of Chapter 2 aircraft is not supported on cost-
benefit grounds and had undertaken the work that led to the recommendation of a new noise certification Standard in
Volume I of Annex 16 on the understanding that a new phase-out should not be considered;

Whereas some States have implemented or initiated phase-outs of aircraft which exceed the noise levels in Volume I,
Chapter 3 of Annex 16, or are considering so doing;

Recognizing that the noise Standards in Annex 16 are not intended to introduce operating restrictions on aircraft;

Recognizing that operating restrictions on existing aircraft may increase the costs of airlines and could impose a heavy
economic burden, particularly on aircraft operators which may not have the financial resources to re-equip their fleets,
such as those from developing countries; and

Considering that resolution of problems due to aircraft noise must be based on the mutual recognition of the difficulties
encountered by States and a balance among their different concerns;

The Assembly:

1. Urges States not to introduce any phase-outs of aircraft which exceed the noise levels in Volume I, Chapter 3 of
Annex 16 before considering:

a) whether the normal attrition of existing fleets of such aircraft will provide the necessary protection of noise
climates around their airports;
I-72 Assembly Resolutions in Force

b) whether the necessary protection can be achieved by regulations preventing their operators from adding
such aircraft to their fleets through either purchase, or lease/charter/interchange, or alternatively by
incentives to accelerate fleet modernization;

c) whether the necessary protection can be achieved through restrictions limited to airports and runways, the
use of which has been identified and declared by them as generating noise problems and limited to time
periods when greater noise disturbance is caused; and

d) the implications of any restrictions for other States concerned, consulting these States and giving them
reasonable notice of intention;

2. Urges States which, despite the considerations in Resolving Clause 1 above, decide to phase out aircraft which
comply with the noise certification Standards in Volume I, Chapter 2 of Annex 16 but which exceed the noise levels in
Volume I, Chapter 3 of Annex 16:

a) to frame any restrictions so that Chapter 2-compliant aircraft of an individual operator, which are presently
operating to their territories, may be withdrawn from these operations gradually over a period of not less
than seven years;

b) not to restrict before the end of the above period the operations of any aircraft less than 25 years after the
date of issue of its first individual certificate of airworthiness;

c) not to restrict before the end of the period the operations of any presently existing wide-body aircraft or of
any fitted with engines that have a by-pass ratio higher than 2 to 1; and

d) to inform ICAO, as well as the other States concerned, of all restrictions imposed;

3. Strongly encourages States to continue to cooperate bilaterally, regionally and inter-regionally with a view to:

a) alleviating the noise burden on communities around airports without imposing severe economic hardship on
aircraft operators; and

b) taking into account the problems of operators of developing countries with regard to Chapter 2 aircraft
presently on their register, where they cannot be replaced before the end of the phase-out period, provided
that there is proof of a purchase order or leasing contract placed for a replacement Chapter 3-compliant
aircraft and the first date of delivery of the aircraft has been accepted;

4. Urges States not to introduce measures to phase out aircraft which comply, through original certification or
recertification, with the noise certification Standards in Volume I, Chapters 3, 4 or any more recent Chapter of Annex 16;

5. Urges States not to impose any operating restrictions on Chapter 3-compliant aircraft, except as part of the
balanced approach to noise management developed by ICAO and in accordance with Appendices C and E to this
Resolution; and

6. Urges States to assist aircraft operators in their efforts to accelerate fleet modernization and thereby prevent
obstacles and permit all States to have access to lease or purchase aircraft compliant with Chapter 3, including the
provision of multilateral technical assistance where appropriate.
I. Constitutional and General Policy Matters I-73

APPENDIX E

Local noise-related operating restrictions at airports

Whereas certification Standards for subsonic jet aircraft noise are specified in Volume I of Annex 16;

Whereas for the purposes of this Appendix an operating restriction is defined as any noise-related action that limits or
reduces an aircraft’s access to an airport;

Whereas Appendix C to this Resolution calls for States to adopt a balanced approach to noise management when
addressing noise problems at their international airports;

Whereas further reductions in noise at source are expected as a result of the adoption of new noise certification Standards
in Volume I of Annex 16 and through the assimilation of noise reduction technology in the fleet;

Whereas at many airports, land-use planning and management and noise abatement operational procedures are already
being used and other noise mitigation measures are in place, although urban encroachment continues in certain cases;

Whereas implementation of the phase-out of aircraft which comply with the noise certification Standards in Volume I,
Chapter 2 of Annex 16 but which exceed the noise levels in Volume I, Chapter 3 of Annex 16 (as provided for in Appendix D
to this Resolution) has been completed in some States and, assuming continued growth in aviation activity, without further
action the number of people exposed to aircraft noise at some airports in those States may increase;

Whereas there are significant regional differences in the extent to which aircraft noise is expected to be a problem over
the next two decades and some States have consequently been considering placing operating restrictions on certain
aircraft which comply with the noise certification Standards in Volume I, Chapter 3 of Annex 16;

Whereas if operating restrictions on Chapter 3 aircraft are introduced at certain airports, this should be based on the
balanced approach and relevant ICAO guidance (Doc 9829) and should be tailored to the specific requirements of the
airport concerned;

Whereas these restrictions could have a significant economic impact on fleet investments of aircraft operators from States
other than those in which the restrictions are imposed;

Recognizing that these restrictions go beyond the policy established in Appendix D to this Resolution and other relevant
policy guidance developed by ICAO;

Recognizing that ICAO places no obligation on States to impose operating restrictions on Chapter 3 aircraft;

Recognizing that the noise Standards in Annex 16 were not intended to introduce operating restrictions on aircraft and,
specifically, that the Standards contained in Annex 16, Volume I, Chapter 4 and Chapter 14, and any further stringency
levels adopted by the Council, are based on the understanding that it is for certification purposes only; and

Recognizing in particular that States have legal obligations, laws, existing arrangements and established policies which
may govern the management of noise problems at their airports and could affect the implementation of this Appendix;
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The Assembly:

1. Urges States to ensure, wherever possible, that any operating restrictions be adopted only where such action is
supported by a prior assessment of anticipated benefits and of possible adverse impacts;

2. Urges States not to introduce any operating restrictions at any airport on aircraft which comply with Volume I,
Chapter 3 of Annex 16 before:

a) completing the phase-out of aircraft which exceed the noise levels in Volume I, Chapter 3 of Annex 16, at
the airport concerned; and

b) fully assessing available measures to address the noise problem at the airport concerned in accordance with
the balanced approach described in Appendix C;

3. Urges States which, despite the considerations in Resolving Clause 2 above, permit the introduction of
restrictions at an airport on the operations of aircraft which comply, either through original certification or recertification,
with Volume I, Chapter 3 of Annex 16:

a) to base such restrictions on the noise performance of the aircraft, as determined by the certification
procedure conducted consistent with Annex 16, Volume I;

b) to tailor such restrictions to the noise problem of the airport concerned in accordance with the balanced
approach;

c) to limit such restrictions to those of a partial nature wherever possible, rather than the complete withdrawal
of operations at an airport;

d) to take into account possible consequences for air transport services for which there are no suitable
alternatives (for example, long-haul services);

e) to consider the special circumstances of operators from developing countries, in order to avoid undue
hardship for such operators, by granting exemptions;

f) to introduce such restrictions gradually over time, where possible, in order to take into account the economic
impact on operators of the affected aircraft;

g) to give operators a reasonable period of advance notice;

h) to take account of the economic and environmental impact on civil aviation; and

i) to inform ICAO, as well as the other States concerned, of all such restrictions imposed; and

4. Further urges States not to permit the introduction of any operating restrictions aimed at the withdrawal of aircraft
that comply, through either original certification or recertification, with the noise Standards in Volume I, Chapter 4 and
Chapter 14 of Annex 16 and any further stringency levels adopted by the Council.
I. Constitutional and General Policy Matters I-75

APPENDIX F

Land-use planning and management

Whereas land-use planning and management is one of the four principal elements of the balanced approach to noise
management;

Whereas the number of people affected by aircraft noise is dependent on the way in which the use of land surrounding an
airport is planned and managed, and in particular the extent to which residential development and other noise sensitive
activities are controlled;

Whereas activity may increase significantly at most airports and there is a risk that future growth may be constrained by
inappropriate land use near airports;

Whereas the phase-out of subsonic jet aircraft which comply with the noise certification Standards in Volume I, Chapter 2
of Annex 16 but which exceed the noise levels in Volume I, Chapter 3 of Annex 16 has succeeded at many airports in
reducing the size of the noise contours depicting the areas where people are exposed to unacceptable noise levels, as
well as in reducing the total number of people exposed to noise;

Considering it essential that these improvements should be preserved to the greatest extent practicable for the benefit of
local communities;

Recognizing that the Standard contained in Annex 16, Volume I, Chapter 4 has increased the opportunities for operators
to replace aircraft in their fleets by quieter aircraft;

Recognizing that the Standard contained in Annex 16, Volume I, Chapter 14, when implemented, will increase the
opportunities for operators to replace aircraft in their fleets by quieter aircraft;

Recognizing that while land-use management includes planning activities that may primarily be the responsibility of local
authorities, it nevertheless affects airport capacity, which in turn has implications for civil aviation;

Recognizing that the update of the guidance material on appropriate land-use planning and noise mitigation measures is
included in the Airport Planning Manual (Doc 9184), Part 2 — Land Use and Environmental Management;

Recognizing that the ICAO Circular 351 Community Engagement on Aviation Environmental Management complements
the current policy of aircraft noise management at and around airports;

Recognizing the Eco-Airport Toolkit e-collection as a useful resource for environmentally sound management policies at
and around airports; and

Recognizing that emerging technology aircraft, such as drones and remotely piloted aircraft systems (RPAS) may present
noise impacts in areas beyond the land surrounding an airport;

The Assembly:

1. Urges States that have phased out operations of Chapter 2 aircraft at their airports as provided for in Appendix D
to this Resolution, while preserving the benefits for local communities to the greatest extent practicable, to avoid
inappropriate land use or encroachment whenever possible in areas where reductions in noise levels have been achieved;

2. Urges States to ensure that the potential reductions in noise levels to be gained from the introduction of quieter
aircraft, particularly those complying with the Chapter 4 Standard, are also not avoidably compromised by inappropriate
land use or encroachment;
I-76 Assembly Resolutions in Force

3. Urges States, where the opportunity still exists to minimize aircraft noise problems through preventive measures,
to:

a) locate new airports at an appropriate place, such as away from noise-sensitive areas;

b) take the appropriate measures so that land-use planning is taken fully into account at the initial stage of any
new airport or of development at an existing airport;

c) define zones around airports associated with different noise levels taking into account population levels and
growth as well as forecasts of traffic growth and establish criteria for the appropriate use of such land, taking
account of ICAO guidance;

d) enact legislation, establish guidance or other appropriate means to achieve compliance with those criteria
for land use; and

e) ensure that reader-friendly information on aircraft operations and their environmental effects is available to
communities near airports;

4. Requests the Council to:

a) ensure that the guidance on land use in Doc 9184 is current and responsive to the requirements of States;
and

b) consider what steps might be taken to promote land-use management, particularly in those parts of the
world where the opportunity may exist to avoid aircraft noise problems in the future, including through the
Eco-Airport Toolkit e-collection.

APPENDIX G

Supersonic aircraft — the problem of sonic boom

Whereas since the introduction of supersonic aircraft in commercial service action has been taken to avoid creating
unacceptable situations for the public due to sonic boom, such as interference with sleep and injurious effects to persons
and property on land and at sea caused by the magnification of the sonic boom;

Whereas the States involved in the manufacture of such supersonic aircraft, as well as other States, continue to carry out
research into the physical, physiological and sociological effects of sonic boom;

Recognizing the ongoing work to develop a new supersonic noise Standard for future aircraft, and the work to understand
the current state of sonic boom knowledge, research and supersonic aeroplane projects; and

Recognizing that the airworthiness certification of a supersonic aeroplane could occur in the 2020-2025 timeframe, and
the need for an exploratory study to provide better understanding of airport noise impacts resulting from the introduction
of supersonic aircraft;

The Assembly:

1. Reaffirms the importance it attaches to ensuring that no unacceptable situation for the public is created by sonic
boom from supersonic aircraft;
I. Constitutional and General Policy Matters I-77

2. Instructs the Council, in the light of the available information and availing itself of the appropriate machinery, to
review the Annexes and other relevant documents, so as to ensure that they take due account of the problems which the
operation of supersonic aircraft may create for the public and, in particular, as regards sonic boom, to take action to
achieve international agreement on measurement of the sonic boom, the definition in quantitative or qualitative terms of
the expression “unacceptable situations for the public” and the establishment of the corresponding limits; and

3. Invites the States involved in the manufacture of supersonic aircraft to furnish ICAO in due course with proposals
on the manner in which any specifications established by ICAO could be met.

APPENDIX H

Aviation impact on local air quality

Whereas there are growing concerns about the impact of aviation on the atmosphere with respect to local air quality and
the associated human health and welfare impacts;

Whereas the evidence of this impact from emissions of NOx and particulate matter (PM) from aircraft engines on local
surface and regional air quality is now more compelling;

Recognizing that the scientific community is improving the understanding of uncertainties associated with the impact from
emissions of NOx and PM from aircraft engines on the global climate;

Recognizing that there are interdependencies related to design and operations of aircraft when addressing concerns
related to noise, local air quality, and climate change;

Recognizing that ICAO has established technical Standards and fostered the development of operational procedures that
have reduced significantly local air pollution from aircraft;

Whereas many pollutants such as soot and unburned hydrocarbons from aircraft engines affecting local and regional air
quality, have declined dramatically over the last few decades;

Whereas progress in operational procedures such as continuous descent operations has resulted in further reduction of
emissions from aircraft;

Whereas an assessment of trends in aviation emissions of NOx, PM, and other gaseous emissions shows increasing
global emissions values;

Whereas the impacts of aviation emissions of NOx, PM, and other gaseous emissions need to be further assessed and
understood;

Recognizing the robust progress made in understanding impacts of non-volatile components of PM emissions while the
scientific and technical work continues on better assessment of volatile components of PM emissions;

Whereas the impacts of aviation emissions on local and regional air quality are part of the total emissions in the affected
area and should be considered in the broader context of all sources that contribute to the air quality concerns;

Whereas the actual local air quality and health impacts of aviation emissions depend on a series of factors among which
are the contribution to the total concentrations and the number of people exposed in the area being considered;
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Whereas Article 15 of the Convention on International Civil Aviation contains provisions regarding airport and similar
charges, including the principle of non-discrimination, and ICAO has developed policy guidance for Member States
regarding charges (ICAO’s Policies on Charges for Airports and Air Navigation Services, Doc 9082) including specific
guidance on noise-related charges and emissions-related charges for local air quality;

Whereas the ICAO Council had adopted on 9 December 1996 a policy statement of an interim nature on emissions-related
charges and taxes in the form of a resolution wherein the Council strongly recommends that any such levies be in the form
of charges rather than taxes, and that the funds collected should be applied in the first instance to mitigating the
environmental impact of aircraft engine emissions;

Whereas such charges should be based on the costs of mitigating the environmental impact of aircraft engine emissions
to the extent that such costs can be properly identified and directly attributed to air transport;

Whereas the ICAO Council has adopted policy and guidance material related to the use of emissions-related charges to
address the impact of aircraft engine emissions at or around airports;

Noting that the ICAO Council has published information on environmental management systems (EMS) that are in use by
aviation stakeholders; and

Noting that the ICAO Council has developed an Airport Air Quality Manual which has been subsequently updated;

The Assembly:

1. Requests the Council to monitor and develop its knowledge of, in cooperation with other relevant international
organizations such as WHO, the effects of aviation emissions of PM, NOx and other gases on human welfare and health,
and to disseminate information in this regard;

2. Requests the Council to continue its work to develop technologically feasible, environmentally beneficial and
economically reasonable standards to further reduce the impact of local air pollution from aircraft;

3. Requests the Council to continue to monitor progress in scientific and technical understanding of volatile and
non-volatile components of PM emissions;

4. Requests the Council to ensure that the interdependencies between measures to reduce aircraft noise and
engine emissions that affect local air quality as well as the global climate are given due consideration;

5. Requests the Council to continue its work to develop integrated medium- and long-term technology goals for the
reduction of fuel burn, noise and aircraft engine emission of NOx and nvPM; and operational goals for the reduction of fuel
burn;

6. Requests the Council to continue to foster operational and air traffic improvements that reduce the impact of local
air pollution from aircraft;

7. Encourages action by Member States, and other parties involved, to limit or reduce international aviation
emissions affecting local air quality through voluntary measures and to keep ICAO informed;

8. Welcomes the development and promotion of guidance material on issues related to the assessment of airport-
related air quality;

9. Requests the Council to work with States and stakeholders in promoting and sharing best practices applied at
airports in reducing the adverse effects of aviation emissions on local air quality;
I. Constitutional and General Policy Matters I-79

10. Welcomes the development of the guidance on emissions charges related to local air quality and requests the
Council to keep up to date such guidance and urges Member States to share information on the implementation of such
charges; and

11. Urges Member States to ensure the highest practical level of consistency and take due account of ICAO policies
and guidance on emissions charges related to local air quality.

A41-21: Consolidated statement of continuing ICAO

policies and practices related to environmental
protection — Climate change

Whereas ICAO and its Member States recognize the critical importance of providing continuous leadership to international
civil aviation in limiting or reducing its emissions that contribute to global climate change;

Reemphasizing the vital role which international aviation plays in global economic and social development and the need
to ensure that international aviation continues to develop in a sustainable manner;

Acknowledging that the work of the Organization on the environment contributes to 14 of the 17 United Nations Sustainable
Development Goals (SDGs), including SDG 13 “Take urgent action to combat climate change and its impacts”;

Whereas a comprehensive assessment of aviation’s impact on the atmosphere is contained in the special report on
Aviation and the Global Atmosphere, published in 1999, which was prepared at ICAO’s request by the Intergovernmental
Panel on Climate Change (IPCC);

Whereas the IPCC special report recognized that the effects of some types of aircraft emissions are well understood, it
revealed that the effects of others are not, and identified a number of key areas of scientific uncertainty that limit the ability
to project aviation’s full impacts on climate and ozone; the Organization will update the information contained in the IPCC
special report;

Acknowledging that international aviation emissions continue to account for less than 2 per cent of total global CO2
emissions, and they are projected to increase as a result of the continued growth of air transport, unless action for
emissions reduction is taken;

Whereas the ultimate objective of the United Nations Framework Convention on Climate Change (UNFCCC) is to achieve
stabilization of greenhouse gas (GHG) concentrations in the atmosphere at a level that would prevent dangerous
anthropogenic interference with the climate system;

Whereas the Kyoto Protocol, which was adopted by the Conference of the Parties to the UNFCCC in December 1997 and
entered into force on 16 February 2005, calls for developed countries (Annex I Parties) to pursue limitation or reduction of
greenhouse gases from “aviation bunker fuels” (international aviation) working through ICAO (Article 2.2);

Whereas the Paris Agreement, which was adopted by the Conference of the Parties to the UNFCCC in December 2015,
enhances the implementation of the UNFCCC including its objective, and aims to strengthen the global response to the
threat of climate change, in the context of sustainable development and efforts to eradicate poverty, including by holding
the increase in the global average temperature to well below 2°C above pre-industrial levels and pursuing efforts to limit
the temperature increase to 1.5°C above pre-industrial levels, recognizing that this would significantly reduce the risks and
impacts of climate change;
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Whereas the Glasgow Climate Pact, which was adopted by the Conference of the Parties to the UNFCCC in November
2021, reaffirms the long-term global goal to hold the increase in the global average temperature to well below 2°C above
pre-industrial levels and to pursue efforts to limit the temperature increase to 1.5°C above pre-industrial levels, recognizing
that this would significantly reduce the risks and impacts of climate change, and the Glasgow Climate Pact also recognizes
that the impacts of climate change will be much lower at the temperature increase of 1.5°C compared with 2°C and
resolves to pursue efforts to limit the temperature increase to 1.5°C;

Recognizing the global aspirational goals for the international aviation sector of improving fuel efficiency by 2 per cent per
annum and keeping the net carbon emissions from 2020 at the same level, as adopted by the ICAO Assembly at its 37th
Session in 2010 and reaffirmed at its 38th, 39th and 40th Sessions in 2013, 2016 and 2019, respectively;

Acknowledging the substantial ICAO work undertaken to explore the feasibility of a long-term global aspirational goal
(LTAG) for international aviation in light of the 2°C and 1.5°C temperature goals of the Paris Agreement;

Recognizing the information-sharing and consultative process on the feasibility of an LTAG for international aviation,
including the ICAO stocktaking on aviation in-sector CO2 emissions reduction, and the convening of ICAO Global Aviation
Dialogues (GLADs) and the High-level Meeting on the Feasibility of a Long-Term Aspirational Goal for International
Aviation CO2 Emission Reductions, since the 40th Session of the ICAO Assembly;

Recognizing that the ICAO Report on the Feasibility of a Long-Term Aspirational Goal for International Civil Aviation CO2
Emission Reductions, which assessed the technical feasibility of various aviation in-sector CO2 emissions reduction
scenarios, serves as the basis for the consideration of the LTAG;

Recognizing that the global aspirational goals for the international aviation sector of improving fuel efficiency by 2 per cent
per annum and keeping the net carbon emissions from 2020 at the same level do not deliver the level of reduction
necessary to reduce aviation’s absolute emissions contribution to climate change, and that goals of more ambition are
needed to deliver a sustainable path for aviation;

Affirming that addressing GHG emissions from international aviation requires the active engagement and cooperation of
States and the industry, and noting the collective commitments announced by Airports Council International (ACI), Civil
Air Navigation Services Organisation (CANSO), International Air Transport Association (IATA), International Business
Aviation Council (IBAC) and International Coordinating Council of Aerospace Industries Associations (ICCAIA) on behalf
of the international air transport industry, to continuously improve CO2 efficiency by an average of 1.5 per cent per annum
from 2009 until 2020, to achieve carbon neutral growth from 2020 and to achieve a long-term goal of net-zero carbon
emissions by 2050;

Recalling the UNFCCC and the Paris Agreement and acknowledging its principle of common but differentiated
responsibilities and respective capabilities, in light of different national circumstances;

Also acknowledging the principles of non-discrimination and equal and fair opportunities to develop international aviation
set forth in the Chicago Convention;

Recognizing that this Resolution does not set a precedent for or prejudge the outcome of negotiations under the UNFCCC
or the Paris Agreement, nor represent the position of the Parties to those agreements;

Noting that, to promote sustainable growth of international aviation and to achieve its global aspirational goals, a
comprehensive approach, consisting of a basket of measures including technology, sustainable aviation fuels, operational
improvements and market-based measures to reduce emissions and possible evolution of Standards and Recommended
Practices (SARPs), is necessary;

Acknowledging the significant technological progress made in the aviation sector, with aircraft produced today being about
80 per cent more fuel efficient per passenger kilometre than in the 1960s, while observing an unprecedented level of
emerging new technologies and innovations towards green aviation transition;
I. Constitutional and General Policy Matters I-81

Acknowledging the adoption of the CO2 emissions certification Standard for aeroplanes by the Council in March 2017, and
the need to keep this Standard up to date based on the latest aircraft efficiency technology improvements;

Acknowledging the need for the timely update and development of relevant ICAO environmental SARPs and guidance for
new advanced aircraft technologies, as appropriate;

Recognizing the work being undertaken to consider the environmental aspects of aircraft end-of-life such as through
aircraft recycling;

Recognizing that air traffic management (ATM) measures under the ICAO Global Air Navigation Plan contribute to
enhanced operational efficiency and the reduction of aircraft CO2 emissions;

Welcoming the assessment of the environmental benefits of the Aviation System Block Upgrades (ASBUs) completed for
Block 0 and Block 1, and the results of the global horizontal and vertical flight efficiency analysis;

Welcoming the convening of the ICAO Seminars on Green Airports in November 2017, May 2019 and November 2021,
and recognizing the important role of airports in the distribution of new innovative sources of energy to air transport;

Noting that the first Conference on Aviation and Alternative Fuels in November 2009 (CAAF/1) endorsed the use of
sustainable aviation fuels, particularly the use of drop-in fuels in the short- to mid-term, as an important means of reducing
aviation emissions;

Also noting that the CAAF/1 established an ICAO Global Framework for Aviation Alternative Fuels (GFAAF) through which
progress has been registered, including the increasing number of fuel conversions processes, and airports distributing
such fuels for more commercial flights;

Further noting that the second Conference on Aviation and Alternative Fuels in October 2017 (CAAF/2) adopted
recommendations and approved a declaration, including the 2050 ICAO Vision for Sustainable Aviation Fuels, as a living
inspirational path for a significant proportion of aviation fuels to be substituted with sustainable aviation fuels by 2050, and
the need to update the 2050 ICAO Vision to include a quantified proportion of such fuels to be used by 2050;

Recognizing that the technological feasibility of drop-in sustainable aviation fuels is proven and such fuels are expected
to have the largest impact on aviation CO2 emissions reduction by 2050 and continue to have a large impact beyond 2050,
and that the introduction of appropriate policies and incentives to create a long-term market perspective is required;

Recognizing the continuing developments in drop-in fuels such as sustainable aviation fuel (SAF) and lower carbon
aviation fuel (LCAF) to reduce aviation CO2 emissions, and welcoming the development of new fuels and cleaner energy
sources for aviation, including the use of hydrogen and renewable electricity;

Acknowledging the need for such fuels to be developed and deployed in an economically feasible, socially and
environmentally acceptable manner and the progress achieved in the harmonization of the approaches to sustainability;

Recognizing that sustainability criteria, sustainability certification, and the assessment of life cycle emissions of such fuels
are developed and updated as part of work for the implementation of Carbon Offsetting and Reduction Scheme for
International Aviation (CORSIA);

Acknowledging the need to explore and facilitate the civil aviation sector’s access to renewable energy including through
its cooperation with the Sustainable Energy for All (SE4ALL) initiative, as part of the Organization’s contribution to SDG 7
“Ensure access to affordable, reliable, sustainable and modern energy for all”;

Recalling that Assembly Resolution A37-19 requested the Council, with the support of Member States, to undertake work
to develop a framework for market-based measures (MBMs) in international aviation, including further elaboration of the
guiding principles listed in the Annex to A37-19, and that the guiding principles were elaborated as listed in the Annex to
Assembly Resolutions A38-18, A39-2 and A40-18, which are reproduced in the Annex to this Resolution;
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Noting that a substantial strategy for capacity building and other technical and financial assistance was undertaken by the
Organization, in line with the No Country Left Behind (NCLB) initiative, to assist with the preparation and submission of
States’ action plans, including the holding of regional seminars, the development and update of ICAO Doc 9988, Guidance
on the Development of States’ Action Plans on CO2 Emissions Reduction Activities, an interactive web-interface, the ICAO
Fuel Savings Estimation Tool (IFSET), the ICAO Environmental Benefits Tool (EBT) and a Marginal Abatement Cost
(MAC) curve tool;

Welcoming that, as of July 2022, 133 Member States that represent more than 98 per cent of global international air traffic
voluntarily prepared and submitted action plans to ICAO;

Recognizing the need to further develop and update State Action Plans, including the quantification of CO2 emissions
reduction benefits with practical tools, for sustainable aviation and infrastructure with the focus on environment-driven
innovations;

Recognizing the different circumstances among States in their capacity to respond to the challenges associated with
climate change and the need to provide necessary support, in particular to developing countries and States having
particular needs;

Affirming that specific measures to assist developing States as well as to facilitate access to financial support, technology
transfer and capacity building should be initiated as soon as possible;

Recognizing the assistance provided by ICAO in partnership with other organizations to facilitate Member States’ actions
to reduce aviation emissions, as well as to continuously search for potential assistance partnerships with other
organizations;

Welcoming the launch of the ICAO Assistance, Capacity-building and Training for Sustainable Aviation Fuel (ACT-SAF)
Programme to support the development and deployment of SAF, including the establishment of partnerships among States
and relevant stakeholders, in line with the No Country Left Behind (NCLB) initiative;

Recognizing that, according to the latest reports from the IPCC, progress in climate change adaptation planning and
implementation has been observed across all sectors and regions, but it is still being unevenly distributed with several
adaptation gaps observed, including potential vulnerabilities of key transport infrastructures such as international aviation
systems and infrastructures, meaning that their design standards should give due consideration to account for projected
climate impacts and risks;

Recognizing the need for enabling conditions for the implementation of long-term climate change adaptation measures,
especially for vulnerable parts of the aviation system and infrastructure, which would enhance the preparedness level of
the international aviation sector for projected extreme and disruptive climate-related events;

Recognizing the importance of work being undertaken to identify the potential impacts of climate change on international
aviation operations and related infrastructure, together with identified options of adaptation measures; and

Recognizing the progress made by ICAO in its implementation of the Climate Neutral UN initiative and the significant
support provided by ICAO to the initiative, in particular through the development of the ICAO Carbon Emissions Calculator,
to support the assessment of emissions from passengers travelling by air and welcoming its expansion to add air cargo
emissions;

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The Assembly:

1. Resolves that this Resolution, together with Resolution A41-20: Consolidated statement of continuing ICAO
policies and practices related to environmental protection – General provisions, noise and local air quality and
Resolution A41-22: Consolidated statement of continuing ICAO policies and practices related to environmental protection
– Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA), supersede Resolutions A40-17, A40-18
and A40-19 and constitute the consolidated statement of continuing ICAO policies and practices related to environmental
protection;

2. Requests the Council to:

a) ensure that ICAO exercise continuous leadership on environmental issues relating to international civil
aviation, including GHG emissions;

b) continue to study policy options to limit or reduce the environmental impact of aircraft engine emissions and
to develop concrete proposals as needed, encompassing technical solutions and market-based measures,
and taking into account potential implications of such measures for developing as well as developed
countries; and

c) continue to cooperate with organizations involved in policy-making in this field, notably with the Conference
of the Parties to the UNFCCC;

3. Reiterates that:

a) ICAO should continue to take initiatives to promote information on scientific understanding of aviation’s
impact and action undertaken to address aviation emissions and continue to provide the forum to facilitate
discussions on solutions to address aviation emissions; and

b) emphasis should be on those policy options that will reduce aircraft engine emissions without negatively
impacting the growth of air transport especially in developing economies;

4. Resolves that States and relevant organizations will work through ICAO to achieve a global annual average fuel
efficiency improvement of 2 per cent until 2020 and an aspirational global fuel efficiency improvement rate of 2 per cent
per annum from 2021 to 2050, calculated on the basis of volume of fuel used per revenue tonne kilometre performed;

5. Agrees that the goals mentioned in paragraph 4 above would not attribute specific obligations to individual States,
and the different circumstances, respective capabilities and contribution of developing and developed States to the
concentration of aviation GHG emissions in the atmosphere will determine how each State may voluntarily contribute to
achieving the global aspirational goals;

6. Also resolves that, without any attribution of specific obligations to individual States, ICAO and its Member States
with relevant organizations will work together to strive to achieve a collective medium-term global aspirational goal of
keeping the global net carbon emissions from international aviation from 2020 at the same level, taking into account: the
special circumstances and respective capabilities of States, in particular developing countries; the maturity of aviation
markets; the sustainable growth of the international aviation industry; and that emissions may increase due to the expected
growth in international air traffic until lower emitting technologies and fuels and other mitigating measures are developed
and deployed, while also recognizing the long-term global aspirational goal in paragraph 7 below;
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7. Further resolves that, in addition to the medium-term global aspirational goal in paragraph 6 above, ICAO and its
Member States are encouraged to work together to strive to achieve a collective long-term global aspirational goal for
international aviation (LTAG) of net-zero carbon emissions by 2050, in support of the Paris Agreement’s temperature goal,
recognizing that each State’s special circumstances and respective capabilities (e.g. the level of development, maturity of
aviation markets, sustainable growth of its international aviation, just transition, and national priorities of air transport
development) will inform the ability of each State to contribute to the LTAG within its own national timeframe;

8. While recognizing that the LTAG is a collective global aspirational goal, and it does not attribute specific
obligations or commitments in the form of emissions reduction goals to individual States, urges each State to contribute
to achieving the goal in a socially, economically and environmentally sustainable manner and in accordance with national
circumstances;

9. Requests the Council to regularly monitor progress on the implementation of all elements of the basket of
measures towards the achievement of the LTAG, including through: the ICAO environment stocktaking process; the review
of the ICAO Vision for SAF; further assessment of the CO2 emissions reduction and cost impacts of a changing climate
on international aviation, regions and countries, in particular developing countries, and the impact on the development of
the sector, as well as the cost impacts of the efforts to achieve the LTAG; monitoring of information from State Action
Plans for international aviation CO2 emissions reduction; and means of implementation. To this purpose, the Council will
consider necessary methodologies for the monitoring of progress, and report to a future Session of the ICAO Assembly;

10. Further encourages all States to submit and update voluntary action plans to ICAO to reduce CO2 emissions from
international aviation, outlining respective policies, actions and roadmaps, including long-term projections;

11. Invites those States that choose to prepare or update action plans to submit them to ICAO as soon as possible
preferably by the end of June 2024 and once every three years thereafter, in order that ICAO can continue to compile the
quantified information in relation to achieving the global aspirational goals, and the action plans should include information
on the basket of measures considered by States, reflecting respective national capacities and circumstances, quantified
information on the expected environmental benefits from the implementation of the measures chosen from the basket,
and information on any specific assistance needs for the implementation of the measures;

12. Encourages States that have already submitted action plans to share information contained in action plans and
build partnerships with other Member States in order to support those States that have not prepared action plans, and to
make the submitted action plans available to the public, taking into account the commercial sensitivity of information
contained in States’ action plans;

13. Requests the Council to facilitate the dissemination of economic and technical studies and best practices related
to aspirational goals and to continue to provide guidance and other technical assistance for the preparation and update of
States’ action plans prior to the end of June 2024, including through cooperation and assistance on identifying possible
sources of financing for decarbonization of aviation in cooperation with financial and other relevant organizations, in order
for States to conduct necessary studies and to voluntarily submit action plans to ICAO;

14. Requests the Council to maintain and enhance appropriate standards, methodologies and a mechanism to
measure/estimate, monitor and verify global GHG emissions from international aviation, and that States support the work
of ICAO on measuring progress through the reporting of annual data on traffic, fuel consumption and CO2 emissions;

15. Requests the Council to request States to continue to support the efforts of ICAO on enhancing the reliability of
measuring/estimating global GHG emissions from international aviation, and to regularly report CO2 emissions from
international aviation to the UNFCCC, as part of its contribution to assessing progress made in the implementation actions
in the sector based on information approved by its Member States;
I. Constitutional and General Policy Matters I-85

16. While recognizing that no effort should be spared to obtain means to support the reduction and stabilization of
CO2 emissions from all sources, urges that ICAO and its Member States express a clear concern, through the UNFCCC
process, on the use of international aviation as a potential source for the mobilization of revenue for climate finance to the
other sectors, in order to ensure that international aviation would not be targeted as a source of such revenue in a
disproportionate manner;

17. Recognizes that means of implementation commensurate to the level of ambition, including financing, will
promote the achievement of the LTAG. It requires substantial investments for States, according to their national
circumstances, and that various possible modalities and/or funding mechanisms could be used by ICAO to facilitate
financing and investment support for implementation of specific aviation CO2 emissions reduction measures;

18. Requests the Council to:

a) initiate specific measures or mechanisms so as to facilitate, in particular for developing countries and States
having particular needs, better access to private investment capacities, as well as funding from financial
institutions, such as development banks, for projects contributing to the decarbonization of international
aviation, as well as encourage new and additional funding to this purpose;

b) further consider the establishment of a climate finance initiative or funding mechanism under ICAO, while
addressing the possible financial, institutional and legal challenges, and report to the 42nd Session of the
ICAO Assembly;

c) subparagraphs a) and b) above will be complementary to a robust assistance and cooperation programme
dedicated to LTAG in order to share information on best practices and provide guidance, capacity building,
and other technical assistance. Welcoming the establishment of the ICAO Assistance, Capacity-building
and Training for SAF (ACT-SAF) programme, it should be extended to add support to the implementation
of other emissions reduction measures in an ICAO ACT-LTAG programme (e.g. aircraft technologies,
operational improvements, infrastructural changes, LCAF and other cleaner energy sources for aviation);

d) promote the voluntary transfer of technology, in particular for developing countries and States having
particular needs, to enable them to adapt to cutting-edge technology and to enhance their contribution to
achieve the LTAG; and

e) in line with the No Country Left Behind initiative, urge ICAO Member States to make regular and substantial
contributions to the ICAO Environment Fund, to address specific ICAO activities on the LTAG, including the
ACT-SAF programme, aiming at assisting developing States and States having particular needs. States are
also encouraged to develop specific projects under the ICAO Technical Cooperation Programme.

19. Requests States to promote scientific research aimed at continuing to address the uncertainties identified in the
IPCC special report on Aviation and the Global Atmosphere and in the Assessment reports, and ensure that future
assessments undertaken by IPCC and other relevant United Nations bodies include updated information, if any, on aircraft-
induced effects on the atmosphere;

20. Requests the Council to:

a) continue to develop and keep up to date the guidance for Member States on the application of policies and
measures aimed at reducing or limiting the environmental impact of emissions from international aviation,
and conduct further studies with respect to mitigating the impact of international aviation on climate change
and to adapting international aviation systems and infrastructure to climate change impacts and risks;

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b) encourage States to cooperate in the development of predictive analytical models for the assessment of
aviation impacts;

c) continue evaluating the costs and benefits of the various measures, including existing measures, with the
goal of addressing aircraft engine emissions in the most cost-effective manner, taking into account the
interests of all parties concerned, including potential impacts on the developing world; and

d) assist Member States with studies, evaluations and development of procedures, in collaboration with other
States in the region, to limit or reduce GHG emissions on a global basis and work together collaboratively
to optimize the environmental benefits that can be achieved through various programmes;

21. Invites the Council and Member States to work together with relevant organizations to strive to achieve the
maximum possible level of progress on the implementation of aviation in-sector CO2 emissions reduction measures (e.g.
technology, operations and fuels), recognizing that the largest potential impact on aviation CO2 emissions reduction will
come from fuel-related measures;

22. Encourages the Council and Member States to keep abreast of innovative aircraft technologies, new types of
operations conducive to emissions reductions, and sustainable aviation fuels (SAF), lower carbon aviation fuels (LCAF)
and other cleaner energy sources in line with the No Country Left Behind initiative, in order to enable timely certification,
as well as timely update and development of relevant ICAO SARPs and guidance, as appropriate. ICAO and its Member
States are urged to continue work on the elements of the basket of measures for the achievement of the LTAG, including
paragraphs 23 to 28 below;

23. Requests States to:

a) consider policies to encourage the introduction of increasingly fuel efficient aircraft into the market and
facilitate cost-effective fleet renewal by manufacturers and aircraft operators, and work together through
ICAO to exchange information and develop guidance for best practices on aircraft end-of-life such as
through aircraft recycling; and

b) incentivize and accelerate investments on research and development of new aircraft with zero CO2
emissions;

24. Requests the Council to:

a) update the CO2 emissions certification Standard for aeroplanes, as appropriate, based on the latest aircraft
efficiency technology improvements;

b) timely update and develop relevant ICAO environmental Standards and Recommended Practices (SARPs)
and guidance for new advanced aircraft technologies, as appropriate; and

c) update medium- and long-term technological goals for aircraft fuel burn;

25. Requests States to:

a) work together with manufacturers, air navigation services providers (ANSPs), aircraft operators and airport
operators to accelerate the development and implementation of fuel efficient routings and air navigation
procedures and ground operations to reduce aviation emissions, and work with ICAO to bring the
environmental benefits to all regions and States, taking into account the Aviation System Block Upgrades
(ASBUs);

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I. Constitutional and General Policy Matters I-87

b) reduce legal, security, economic and other institutional barriers to enable implementation of the new air traffic
management operating concepts for the environmentally efficient use of airspace;

c) work together through ICAO to exchange information and best practices on Green Airports, including
practices related to airport planning, development, operations and maintenance; and

d) consider undertaking climate risk assessment to foster the inclusion of climate change adaptation measures
into national climate policies and planning processes, with respect to international aviation systems and
infrastructures, as appropriate;

26. Requests the Council to:

a) maintain and update guidance on operational measures to reduce international aviation emissions, and place
emphasis on increasing fuel efficiency in all aspects of the ICAO’s Global Air Navigation Plan (GANP);
encourage States and stakeholders to develop air traffic management that optimizes environmental
benefits;

b) continue to develop and update the necessary tools and guidance to assess the benefits associated with air
traffic management improvements, and assess the environmental benefits associated with the
implementation of the Aviation System Block Upgrades (ASBUs);

c) continue to provide the forum to exchange information on best practices for Green Airports, covering such
subjects as smart buildings, renewable energy, green mobility, climate change adaptation and resilient
development, community engagement and sustainability reporting, aiming at sharing lessons learned and
best practices among airports;

d) publish and maintain guidance material on the implementation of environmentally sustainable practices at
airports, including the Eco-Airport Toolkit e-collection; and

e) encourage States to pursue a climate-resilient development of their aviation systems and infrastructures,
with a focus on the development of policies that integrate climate mitigation and adaptation actions to
advance the sustainable aviation development;

27. Requests States to:

a) set a coordinated approach in national administrations for policy actions and investment to accelerate the
appropriate research, development, deployment and use of cleaner and renewable energy sources for
aviation, including the use of sustainable aviation fuel (SAF) and lower carbon aviation fuel (LCAF), in
accordance with their national circumstances;

b) consider the use of incentives to encourage the deployment of cleaner and renewable energy sources for
aviation, including SAF and LCAF;

c) work with relevant stakeholders to accelerate the fuel research, certification and development as well as
processing technology and feedstock production, and the certification of new aircraft and engines to allow
the use of 100 per cent SAF, in order to decrease costs and support scale-up of sustainable fuel production
pathways up to a commercial scale, especially through encouraging and promoting SAF and/or LCAF
purchase agreements as well as supporting timely delivery of any necessary changes to airport and energy
supply infrastructure, taking into account the sustainable development of States;

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d) recognize existing approaches to assess the sustainability of all fuels in general, including those for use in
aviation which should achieve net GHG emissions reduction on a life cycle basis, contribute to local social
and economic development; competition with food and water should be avoided; and

e) adopt measures to ensure the sustainability of aviation fuels, building on existing approaches or combination
of approaches, and monitor their production at a national level;

28. Requests the Council to:

a) encourage Member States and invite industry, financial institutions and other international organizations to
actively participate in exchange of information and best practices, and facilitate the establishment of
partnerships and the definition of policies that will further promote the transition to cleaner, renewable
sources of energy for aviation, including SAF and LCAF, through regional seminars;

b) continue to maintain the ICAO Global Framework for Aviation Alternative Fuels (GFAAF);

c) continue to give a global view of the future use of SAF and LCAF and to account for changes in life cycle
GHG emissions in order to assess progress toward achieving global aspirational goals;

d) work with financial institutions to facilitate access to financing infrastructure development projects dedicated
to SAF and LCAF and incentives to overcome initial market hurdles;

e) cooperate with other relevant international initiatives, including the Sustainable Energy for All (SE4ALL)
initiative, to facilitate aviation’s access to renewable energy; and

f) continue to assess progress on the development and deployment of SAF, LCAF and other cleaner energy
sources for aviation as part of the ICAO stocktaking process, and convene the CAAF/3 in 2023 for reviewing
the 2050 ICAO Vision for SAF, including LCAF and other cleaner energy sources for aviation, in order to
define a global framework in line with the No Country Left Behind (NCLB) initiative and taking into account
national circumstances and capabilities;

29. Requests the Council to identify the potential impacts of climate change on international aviation operations and
related infrastructure, identify adaptation measures to address the potential climate change impacts, and maintain and
enhance guidance on climate change risk assessment and adaptation measures for international aviation, in cooperation
with other relevant international organizations and the industry; and

30. Requests the Council to continue to cooperate with the Climate Neutral UN initiative, remain at the forefront of
developing methods and tools for quantifying aviation’s GHG emissions with respect to the initiative, including the ICAO
Carbon Emissions Calculator that also incorporates cargo emissions, and further develop and implement the strategy for
reducing GHG emissions and enhancing in-house sustainability management practices of the Organization.

Annex

The guiding principles for the design and implementation of market-based measures (MBMs) for international aviation:

a) MBMs should support sustainable development of the international aviation sector;

b) MBMs should support the mitigation of GHG emissions from international aviation;

c) MBMs should contribute towards achieving global aspirational goals;

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I. Constitutional and General Policy Matters I-89

d) MBMs should be transparent and administratively simple;

e) MBMs should be cost-effective;

f) MBMs should not be duplicative and international aviation CO2 emissions should be accounted for only once;

g) MBMs should minimize carbon leakage and market distortions;

h) MBMs should ensure the fair treatment of the international aviation sector in relation to other sectors;

i) MBMs should recognize past and future achievements and investments in aviation fuel efficiency and in
other measures to reduce aviation emissions;

j) MBMs should not impose inappropriate economic burden on international aviation;

k) MBMs should facilitate appropriate access to all carbon markets;

l) MBMs should be assessed in relation to various measures on the basis of performance measured in terms
of CO2 emissions reductions or avoidance, where appropriate;

m) MBMs should include de minimis provisions;

n) where revenues are generated from MBMs, it is strongly recommended that they should be applied in the
first instance to mitigating the environmental impact of aircraft engine emissions, including mitigation and
adaptation, as well as assistance to and support for developing States;

o) where emissions reductions are achieved through MBMs, they should be identified in States’ emissions
reporting; and

p) MBMs should take into account the principle of common but differentiated responsibilities and respective
capabilities, the special circumstances and respective capabilities, and the principle of non-discrimination
and equal and fair opportunities.

A41-22: Consolidated statement of continuing ICAO

policies and practices related to environmental
protection — Carbon Offsetting and Reduction
Scheme for International Aviation (CORSIA)

Whereas Assembly Resolution A38-18 decided to develop a global market-based measure (GMBM) scheme for
international aviation, for decision by the 39th Session of the Assembly;

Recalling that Assembly Resolution A38-18 requested the Council, with the support of Member States, to identify the major
issues and problems, including for Member States, and make a recommendation on a GMBM scheme that appropriately
addresses them and key design elements, including a means to take into account special circumstances and respective
capabilities, and the mechanisms for the implementation of the scheme from 2020 as part of a basket of measures which
also include technologies, operational improvements and sustainable aviation fuels to achieve ICAO’s global aspirational
goals;
I-90 Assembly Resolutions in Force

Whereas Assembly Resolution A39-3 decided to implement a GMBM scheme in the form of the Carbon Offsetting and
Reduction Scheme for International Aviation (CORSIA) as part of a basket of measures which also include aircraft
technologies, operational improvements and sustainable aviation fuels to achieve ICAO’s global aspirational goals;

Recognizing that ICAO is the appropriate forum to address emissions from international aviation, and the significant
amount of work undertaken by the Council, its Climate and Environment Committee (CEC), its Technical Advisory Body
(TAB) and its Committee on Aviation Environmental Protection (CAEP) to support the implementation of CORSIA;

Welcoming the adoption of the first edition of Annex 16 – Environmental Protection, Volume IV – Carbon Offsetting and
Reduction Scheme for International Aviation (CORSIA), the provisions of which include Monitoring, Reporting and
Verification (MRV) procedures for CORSIA;

Also welcoming the publication of the second edition of Environmental Technical Manual (ETM, Doc 9501), Volume IV –
Procedures for demonstrating compliance with the Carbon Offsetting and Reduction Scheme for International Aviation
(CORSIA);

Welcoming the progress made for the development and update of ICAO CORSIA Implementation Elements, which are
reflected in 14 ICAO documents directly referenced in Annex 16, Volume IV, containing materials that are approved by
the Council, and are essential for the implementation of CORSIA;

Also welcoming the establishment by the Council of the Technical Advisory Body (TAB), with the mandate to make
recommendations to the Council on the CORSIA eligible emissions units;

Recognizing the importance of a coordinated approach for capacity building activities by ICAO and its Member States, in
cooperation with the aviation industry, to support the implementation of CORSIA, in particular through the ICAO
Assistance, Capacity-building and Training for CORSIA (ACT-CORSIA) programme that includes the organization of
seminars, development of outreach materials, and establishment of CORSIA partnerships among States, which have been
instrumental to the successful implementation of MRV requirements by States and reporting of annual CO2 emissions to
the CORSIA Central Registry;

Welcoming the increasing number of announcements by Member States of their intention to voluntarily participate in
CORSIA in the pilot phase from 2021, with the voluntary participation of 88 States for 2021, 107 States for 2022, and 115
States for 2023;

Recognizing that strong capacity-building activities can facilitate the decision of Member States to voluntarily participate
in CORSIA;

Recalling the decision of the Council (June 2020) on the use of 2019 emissions instead of 2020 emissions for the
implementation of relevant CORSIA design elements (i.e. CORSIA baseline, reference year for calculating an aeroplane
operator’s offsetting requirements, and new entrant threshold) during the pilot phase, in light of the COVID-19 pandemic
and providing safeguards against inappropriate economic burden on aeroplane operators;

Recognizing the completion of the 2022 periodic review of CORSIA by the Council with the technical contribution of CAEP,
including the analyses on the impact of the COVID-19 pandemic and its CO2 recovery scenarios on the CORSIA baseline
beyond the pilot phase;

Noting the support of the aviation industry for CORSIA as a single global carbon offsetting scheme, as opposed to a
patchwork of State and regional MBMs, as a cost-effective measure to complement a broader package of measures
including technology, operations and infrastructure measures;

Recognizing that MBMs should not be duplicative and international aviation CO2 emissions should be accounted for only
once;
I. Constitutional and General Policy Matters I-91

Emphasizing that the decision by the 39th Session of the Assembly to implement the CORSIA reflects the strong support
of Member States for a global solution for the international aviation industry, as opposed to a possible patchwork of State
and regional MBMs;

Reaffirming the concern with the use of international civil aviation as a potential source for the mobilization of revenue for
climate finance to the other sectors, and that MBMs should ensure the fair treatment of the international aviation sector in
relation to other sectors;

Recalling the United Nations Framework Convention on Climate Change (UNFCCC) and the Paris Agreement and
acknowledging its principle of common but differentiated responsibilities and respective capabilities, in light of different
national circumstances;

Also acknowledging the principles of non-discrimination and equal and fair opportunities to develop international aviation
set forth in the Chicago Convention;

Recognizing that the work related to CORSIA and its implementation will contribute to the achievement of the goals set
out in the Paris Agreement adopted under the UNFCCC;

Whereas the UNFCCC and the Paris Agreement provide for mechanisms, such as the Clean Development Mechanism
(CDM) and a new market mechanism under the Paris Agreement, to contribute to the mitigation of GHG emissions to
support sustainable development, which benefit developing States in particular;

Welcoming the cooperation between the UNFCCC and ICAO on the development of CDM methodologies for aviation;

Recognizing that this Resolution does not set a precedent for or prejudge the outcome of negotiations under the UNFCCC,
the Paris Agreement, or other international agreements, nor represent the position of the Parties to the UNFCCC, the
Paris Agreement, or other international agreements;

The Assembly:

1. Resolves that this Resolution, together with Resolution A41-20: Consolidated statement of continuing ICAO
policies and practices related to environmental protection - General provisions, noise and local air quality and Resolution
A41-21: Consolidated statement of continuing ICAO policies and practices related to environmental protection – Climate
change, supersede Resolutions A40-17, A40-18 and A40-19 and constitute the consolidated statement of continuing ICAO
policies and practices related to environmental protection;

2. Acknowledges the progress achieved on all elements of the basket of measures available to address CO2
emissions from international aviation, including aircraft technologies, operational improvements, sustainable aviation fuels
and CORSIA, and affirms the preference for the use of aircraft technologies, operational improvements and sustainable
aviation fuels that provide the environmental benefits within the aviation sector;

3. Also acknowledges that, despite this progress, the environmental benefits from aircraft technologies, operational
improvements and sustainable aviation fuels may not deliver sufficient CO2 emissions reductions to address the growth
of international air traffic, in time to achieve the global aspirational goal of keeping the global net CO2 emissions from
international aviation from 2020 at the same level;

4. Emphasizes the role of CORSIA to complement a broader package of measures to achieve the global aspirational
goal, without imposing inappropriate economic burden on international aviation;
I-92 Assembly Resolutions in Force

5. Recalls its decision at the 39th Session to implement a GMBM scheme in the form of the Carbon Offsetting and
Reduction Scheme for International Aviation (CORSIA) to address any annual increase in total CO2 emissions from
international civil aviation (i.e. civil aviation flights that depart in one country and arrive in a different country) above the
2020 levels, taking into account special circumstances and respective capabilities;

6. Requests the Council to continue to ensure all efforts to make further progress on aircraft technologies,
operational improvements and sustainable aviation fuels be taken by Member States and reflected in their action plans to
address CO2 emissions from international aviation, and to monitor and report the progress on implementation of action
plans, and that a methodology should be developed to ensure that an aeroplane operator’s offsetting requirements under
the scheme in a given year can be reduced through the use of CORSIA eligible fuels (i.e. CORSIA sustainable aviation
fuels and CORSIA lower carbon aviation fuels), so that all elements of the basket of measures are reflected;

7. Requests the Council to continuously monitor the implementation of all elements of the basket of measures, and
consider the necessary policies and actions to ensure that progress is achieved in all of the elements in a balanced way
with an increasing percentage of emissions reductions accruing from non-MBM measures over time;

8. Acknowledges special circumstances and respective capabilities of States, in particular developing States, in
terms of vulnerability to the impacts of climate change, economic development levels, and contributions to international
aviation emissions, among other things, while minimizing market distortion;

9. Recalls its decision at the 39th Session on the use of a phased implementation for the CORSIA to accommodate
the special circumstances and respective capabilities of States, in particular developing States, while minimizing market
distortion, as follows:

a) Pilot phase applies from 2021 through 2023 to States that have volunteered to participate in the scheme.
States participating in this phase may determine the basis of their aeroplane operator’s offsetting
requirements from paragraph 11 e) i) below;

b) First phase applies from 2024 through 2026 to States that voluntarily participate in the pilot phase, as well
as any other States that volunteer to participate in this phase, with the calculation of offsetting requirements
in paragraph 11 a) below;

c) All States are strongly encouraged to voluntarily participate in the pilot phase and the first phase, noting that
developed States, which have already volunteered, are taking the lead, and that several other States have
also volunteered;

d) The Secretariat will make public on the ICAO website updated information on the States that volunteered to
participate in the pilot phase and first phase;

e) Second phase applies from 2027 through 2035 to all States that have an individual share of international
aviation activities in RTKs in year 2018 above 0.5 per cent of total RTKs or whose cumulative share in the
list of States from the highest to the lowest amount of RTKs reaches 90 per cent of total RTKs, except Least
Developed Countries (LDCs), Small Island Developing States (SIDS) and Land Locked Developing
Countries (LLDCs) unless they volunteer to participate in this phase;

f) States that are exempted or have not yet participated are strongly encouraged to voluntarily participate in
the scheme as early as possible, in particular those States that are members of a regional economic
integration organization. States who decide to voluntarily participate in the scheme, or decide to discontinue
the voluntary participation from the scheme, may only do so from 1 January in any given year and they shall
notify ICAO of their decision by no later than 30 June of the preceding year; and
I. Constitutional and General Policy Matters I-93

g) Starting in 2022, the Council will conduct a review of the implementation of the CORSIA every three years,
including its impact on the growth of international aviation, which serves as an important basis for the Council
to consider whether it is necessary to make adjustments to the next phase or compliance cycle and, as
appropriate, to recommend such adjustments to the Assembly for its decision;

10. Recalls its decision at the 39th Session that the CORSIA shall apply to all aeroplane operators on the same
routes between States with a view to minimizing market distortion, as follows:

a) all international flights on the routes between States, both of which are included in the CORSIA by paragraph
9 above, are covered by the offsetting requirements of the CORSIA;

b) all international flights on the routes between a State that is included in the CORSIA and another State that
is not included in the CORSIA by paragraph 9 above are exempted from the offsetting requirements of the
CORSIA, while retaining simplified reporting requirements; and

c) all international flights on the routes between States, both of which are not included in the CORSIA by
paragraph 9 above, are exempted from the offsetting requirements of the CORSIA, while retaining simplified
reporting requirements;

11. Recalls its decision at the 39th Session and further decides that the amount of CO2 emissions required to be
offset by an aeroplane operator in a given year from 2021 is calculated every year as follows:

a) an aeroplane operator’s offset requirement = [ % sectoral × (an aeroplane operator’s emissions covered by
CORSIA in a given year × the sector’s growth factor in the given year) ] +
[ % individual × (an aeroplane operator’s emissions covered by CORSIA in a given year × that aeroplane
operator’s growth factor in the given year) ];

b) where the sector’s growth factor from 2021 through 2023 = (total emissions covered by CORSIA in the given
year – total emissions covered by CORSIA in 2019) / total emissions covered by CORSIA in the given year,
and the sector’s growth factor from 2024 through 2035 = (total emissions covered by CORSIA in the given
year – 85% of total emissions covered by CORSIA in 2019) / total emissions covered by CORSIA in the
given year;

c) where the aeroplane operator’s growth factor from 2033 through 2035 = (the aeroplane operator’s emissions
covered by CORSIA in the given year – 85% of the aeroplane operator’s emissions covered by CORSIA in
2019) / the aeroplane operator’s emissions covered by CORSIA in the given year;

d) where the % sectoral = (100% – % individual) and;

e) where the % sectoral and % individual will be applied as follows:

i) from 2021 through 2023, 100% sectoral and 0% individual, though each participating State may choose
during this pilot phase whether to apply this to:

a) an aeroplane operator’s emissions covered by CORSIA in a given year, as stated above, or

b) an aeroplane operator’s emissions covered by CORSIA in 2019;

ii) from 2024 through 2026, 100% sectoral and 0% individual;

iii) from 2027 through 2029, 100% sectoral and 0% individual;

I-94 Assembly Resolutions in Force

iv) from 2030 through 2032, 100% sectoral and 0% individual;

v) from 2033 through 2035, 85% sectoral and 15% individual;

f) the aeroplane operator’s emissions and the total emissions covered by CORSIA in the given year do not
include emissions exempted from the scheme in that year;

g) the scope of emissions in paragraphs 11 b) and 11 c) above will be recalculated at the start of each year to
take into account routes to and from all States that will be added due to their voluntary participation or the
start of a new phase or compliance cycle;

12. Recalls its decision at the 39th Session and further decides that a new entrant 1 is exempted from the application
of the CORSIA for three years or until the year in which its annual emissions exceed 0.1 per cent of total emissions in
2019, whichever occurs earlier. From the subsequent year, the new entrant is included in the scheme and treated in the
same way as the other aeroplane operators;

13. Recalls its decision at the 39th Session that, notwithstanding with the provisions above, the CORSIA does not
apply to low levels of international aviation activity with a view to avoiding administrative burden: aeroplane operators
emitting less than 10 000 metric tonnes of CO2 emissions from international aviation per year; aeroplanes with less than
5 700 kg of maximum take-off mass (MTOM); or humanitarian, medical and firefighting operations;

14. Recalls its decision at the 39th Session that the emissions that are not covered by the scheme, as the results of
phased implementation and exemptions, are not assigned as offsetting requirements of any aeroplane operators included
in the scheme;

15. Recalls its decision at the 39th Session on a three-year compliance cycle, starting with the first cycle from 2021
to 2023, for aeroplane operators to reconcile their offsetting requirements under the scheme, while they report the required
data to the authority designated by the aeroplane operator’s State of registry every year;

16. Recalls its decision at the 39th Session on the need to provide for safeguards in the CORSIA to ensure the
sustainable development of the international aviation sector and against inappropriate economic burden on international
aviation, and requests the Council to decide the basis and criteria for triggering such action and identify possible means
to address these issues;

17. Recalls its decision at the 39th Session that a periodic review of the CORSIA is undertaken by the Council, with
the technical contribution of CAEP, for consideration by the Assembly, every three years from 2022 for the purpose referred
to in paragraph 9 g) above and to contribute to the sustainable development of the international aviation sector and the
effectiveness of the scheme, and requests the Council to develop a methodology and timeline to conduct such reviews.
This will involve, inter alia:

a) assessment of: progress towards achieving ICAO’s global aspirational goal; the scheme’s market and cost
impact on States and aeroplane operators and on international aviation; and the functioning of the scheme’s
design elements;

1
A new entrant is defined as any aeroplane operator that commences an aviation activity falling within the scope of Annex 16, Volume IV
on or after its entry into force and whose activity is not in whole or in part a continuation of an aviation activity previously performed by
another aeroplane operator.
I. Constitutional and General Policy Matters I-95

b) consideration of the scheme’s improvements that would support the purpose of the Paris Agreement, in
particular its long-term temperature goals; and update the scheme’s design elements to improve
implementation, increase effectiveness, and minimize market distortion, taking into account the
consequential impact of changing the scheme’s design elements, e.g. to MRV requirements; and

c) a special review by the end of 2032 on termination of the scheme, its extension or any other improvements
of the scheme beyond 2035, including consideration of the contribution made by aircraft technologies,
operational improvements and sustainable aviation fuels towards achieving ICAO’s environmental
objectives;

18. Determines that the CORSIA is the only global market-based measure applying to CO2 emissions from
international aviation so as to avoid a possible patchwork of duplicative State or regional MBMs, thus ensuring that
international aviation CO2 emissions should be accounted for only once;

19. Requests the following actions be taken for implementation of the CORSIA:

a) the Council, with the technical contribution of CAEP, to update Annex 16, Volume IV and the Environmental
Technical Manual, Volume IV, as appropriate;

b) the Council, with the technical contribution of CAEP, to continue to develop and update the ICAO CORSIA
documents referenced in Annex 16, Volume IV related to: ICAO CORSIA CO2 Estimation and Reporting
Tool; CORSIA eligible fuels; CORSIA emissions units criteria (EUC); and CORSIA Central Registry, as
appropriate;

c) the Council to develop and update the ICAO CORSIA document referenced in Annex 16, Volume IV related
to the eligible emissions units for use by the CORSIA, considering the recommendations of the TAB;

d) the Council to maintain and update the CORSIA Central Registry under the auspices of ICAO to enable the
reporting of relevant information from Member States to ICAO;

e) the Council to continue to oversee the implementation of the CORSIA, with support provided by the CEC
and CAEP, as appropriate; and

f) Member States to take the necessary action to ensure that national policies and regulatory frameworks are
established for the compliance and enforcement of the CORSIA, in accordance with the timeline set forth
by Annex 16, Volume IV;

20. Recalls its decision at the 39th Session that emissions units generated from mechanisms established under the
UNFCCC and the Paris Agreement are eligible for use in CORSIA, provided that they align with decisions by the Council,
with the technical contribution of TAB and CAEP, including on avoiding double-counting and on eligible vintage and
timeframe;

21. Decides that ICAO and Member States take all necessary actions in providing the capacity building and
assistance and building partnerships for implementation of the CORSIA, in accordance with the timeline set forth in
Annex 16, Volume IV, including through the ICAO Assistance, Capacity-building and Training for CORSIA (ACT-CORSIA)
programme that includes the organization of seminars, development of outreach materials, and establishment of CORSIA
partnerships among States, while emphasizing the importance of a coordinated approach under the umbrella of ICAO for
undertaking capacity building and assistance activities;

22. Recalls its decision at the 39th Session that the CORSIA will use emissions units that meet the Emissions Unit
Criteria (EUC) in paragraph 19 above;
I-96 Assembly Resolutions in Force

23. Requests the Council to promote the use of emissions units generated that benefit developing States, and
encourages States to develop domestic aviation-related projects; and

24. Requests the Council to explore further development of aviation-related methodologies for use in offsetting
programmes, including mechanisms or other programmes under the Paris Agreement, and encourages States to use such
methodologies in taking actions to reduce aviation CO2 emissions, which could further enable the use of credits generated
from the implementation of such programmes by the CORSIA, without double-counting of emissions reduction.

A40-9: Consolidated statement of continuing ICAO policies in

the air transport field

A36-14: Use of cross-polar routes

A36-21: Preventing the introduction of invasive alien species

Whereas the global community has increasingly recognized the threat to biological diversity posed by invasive alien
species;

Whereas international transportation, including civil air transportation, represents a potential pathway for the introduction
of invasive alien species; and

Whereas the Convention on Biological Diversity, the Global Invasive Species Programme and other intergovernmental
and non-governmental international organizations are currently working on means to effectively assess and manage alien
species that threaten ecosystems, habitats and native species;

The Assembly:

1. Urges all Contracting States to support one another’s efforts to reduce the risk of introducing, through civil air
transportation, potentially invasive alien species to areas outside their natural range;

2. Requests the ICAO Council to continue working with the appropriate organizations in this regard; and

3. Declares that this resolution supersedes Resolution A35-19.

A27-12: Role of ICAO in the suppression of illicit transport of

narcotic drugs by air

Whereas drug abuse and illicit trafficking in narcotic drugs and psychotropic substances continue to create serious
international problems demanding urgent and constant attention;

Whereas the United Nations General Assembly called upon the specialized agencies to participate actively in the
implementation of the UN General Assembly Resolutions 39/143, 40/121 and 41/127, “International campaign against
traffic in drugs”;
I. Constitutional and General Policy Matters I-97

Whereas in the Declaration of the International Conference on Drug Abuse and Illicit Trafficking of 26 June 1987 States
committed themselves to vigorous international actions against drug abuse and illicit trafficking as an important goal of
their policies;

Whereas the International Conference on Drug Abuse and Illicit Trafficking adopted the Comprehensive Multidisciplinary
Outline of Future Activities in Drug Abuse Control, as a programme of future work at the national, regional and international
levels;

Whereas Resolution A26-12 urged the Council to continue expeditiously its efforts to explore ICAO’s possible role in the
matter and to present a report to the next ordinary session of the Assembly;

The Assembly:

1. Endorses the action taken by the Council through the Air Transport Committee, Air Navigation Commission, the
Tenth Session of the Facilitation Division and by the Secretariat to implement Assembly Resolution A26-12 and the
Comprehensive Multidisciplinary Outline adopted by the International Conference on Drug Abuse and Illicit Trafficking;

2. Urges the Council to elaborate with a high degree of priority concrete measures in order to prevent and to
eliminate possible use of illicit drugs and abuse of other drugs or substances by crew members, air traffic controllers,
mechanics and other staff of international civil aviation;

3. Urges the Council to continue its work in order to prevent illicit transport of narcotic drugs and psychotropic
substances by air;

4. Requests the Council to continue to follow closely the work of the United Nations and other agencies in the
implementation of the Comprehensive Multidisciplinary Outline of Future Activities in Drug Abuse Control and to assure
active cooperation of the Organization in the implementation of all programmes relevant for international civil aviation;

5. Requests the Council, in the light of any further study which may be necessary, to propose specific actions and
measures, including the preparation of necessary guidance material on all drug-related problems which may be
encountered in international civil aviation;

6. Calls upon all Contracting States to continue their efforts to prevent the illicit trafficking of drugs by air, to take
appropriate legislative measures to ensure that the crime of illicit transport of narcotic drugs and other psychotropic
substances by air is punishable by severe penalties and to become parties, as soon as practicable, to the United Nations
Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances of 1988;

7. Requests the Council to present a report on the implementation of this Resolution to the next ordinary session of
the Assembly; and

8. Declares that this Resolution supersedes Resolution A26-12.

I-98 Assembly Resolutions in Force

A40-9: Consolidated statement of continuing ICAO policies in

the air transport field

A29-15: Smoking restrictions on international passenger

flights

Whereas ICAO Assemblies have demonstrated a concern for and a contribution to human welfare in the quality of life and
in the environment in which human beings work and engage in other pursuits, including matters related to engine
emissions, the ozone layer and aircraft noise;

Whereas ICAO Assemblies have recognized a responsibility to achieve maximum compatibility between civil aviation
operation and the quality of the human environment;

Whereas States have been recognizing increasingly and taking action against the known health hazards caused by
tobacco smoke at the work place, in public buildings and transportation systems;

Whereas the build-up of “tar” and other residue from tobacco smoke on aircraft may adversely affect oxygen masks and
contaminate environmental control systems;

Whereas the World Health Organization (WHO) and the International Labour Organization (ILO), consider that
occupational safety and health are interrelated and cannot be separated; and

Whereas the World Health Organization (WHO) unanimously adopted a Resolution urging Member States to ban smoking
in public conveyances where protection against involuntary exposure to tobacco smoke cannot be ensured and requested
its Director General to collaborate with ICAO;

The Assembly:

1. Requests the ICAO Council to intensify its studies into the safety aspects of banning smoking on board aircraft;

2. Requests the ICAO Council, with the assistance and cooperation of the World Health Organization, to take
appropriate measures to promote a smoke-free travel environment on all international flights;

3. Urges all Contracting States, in the meantime, to take necessary measures as soon as possible to restrict
smoking progressively on all international passenger flights with the objective of implementing complete smoking bans by
1 July 1996;

4. Requests the ICAO Council to report on the implementation of this Resolution in all its aspects to the next ordinary
session of the Assembly.
I. Constitutional and General Policy Matters I-99

A35-12: Protection of the health of passengers and crews and

prevention of the spread of communicable disease
through international travel

Whereas Article 44 of the Convention on International Civil Aviation states that “The aims and objectives of the
Organization are to develop the principles and techniques of international air navigation and to foster the planning and
development of international air transport so as to: . . . meet the needs of the peoples of the world for safe, regular, efficient
and economical air transport”;

Whereas Article 14 of the Convention on International Civil Aviation states that “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”;

Whereas the worldwide transmission of communicable diseases by means of air transport, and the threat thereof, have
increased in past years;

Whereas Assembly Resolution A29-15 urges all contracting States to take necessary measures to restrict smoking
progressively on all international passenger flights with the objective of implementing complete smoking bans by
1 July 1996;

Whereas the increasing number of elderly and handicapped persons travelling by air and the increasing duration of
international flights may pose additional risks to the health of passengers and may give rise to more frequent medical
emergencies on board;

Whereas ICAO forecasts a five per cent annual increase in the number of passengers in the foreseeable future, thus
potentially increasing the occurrence of medical emergencies during air travel;

Whereas the communication technologies have made possible in-flight diagnosis and treatment of passengers by doctors
based at ground facilities;

Whereas health issues are becoming a consideration for some in their decision to fly or not, with a potential for highly
detrimental impact on the economy of airlines and airports; and

Whereas there is a need to coordinate for global application the considerable activity and progress on health issues by ICAO,
some Contracting States, the European Civil Aviation Conference (ECAC), the World Health Organization (WHO), the World
Tourism Organization (WTO-OMT) and international organizations such as the Aerospace Medical Association (AsMA),
International Academy of Aviation and Space Medicine (IAASM), International Air Transport Association (IATA), Airports
Council International (ACI) and other interested organizations;

The Assembly:

1. Declares that the protection of the health of passengers and crews on international flights is an integral element
of safe air travel and that conditions should be in place to ensure its preservation in a timely and cost-effective manner;

2. Requests the Council to review existing SARPs related to passenger and crew health and develop new SARPs
where appropriate with due consideration of global health issues and recent developments in air transport operations;

3. Requests the Council to establish suitable institutional arrangements to coordinate efforts by Contracting States
and other members of the international civil aviation community aimed at protecting the health of passengers and crews;
I-100 Assembly Resolutions in Force

4. Requests the Council as a matter of priority to develop Standards and Recommended Practices in the appropriate
Annexes to the Convention in order to address contingency plans to prevent the spread of communicable diseases by air
transport;

5. Urges all Contracting States, in the meantime, to ensure the implementation of existing SARPs related to the
health of passengers and crews; and

6. Requests the Council to support further research on the consequences of air transport on the health of
passengers and crews; and

7. Requests the Council to report on the implementation of this resolution in all aspects to the next ordinary session
of the Assembly.

A41-11: Declaration on air transport facilitation affirming

global commitment to enable the safe and efficient
recovery of aviation from the COVID-19 pandemic, and
to make aviation more resilient in the future

Whereas Facilitation is the efficient management of border control processes to expedite the clearance of aircraft,
passengers/crew, baggage and cargo;

Whereas implementation of the Standards and Recommended Practices (SARPs) in Annex 9 — Facilitation is essential
to facilitate the clearance of aircraft, passengers/crew and their baggage, cargo and mail and manage challenges in border
controls and airport processes so as to maintain the efficiency of air transport operations;

Recognizing the importance of an effective crisis response framework for future public health-related crises that draws on
relevant guidance, best practices, integrated risk management approaches, and lessons learned from the COVID-19
pandemic to enable the international aviation community to rapidly respond to a public health-related crisis; and building
resilience to future similar outbreaks;

Further recognizing the need for mutual recognition of health proofs between States when used for cross-border travel;
and interoperable long-term solutions that use digital travel documents and health-related credentials;

Acknowledging the challenges faced by States and the wider air transport industry in maintaining safe and efficient
operations in response to the COVID-19 pandemic, and in protecting the health and safety of the travelling public and
aviation personnel due to the continuing impacts of COVID-19, including insufficient coordination and collaboration among
civil aviation authorities, public health entities, other government authorities and industry in implementing Annex 9 —
Facilitation provisions; and

Recalling the High-level Conference on COVID-19 (HLCC 2021) held on 12 to 22 October 2021, and the outcomes of the
Facilitation Stream endorsed by the Ministerial Plenary.

The Assembly:

1. Urges Member States to consider the harmonization of the various measures to allow mutual recognition and
trust information shared regarding COVID-19 status of travellers among the States, taking into consideration data
protection prescripts applicable in States;
I. Constitutional and General Policy Matters I-101

2. Urges Member States to communicate public health-related entry requirements to the travelling public and all
stakeholders in the aviation community in a timely manner, and regularly assess the possibility of imminent public health
threats and promptly apply contingency measures;

3. Requests Member States to endeavour to integrate the verification of digital and non-digital health proofs for
border crossing in order to facilitate the validation of deployed health credentials into their inspection systems, to the extent
possible, noting that for some States, verification of health proofs is not always undertaken at border control points;

4. Urges Member States to adopt a policy of mutual recognition of health proofs, and an appropriate regulatory
framework that considers all data protection and privacy requirements for use of health proofs for travel and incorporates
appropriate safeguards;

5. Requests Member States to promote global interoperability in all passenger processing efforts, whether
involving manual or automated processes or some combination thereof;

6. Requests Member States to support the development and implementation of innovative non-contact
technologies and technological equipment which, as well as facilitating air travel, can mitigate the spread of communicable
diseases;

7. Requests Member States to support vaccination certificates in line with the WHO recommendations and these
vaccination certificates, when issued digitally, should be interoperable, taking into account the specifications of the ICAO
Technical Report Visible Digital Seal for non-constrained environments (VDS-NC), and other interoperable formats from
regional or global intergovernmental bodies, or internationally recognized organizations;

8. Requests Member States requesting health-related documentation or contact details to consider developing
digital health platforms taking into account non-digital options where passengers can lodge all relevant details and apply
to obtain a notification of approval to travel by the States of destination and transit;

9. Urges Member States to conduct comprehensive risk assessments considering their contextual factors, risk
tolerance and the practical application in aviation of the public health-related Annex 9 provisions;

10. Urges Member States to implement multi-sector communication, coordination and collaboration between all
relevant stakeholders including industry, in the development of a national aviation plan in preparation for an outbreak of a
communicable disease posing a public health risk, and to ensure coordination and harmonization between the various
State actors responsible for management of public health emergencies;

11. Urges Member States to ensure coordination between civil aviation and health authorities to allow a seamless
implementation of relevant health-related Annex 9 — Facilitation provisions, taking into account a multilayered risk-based
approach to establish their health measures;

12. Requests ICAO to collaborate with relevant international organizations and industry to develop a crisis response
framework for future health-related crises that draws on the Council Aviation Recovery Task Force (CART)
recommendations and guidance, Collaborative Arrangement for the Prevention and Management of Public Health Events
in Civil Aviation (CAPSCA) guidance, industry best practices, integrated risk management approaches, States’ responses
and lessons learned from COVID-19 that would enable the international aviation community to rapidly respond to a health-
related crisis;

13. Requests ICAO to continue work towards interoperable long-term solutions that use digital travel documents
and health-related credentials established by States, taking into account existing solutions and global limitations; and

14. Requests ICAO to continue to monitor new developments and collaborate with relevant stakeholders to further
develop the guidance material supporting the implementation of the health-related provisions of Annex 9 — Facilitation.
I-102 Assembly Resolutions in Force

A37-13: Prevention of spread of communicable disease

through air travel

A41-12: Maintaining health and sustaining safe international

air transport during public health emergencies
affecting air travel

Whereas Article 14 of the Convention on International Civil Aviation states that “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”;

Whereas Article 44 of the Convention on International Civil Aviation states that “The aims and objectives of the
Organization are to develop the principles and techniques of international air navigation and to foster the planning and
development of international air transport so as to …meet the needs of the peoples of the world for safe, regular, efficient
and economical air transport”;

Whereas the General Assembly of the United Nations endorsed the Sendai Declaration and the Sendai Framework for
Disaster Risk Reduction 2015–2030 adopted by the Third United Nations World Conference on Disaster Risk Reduction;

Whereas Article 14(1) of the World Health Organization International Health Regulations (2005) states that “WHO shall
cooperate and coordinate its activities, as appropriate, with other competent intergovernmental organizations or
international bodies in the implementation of these Regulations, including through the conclusion of agreements and other
similar arrangements”;

Whereas ICAO Resolution A37-13 states that “the protection of the health of passengers and crews on international flights
is an integral element of safe air travel and that conditions should be in place to ensure its preservation in a timely and
cost-effective manner”;

Whereas ICAO Resolution A39-24 states that “all States can benefit from integrating disaster risk reduction strategies into
their Air Transport Sector Strategic Plans”, directs ICAO to “establish a crisis response policy and disaster risk reduction
strategy in aviation” and to “ensure that ICAO participate, when applicable and in alignment with its Strategic Objectives,
in appropriate mechanisms put in place to support the cross-sectorial implementation of the Sendai Framework for Disaster
Risk Reduction 2015–2030 and the United Nations Plan of Action on Disaster Risk Reduction for Resilience”;

Whereas ICAO Resolution A40-14 states that “a need for cross-sector information sharing and collaboration in the
prevention and management of public health emergencies has been identified at various international meetings and
conferences”;

Whereas Annex 1 — Personnel Licensing, Annex 6 — Operation of Aircraft, Annex 9 — Facilitation, Annex 11 — Air
Traffic Services, Annex 14 — Aerodromes, Volume I — Aerodrome Design and Operations, Annex 18 — The Safe
Transport of Dangerous Goods by Air, Annex 19 — Safety Management and the Procedures for Air Navigation Services
— Air Traffic Management (Doc 4444) contain several Standards and Recommended Practices and Procedures relating
to health measures that should be taken by Contracting States in order to manage medical certification of aviation licence
holders, safeguard the health and safety of aviation personnel and passengers, support aviation personnel in the
performance of their duties, and support the continuous, safe and orderly operation of global air services during public
health emergencies;
I. Constitutional and General Policy Matters I-103

Whereas the ICAO Collaborative Arrangement for the Prevention and Management of Public Health Events in Civil
Aviation (CAPSCA) programme, the National Air Transport Facilitation Programmes (NATFPs) and the National Air
Transport Facilitation Committees (NATFCs) are appropriate mechanisms to improve communication and collaboration
as well as harmonize public health preparedness and response plans;

Whereas Annex 9 new Chapter 10 entitled “Health-related provisions” builds upon the lessons learned from the COVID-19
pandemic to maintain health and sustain safe international air transport during public health emergencies affecting air
travel;

Whereas the ICAO CAPSCA Global Symposium held on 29 – 31 March 2022 was very supportive of proposals to be
considered to strengthen CAPSCA and to build aviation resilience for future public health emergencies;

Whereas the ICAO CAPSCA Global Symposium recognized the need to audit the implementation by States of provisions
contained in Chapter 10 “Health-related provisions” of Annex 9 in order to identify the assistance to be provided to States;
and

Whereas the ICAO Medical Provisions Study Group (MPSG) and other relevant ICAO working groups, are the appropriate
bodies to develop an Aviation Health Management Plan and Procedures for Air Navigation Services (PANS) – Health to
supplement the ICAO SARPs, supported by a digitized information-sharing platform.

The Assembly:

1. Directs ICAO to strengthen its crisis management capacity, including by establishing a crisis response
framework and mechanism based on the experience gained during the COVID-19 crisis;

2. Directs ICAO to explore means to formalize the governance of the CAPSCA framework;

3. Directs ICAO to continue to engage with WHO and other relevant organizations establishing formalized
collaboration agreements to strengthen CAPSCA and public health related Facilitation activities;

4. Directs ICAO to continue to collaborate with the WHO and other public health groups, with other relevant
aviation medicine and other relevant specialist medical organizations, with Planning and Implementation Regional Groups
(PIRGs) and the Regional Aviation Safety Groups (RASGs) and working with the Air Navigation Commission, with aviation
subject matter expert groups, including such as the Personnel Training and Licensing Panel, and the Safety Management
Panel to enable the sharing of information and resources for the purposes of global harmonization relating to the prevention
and management of public health emergencies;

5. Approves the development of an Aviation Health Management Plan by ICAO supporting implementation efforts
of comprehensive management of health in aviation, by consolidating the various references to medical and health-related
SARPs contained in the Annexes to the Convention into a comprehensive repository for the management of health in
aviation in order to:

a) manage medical certification of aviation licence holders;

b) safeguard the health and safety of aviation personnel and passengers;

c) design appropriate auditing frameworks and capacity-building assistance mechanisms for the
implementation of health-related SARPs; and

d) support the continuous, safe, and orderly operation of global air services during public health events
affecting air travel (including, but not limited to communicable diseases);
I-104 Assembly Resolutions in Force

6. Directs ICAO to give due consideration to the development of a Procedures for Air Navigation Services (PANS)
– Health in order to further support States in implementing health-related ICAO SARPs;

7. Urges Contracting States to ensure that the medical, public health and aviation sectors collaborate to develop
a national preparedness plan for aviation, which addresses a public health emergency of international concern (PHEIC)
and/or other public health emergencies as appropriate, which is integrated with the general national preparedness plan
and aligned with the Sendai Disaster Risk Reduction Framework;

8. Urges Contracting States to ensure that the national preparedness plan for aviation complies with the ICAO
SARPs, PANS and the World Health Organization International Health Regulations (2005) and is based on scientific
principles and on the guidelines from ICAO and the World Health Organization;

9. Urges Contracting States to establish requirements for the involvement of stakeholders such as aviation
medical experts, airport operators, aircraft operators, air navigation service providers and others as appropriate, in the
development of relevant health-related plans in aviation;

10. Urges Contracting States to participate in the Collaborative Arrangement for the Prevention and Management
of Public Health Events in Civil Aviation (CAPSCA) programme, to strengthen the programme and ensure that its goals
are achieved;

11. Urges Contracting States to support the activities of subject matter expert groups (e.g. the Medical Provisions
Study Group (MPSG) and the Facilitation Panel (FALP)) to protect the health and safety of aviation personnel and
passengers that could affect either health or pose a risk to safe air travel during public health emergencies; and

12. Declares that this resolution supersedes Resolution A37-13.

A40-14: Mitigation of the spread of disease through, inter alia,

aircraft disinsection and vector control methods, and
the importance of CAPSCA (Collaborative
Arrangement for the Prevention and Management of
Public Health Events in Civil Aviation) for
implementation

Whereas Article 14 of the International Convention on Civil Aviation requires Member States to take effective measures
to prevent the spread of communicable diseases by means of air navigation;

Whereas Annex 9 — Facilitation contains provisions on communicable disease outbreak national aviation plans, aircraft
disinsection, implementation of international health regulations and facilities required for implementation of public health
measures, and The Facilitation Manual (Doc 9957) provides guidance on aircraft disinsection, public health measures and
facilitation programmes;

Whereas the most recent outbreaks of vector-borne diseases have resulted in Contracting States imposing chemical
disinsection requirements;

Whereas the World Health Organization has not issued recommendations regarding non-chemical disinsection methods;

Whereas there is strong evidence that chemicals are becoming increasingly ineffective in combatting vector-borne
diseases as insect resistance to chemicals increases;
I. Constitutional and General Policy Matters I-105

Whereas the lack of World Health Organization-recommended non-chemical disinsection methods leads to Contracting
States continuing to require only chemical disinsection methods;

Whereas despite past Assemblies having encouraged development of performance-based criteria for disinsection
requirements, in collaboration with the World Health Organization, insufficient progress has been made in this regard;

Whereas there is an increased risk in the global transmission of communicable diseases;

Whereas a need for cross-sector information sharing and collaboration in the prevention and management of public health
emergencies has been identified at various international meetings and conferences;

The Assembly:

1. Directs that the Council continue to engage with the World Health Organization to develop:

a) performance-based criteria to evaluate all disinsection methods, including non-chemical means of

disinsection;

b) recommendations regarding non-chemical disinsection methods; and

c) guidance on the components of a scientifically-based risk assessment model for Contracting States to use
in determining whether to employ vector control measures that include but are not limited to aircraft
disinsection;

2. Urges Contracting States to:

a) become members of The Collaborative Arrangement for the Prevention and Management of Public Health
Events in Civil Aviation (CAPSCA) programme;

b) become involved in the CAPSCA Programme and any other related programmes that ICAO might introduce
in future;

c) support ICAO and WHO in implementing this Assembly Resolution by considering the recommendations
included in ICAO, WHO and CAPSCA publications and guidance material;

d) require pest management control programmes around airports and related facilities, which would mitigate
the need to impose aircraft disinsection requirements;

e) encourage airport reporting to the ICAO Airport Vector Control Registry and to keep the information current;

3. Requests the Council to report on the implementation of this resolution at the next Assembly; and

4. Declares that this resolution supersedes Resolution A39-28.

A27-13: Safeguarding international public air transport

Whereas the Convention on International Civil Aviation, signed at Chicago in 1944, in its Preamble recognizes as a
fundamental objective “that international civil aviation may be developed in a safe and orderly manner and that international
air transport services may be established on the basis of equality of opportunity and operated soundly and economically”,
I-106 Assembly Resolutions in Force

this principle being established in Article 44 of the Convention, and whereas Article 13 or any other Article of the
Convention on International Civil Aviation must be interpreted and applied in conformity and consistently with the guiding
principles stated;

Considering the essential importance which international air transport has for world peace and the economy of the
developing countries and the extraordinary effort entailed for these countries to maintain their own air transport system;

Whereas the Third Air Transport Conference adopted Recommendation 9 in which the need was established to protect
air carriers against detention of their aircraft when there is no evidence or presumption of negligence or guilt;

Whereas air transport is a service in the general interest, the strengthening of which and the preservation of its continuity
falling within the scope of the exercise of the power of States and the performance of their activities for the benefit of the
common good;

Whereas air transport operators have as their essential purpose the provision of a public service which has legal status
and enjoys a special regime established in the Convention on International Civil Aviation;

The Assembly:

1. Reaffirms the public-service character of the service provided by air transport operators, recognizing that the
essential purpose of such a service is to satisfy the common good of peoples in whose development States, carriers and
users are equally interested;

2. Declares as detrimental to the principles established in the Convention on International Civil Aviation any
improper detention of an aircraft assigned to commercial air transport where there is no evidence or presumption of
negligence or guilt on the part of the air carriers concerned.

A33-20: Coordinated approach in providing assistance in the

field of aviation war risk insurance

A24-1: International Day of Peace

Whereas the third Tuesday of September has been declared by the United Nations as the International Day of Peace;

Whereas peace is a primary aim of all individuals and States and of all organizations of the United Nations family;

Whereas civil aviation is an essential instrument of international communication among States and peoples and, as it is
stated in the preamble of the Convention on International Civil Aviation, it can greatly help to create and preserve friendship
and understanding among the nations and peoples of the world.

The ICAO Assembly:

Decides henceforth to commemorate this day, which this year was also the opening day of its 24th Session, with a warm
invitation to all peoples working for Civil Aviation to be deeply and constantly aware of the contribution that their work can
make to the achievement of international cooperation and peace in the world.
I. Constitutional and General Policy Matters I-107

A29-3: Global Rule Harmonization

Whereas the interdependence of international civil aviation makes aviation a prime candidate for benefits to be derived
from the concept of globalization of which global harmonization of national rules for the application of ICAO standards is
an important element;

Whereas international aviation now comprises: mega-air carriers, both national and multinational, and various alliances of
airlines for global operation; transnational ownership of airlines; and multinational manufacture of aeronautical products;

Whereas States have agreed in the Aircraft Agreement of the General Agreement on Tariffs and Trade (GATT) to ensure
that civil aircraft certification requirements and specifications on operating and maintenance procedures are not barriers
to trade;

Whereas global harmonization of national rules in international civil aviation is desirable for effective implementation of
the GATT obligation;

Whereas individual States interpret and apply the ICAO safety standards differently resulting in dissimilar operations which
can be costly;

Whereas a relatively small number of States generally reply to the ICAO Secretariat’s requests for comments or agreement
on ICAO proposed standards, resulting in decisions being based on a relatively small number of responses with
consequences neither helpful to achieve rule harmonization nor in the best interest of the safe and orderly development
of international civil aviation;

Whereas global rule harmonization could facilitate the implementation of the Protocol Article 83 bis of the Convention on
International Civil Aviation that authorizes States to transfer to each other by agreement certain safety functions; and

Whereas certain States have initiated bilateral and multilateral programmes in the interest of harmonizing national rules,
to correct costly incompatibility problems and to facilitate more effective competition in international civil aviation;

The Assembly:

1. Urges States and Groups of States, which have not already done so, to take positive action to promote global
harmonization of national rules for the application of ICAO standards;

2. Urges States to use in their own national regulations, as far as practicable, the precise language of ICAO
regulatory standards in their application of ICAO standards and seek harmonization of national rules with other States in
respect of higher standards they have in force or intend to introduce;

3. Urges all States to respond to the ICAO Council’s requests for comments and agreement or disagreement on
ICAO proposed standards to prevent decisions being taken on the basis of a small number of responses; and

4. Requests the ICAO Council to pursue the enhancement of ICAO Standards and to study the feasibility of
establishing a multilateral monitoring mechanism.

A33-11: A global design code for aircraft

Whereas Article 33 of the Convention requires recognition by States of certificates of airworthiness issued by States of
registry provided that the requirements under which they were issued are equal to or above the minimum standards
established pursuant to the Convention;
I-108 Assembly Resolutions in Force

Whereas the ICAO Council in 1972 agreed that the international airworthiness Standards adopted by the Council are
recognized as being the complete international code necessary to bring into force and effect the rights and obligations
which arise under Article 33 of the Convention;

Whereas the ICAO Council further agreed that national codes of airworthiness containing the full scope and extent of detail
considered necessary by individual States are required as the basis for the certification by individual States of
airworthiness of each aircraft;

Recognizing that the cost of repetitive certifications imposed on aircraft manufacturers and operators to meet the
requirements of many different national aviation authorities could be significantly reduced by avoiding such duplications;

Recognizing that the joint efforts of the United States Federal Aviation Administration and the European Joint Aviation
Authorities has brought together many of the major States of design in an effort to establish a globally harmonized design
code and to study the feasibility of a harmonized aircraft certification process;

The Assembly:

1. Endorses the effort to establish a globally harmonized design code and to study the feasibility of a harmonized
aircraft certification process;

2. Urges all States of design and other Contracting States to participate in the international harmonization projects
as initiated by FAA/JAA;

3. Urges the Secretary General to ensure ICAO participation in the harmonization projects to the extent practicable;
and

4. Requests the Secretary General to bring this resolution to the attention of all Contracting States.

A40-9: Consolidated statement of continuing ICAO policies in

the air transport field

A41-8: Consolidated statement of continuing ICAO policies

and practices related to a global air traffic
management (ATM) system and communications,
navigation, and surveillance/air traffic management
(CNS/ATM) systems

Whereas it is considered desirable to consolidate Assembly resolutions on the Organization’s policies and practices related
to CNS/ATM in order to facilitate their implementation and practical application by making their text more readily available
and logically organized;

The Assembly:

1. Resolves that the Appendices attached to this resolution constitute the consolidated statement of continuing
ICAO policies and practices related to CNS/ATM, as these policies exist at the close of the 41st Session of the Assembly;

2. Resolves to continue to adopt, at each ordinary session of the Assembly for which a Technical Commission is
established, a consolidated statement of continuing ICAO policies and practices related to CNS/ATM; and

3. Declares that this resolution supersedes A35-15.

I. Constitutional and General Policy Matters I-109

APPENDIX A

General policy

Whereas ICAO is the only international organization in a position to effectively coordinate global CNS/ATM activities;

Whereas the ICAO CNS/ATM systems should be utilized to serve the interests and the objectives of civil aviation
throughout the world;

Whereas Contracting States should have equal rights to benefit from global systems incorporated within the ICAO
CNS/ATM systems; and

Considering the Statement of ICAO Policy on CNS/ATM Systems Implementation and Operation developed and adopted
by the ICAO Council on 9 March 1994;

The Assembly:

1. Resolves that nothing should deprive a Contracting State from its right to benefit from the ICAO CNS/ATM
systems or cause discrimination between provider and user States;

2. Resolves that States’ sovereignty and borders should not be affected by the ICAO CNS/ATM systems
implementation;

3. Urges that provisions and guidance material relating to all aspects of the ICAO CNS/ATM systems should be
sought and developed through the convening of adequate meetings, conferences, panels and workshops with the
participation of Contracting States; and

4. Urges that the proposed provisions covering all aspects of the ICAO CNS/ATM systems be presented to all
Contracting States well in advance to give them enough opportunity to prepare themselves as far as practicable.

APPENDIX B

Harmonization of the implementation of the ICAO CNS/ATM systems

Considering the international character of civil aviation and the regional interactions of air navigation services;

Considering Recommendations 4/5, 6/2, 7/1, 8/4 and 8/5 of the 10th Air Navigation Conference, Recommendations 4/4
and 4/5 of the third meeting of the Special Committee for the Monitoring and Coordination of Development and Transition
Planning for the Future Air Navigation System (FANS Phase II), Recommendation 4/4 of the fourth meeting of the FANS
(Phase II) Committee, and Recommendations 1/1, 1/5, 1/13, 2/8, 4/1, 6/9, 6/13 and 7/3 of the 11th Air Navigation
Conference;

Considering that these recommendations have been noted or approved by the Council of ICAO, which has instructed the
Secretary General of ICAO to take all appropriate measures;

Recognizing the role which regions must play in the planning and implementation of the ICAO CNS/ATM systems;

Conscious of the delay which certain regions could experience in the transition to these systems;

Noting with satisfaction the trials and demonstrations programmes and the progress being achieved by all regions with
regard to the implementation of advanced ATM systems;
I-110 Assembly Resolutions in Force

Believing that the contribution of all regions would guarantee a better evaluation of the trials and would favour the evolution
of the ICAO CNS/ATM systems in order to ensure that the systems become interoperable and contribute to a global,
seamless ATM system that allows adaptation to efficiently meet regional and local needs;

Noting that economic and institutional issues, in particular cost-benefit analyses, facility financing, cost recovery and
cooperative aspects, need to be addressed by States individually and/or collectively; and

Noting that for an early realization of benefits to users and for globally coordinated and harmonious CNS/ATM systems in
support of a global ATM system implementation, certain States will require technical and financial assistance and
recognizing the statement concerning the central role ICAO shall play in coordinating technical cooperation arrangements
as well as in facilitating the provision of assistance to States with regard to the technical, financial, managerial, legal and
cooperative aspects of implementation;

The Assembly:

1. Calls upon States, PIRGs and the aviation industry to use the ICAO Global ATM Operational Concept as the
common framework to guide planning and implementation of CNS/ATM systems and to focus all such development work
on the Global ATM Operational Concept;

2. Calls upon States and regional safety oversight organizations (RSOOs) to establish a framework for joint planning
and cooperation at the subregional level for joint development of CNS/ATM systems;

3. Urges the Council to ensure that ICAO develop the transition strategies, ATM requirements and SARPs
necessary to support the implementation of a global ATM system;

4. Urges the Council to continue considering without delay the economic, institutional, legal and strategic aspects
related to the implementation of the ICAO CNS/ATM systems;

5. Urges the Council to take the steps necessary to ensure that the future global ATM system is performance-based
and that the performance objectives and targets for the future system are developed in a timely manner;

6. Calls upon States, in a position to do so, and invites international organizations concerned, users and service
providers to:

a) spare no effort in cooperating in and facilitating the execution of the research, development, trials and
demonstrations (RDT&D) programme in close cooperation with States with limited resources; and

b) validate the concept components identified in the Global ATM Operational Concept;

7. Requests the Council, as a matter of high priority within the budget adopted by the Assembly, to ensure that
adequate resources are made available to the ICAO Regional Offices, particularly those which are accredited to the
developing States, taking into account the increased support they will be called upon to provide to the regional planning
and implementation groups, which are the main bodies for the regional planning of the transition to the ICAO CNS/ATM
systems; and

8. Further requests the Council to continue to urge States, international organizations and financial institutions to
mobilize resources in order to assist States requiring technical cooperation in the planning and implementation of the ICAO
CNS/ATM systems.
I. Constitutional and General Policy Matters I-111

APPENDIX C

Ensuring the resilience of ICAO CNS/ATM systems and services

Whereas the CNS/ATM systems are evolving and so are the associated CNS threats and vulnerabilities;

Whereas the occurrences of interferences against satellite-based CNS systems and global navigation satellite system
(GNSS), in particular, have significantly increased;

Whereas CNS resiliency to interference needs to be addressed at a global level with a holistic approach, ensuring an
efficient and coordinated evolution between the infrastructure architecture, improved technological capabilities, civil and
military operational procedures, radio regulatory authorities and civil-military coordination;

Recognizing that resiliency to interference needs to be improved by maximizing the integration of all suitable ground
infrastructure, space infrastructure and airborne components in a complementary and cooperative manner, to be as robust
as possible to cases of satellite-based service disruption or environments where false or deceptive signals are present;

Recognizing that both the aircraft on-board and ground infrastructure complementing the satellite-based CNS systems
need to be adapted to include, where appropriate, interference detection, mitigation and reporting functions to support the
resolution of operationally encountered performance anomalies;

Believing that, combined with the use of the appropriate legal framework, such capabilities and measures will allow for the
relevant authorities to act upon harmful interferences caused by the illegal operation of transmitters and avoid the
proliferation and the use of such illegal transmitters and the misuse of test and maintenance equipment;

Believing that, with appropriate coordination and application of best practices, military and State authorities can conduct
GNSS-related testing and other interventions using radio equipment as necessary and without causing an undue impact
on civil aviation;

Believing that civil-military coordination should facilitate the sharing of relevant information with airspace users, especially
when flying in the vicinity of a conflict zone; and

Acknowledging that loss of crew's situational awareness from malicious origin is classified as a cybersecurity threat and
cannot be tolerated in civil aviation; and that intentionally sending misleading signals to replace the accurate signal is a
far more serious threat to flight safety than the loss of this signal.

The Assembly:

1. Encourages States to transition towards optimized, secure CNS systems based on complementary integration
of suitable and independent aircraft capabilities, satellite- and ground-based infrastructure which maximize resiliency and
robustness to any type of interference;

2. Encourages standardization bodies and industry to develop appropriate interference detection, mitigation and
reporting capabilities for the aircraft on-board, satellite- and ground-based CNS system components, in order to ensure
higher CNS resiliency, continuity of operations and prevent any cascading effects from the use of compromised position,
velocity or time data;

3. Encourages States to ensure that sufficient terrestrial CNS capabilities remain available to ensure safe
operations and complement aircraft-level integration of position, velocity and time with independent surveillance
information;

4. Invites ICAO to develop high-level principles on how to integrate CNS ground, space and on-board systems
and capabilities to obtain more resilient positioning and timing services;
I-112 Assembly Resolutions in Force

5. Urges States to apply necessary measures to avoid the commercialization/proliferation and the use of illegal
transmitters such as jammers and the misuse of test and maintenance equipment which may impact CNS systems;

6. Urges States to ensure close collaboration between aviation authorities, military authorities, service providers,
radio regulatory and spectrum enforcement authorities to put in place any special measures required to ensure that the
spectrum used by all CNS systems, and GNSS in particular, is free from harmful interference;

7. Urges States to refrain from any form of jamming, or spoofing affecting civil aviation;

8. Urges States to coordinate and notify to the maximum extent possible in advance with the air navigation
services provider (ANSP) responsible for the affected airspace in case of military or other State-authorized security or
defence-related operations or training, potentially causing any form of jamming, or spoofing affecting civil aviation; and

9. Urges States and operators, when assessing the interference risks associated with conflict zones, to consider
that the use of satellite-based CNS systems can potentially be impacted beyond those zones.

A40-9: Consolidated statement of continuing ICAO policies in

the air transport field

A32-12: Follow-up to the 1998 Worldwide CNS/ATM Systems

Implementation Conference

Considering that the Worldwide CNS/ATM Systems Implementation Conference (Rio de Janeiro, 1998) succeeded in
focussing the attention of the world aviation community as never before on the primary issues of financing and
management of CNS/ATM systems;

Recognizing that the conference made clear the needs and available resources, while recommending a plan of action to
permit the safe and orderly growth of civil aviation well into the 21st Century;

Convinced that the key to future work within ICAO’s global framework will be a spirit of cooperation by all who are involved
in implementing CNS/ATM systems (as emphasized in the Declaration on Global Air Navigation Systems for the Twenty-
first Century adopted by the conference);

Aware that increasing levels of cooperation will be necessary at the national, subregional and global levels to ensure
transparency and interoperability between CNS/ATM systems elements (so that the goal of a seamless, global air traffic
management system can be achieved);

Considering that, in most cases, the financing and subsequent operation of CNS/ATM systems, in particular in the
developing world, can be of common benefit to lenders, borrowers, and users alike;

Noting that the initial follow-up actions agreed by the Council are to be channelled mainly through ICAO’s regional planning
process;

Further noting that the specific longer-term follow-up activities envisaged in the conference’s Declaration focussed, inter
alia, on the role of ICAO’s planning and implementation regional groups (PIRGs) (which provide a platform for formal
recognition of new air navigation facilities and services);
I. Constitutional and General Policy Matters I-113

The Assembly:

1. Encourages Contracting States to display the spirit of cooperation enshrined in the Declaration on Global Air
Navigation Systems for the Twenty-first Century adopted by the conference and to commit resources as a matter of priority
when following up its recommendations;

2. Invites the cooperation and commitment of concerned international organizations, of users and of service
providers in undertaking their follow-up actions to the conference; and

3. Requests the Council, as a matter of high priority within the budget adopted by the Assembly, to ensure that the
necessary resources are made available to complete the follow-up work envisaged by the conference, and to support, and
coordinate with, follow-up action taken by States and other CNS/ATM partners.

A29-13: Improvement of Safety Oversight

The Assembly:

Recalling that Contracting States are responsible both for safety oversight of air carriers based in their territory and for
safety oversight of aircraft on their national registries;

Recognizing that, while not all Contracting States have air carriers based in their territory, those that do differ substantially
in their degree of development and national resources;

Recognizing that many Contracting States may not have the regulatory framework or financial and technical resources to
carry out the minimum requirements of the Chicago Convention and its Annexes;

Noting that many Contracting States might experience difficulty in carrying out their responsibilities under international law
for safety oversight of air carrier operations;

Recognizing that some Contracting States cannot implement effective oversight without drawing badly needed resources
from some other public use, that many others operate substantial fleets but still lack all the resources necessary to provide
effective oversight, and that even the most highly developed Contracting States are unable to undertake oversight of every
aircraft that flies into their territory;

Noting that these oversight shortcomings are complicated by the increasing movement of the operational bases of aircraft
across national boundaries and the increasingly multinational character of many air carrier operations;

Recognizing that the safety standards drawn up under the Chicago Convention require effective government oversight for
their effective implementation;

Decides to:

1. Reaffirm that individual State’s responsibility for safety oversight is one of the tenets of the Convention;

2. Call on Contracting States to reaffirm their safety oversight obligations, especially the important safety provisions
contained in Annexes 1 and 6 of the Chicago Convention;

3. Urge Contracting States to review their national legislation implementing those obligations and to review their
safety oversight procedures to ensure effective implementation;
I-114 Assembly Resolutions in Force

4. Call on all States able to do so to provide requesting States with technical cooperation in the form of financial
and technical resources to enable those States to carry out their responsibilities for safety oversight of air carrier
operations.

A40-9: Consolidated statement of continuing ICAO policies in

the air transport field

A32-11: Establishment of an ICAO universal safety oversight

audit programme

Whereas the primary objective of the Organization continues to be that of ensuring the safety of international civil aviation
worldwide;

Whereas Article 33 of the Convention on International Civil Aviation requires Contracting States to recognize as valid
certificates of airworthiness and personnel licenses issued by another Contracting State, provided that the requirements
under which such documents were issued are equal to or above the minimum standards established from time to time
under the Convention;

Whereas Article 37 of the Convention requires each Contracting State to collaborate in securing the highest practicable
degree of uniformity in regulations and practices in all matters in which such uniformity will facilitate and improve air
navigation;

Recalling Assembly Resolution A29-13 concerning the improvement of safety oversight;

Recalling the objectives of the ICAO safety oversight programme, which seeks to ensure that Contracting States are
adequately discharging their responsibility for safety oversight over aircraft operations, the licensing and training of
personnel, and aircraft airworthiness;

Recalling that ultimate responsibility for safety oversight rests with Contracting States, who shall continuously review their
respective safety oversight capabilities;

Considering the recommendations of the Directors General of Civil Aviation Conference on a Global Strategy for Safety
Oversight, relating to the enhancement of the ICAO safety oversight programme, and which called for a universal safety
oversight audit programme comprising regular, mandatory, systematic and harmonized safety audits to be carried out by
ICAO, and for greater transparency in the release of audit results;

Recognizing the Assembly’s decision on the disposition of cash surpluses contained in Assembly Resolution A32-24; and

Considering that, as recommended by the DGCA Conference, the Council of ICAO endorsed the establishment of such a
universal safety oversight audit programme;

The Assembly:

1. Resolves that a universal safety oversight audit programme be established, comprising regular, mandatory,
systematic and harmonized safety audits, to be carried out by ICAO; that such universal safety oversight audit programme
shall apply to all Contracting States; and that greater transparency and increased disclosure be implemented in the release
of audit results;
I. Constitutional and General Policy Matters I-115

2. Directs the Council to bring into effect, from 1 January 1999, a universal safety oversight audit programme
accordingly, including a systematic reporting and monitoring mechanism on the implementation of safety-related
Standards and Recommended Practices;

3. Urges all Contracting States to agree to audits to be carried out upon ICAO’s initiative, but always with the consent
of the State to be audited, by signing a bilateral Memorandum of Understanding with the Organization, as the principle of
sovereignty should be fully respected;

4. Urges all Contracting States to ensure that the results of the audits be used for safety-related purposes only;

5. Directs the Council to apply the resources made available in order to implement the ICAO universal safety
oversight audit programme; and

6. Requests the Council to report to the next ordinary session of the Assembly on the implementation of the
programme, to review its progress and the experience gained, and to present to that session proposals for funding the
programme on a long-term basis.

A33-9: Resolving deficiencies identified by the Universal

Safety Oversight Audit Programme and encouraging
quality assurance for technical cooperation projects

Whereas the ICAO Universal Safety Oversight Audit Programme (USOAP) has been successful in meeting the mandate
given by Resolution A32-11;

Whereas the primary objective of ICAO continues to be that of ensuring the safety of international civil aviation;

Whereas promoting the implementation of international standards contributes to this objective;

Whereas the findings of the audits conducted under USOAP have indicated that several States experience difficulties in
the implementation of ICAO SARPs and the critical elements of a State’s safety oversight system;

Whereas the audit findings have also indicated that several of the States experiencing problems require assistance to
overcome the safety concerns identified by the audits;

Recalling that Assembly Resolution A29-13 called on all States able to do so to provide requesting States with technical
cooperation in the form of financial and technical resources to enable those States to carry out their responsibilities for
safety oversight of air carrier operations;

Recalling that the 29th Session of the Assembly reaffirmed that Contracting States are responsible both for safety oversight
of air carriers based in their territory and for safety oversight of aircraft on their national registries;

Recognizing that some States do not have the available resources, financial or human, to resolve their deficiencies without
assistance;

Recognizing that the Technical Co-operation Bureau (TCB) can provide the required assistance to States in need;

Recognizing that ICAO can provide valuable assistance to States and International Organizations in organizing bilateral
and multilateral cooperative agreements to remedy deficiencies;
I-116 Assembly Resolutions in Force

Recognizing that States which plan to carry out remedial projects with the assistance of third parties, would like to have
an independent quality assurance over the project activities in order to achieve a high probability of success;

Recognizing that ICAO has developed the required expertise and experience to provide a quality assurance function; and

Recognizing that, where assistance is to be provided to States by parties other than TCB, ICAO can play a significant role
by providing a quality assurance function;

The Assembly:

1. Requests the Secretary General to ensure that all the expertise of the Organization be used, to the extent possible
within budgetary constraints, to provide assistance to States in need. This would include, but not be limited to:

a) the provision of appropriate information and guidance on possible financial and technical sources of
assistance;

b) the fostering, in particular at the Regional Office level, of the implementation of ICAO SARPs, with whatever
assistance is appropriate;

c) the utilization of the operational and technical expertise resident in ICAO to conduct seminars on safety
oversight;

d) the continuation of the development of material to be used in the training of officials within the framework of
TRAINAIR; and

e) the development of guidance material to rectify deficiencies that would be acceptable to all Contracting
States;

2. Urges the Secretary General to ensure that ICAO provides, when requested, reasonable assistance within
available resources, to help States to obtain the necessary financial resources to fund assistance projects by Contracting
States, industry organizations or independent consultants;

3. Requests the Secretary General to support, foster and facilitate the use of bilateral and multilateral agreements
for projects between States and international or regional organizations;

4. Requests the Secretary General to ensure that the Technical Co-operation Bureau utilizes, to the extent possible,
contributions to their projects of useful material, such as manuals and other training material, and human resources to facilitate
completion of a project;

5. Requests the Secretary General to develop the concept of a Quality Assurance Function with regard to large-
scale ICAO technical cooperation projects provided to States and to all technical cooperation projects related to
deficiencies identified by USOAP audits;

6. Requests the Secretary General to consider that the Quality Assurance Function be carried out by an
independent competent Office of ICAO;

7. Requests the Secretary General to make available the Quality Assurance Function to States with regard to safety
oversight-related implementation projects performed by parties other than ICAO, on request of States on a reimbursement
basis; and

8. Requests the Secretary General to solicit information from States that have successfully resolved major
deficiencies and publish the results, so that other Contracting States may benefit from each other’s experience.
I. Constitutional and General Policy Matters I-117

A36-6: State Recognition of the Air Operator Certificate of

Foreign Operators and Surveillance of their
Operations

Whereas the Convention and its Annexes provide the legal and operational framework for Contracting States to build a
civil aviation safety system based on mutual trust and recognition, requiring that all Contracting States fulfil their obligations
in implementing the Standards and Recommended Practices as far as practicable and in adequately performing safety
oversight;

Recalling that recognition as valid of certificates and licences of other Contracting States is governed by Article 33 of the
Convention and applicable Standards;

Recalling that ultimate responsibility for safety oversight rests with Contracting States, who shall continuously review their
respective safety oversight capabilities;

Whereas the primary objective of the Organization continues to be that of ensuring the safety of international civil aviation
worldwide;

Recalling Assembly Resolution A35-7, which, inter alia, urged Contracting States to share critical safety information and
reminded them of the need for surveillance of all aircraft operations;

Recalling the Directors General of Civil Aviation Conference on a Global Strategy for Aviation Safety in 2006, that called
upon States to base the recognition as valid of certificates and licences of other States exclusively on safety considerations
and not for the purpose of gaining economic advantage; and recommended, inter alia, that:

a) ICAO should develop guidelines and procedures to assist States in securing the highest practicable degree
of uniformity in the recognition of certificates and licences as valid and in the surveillance of foreign aircraft
operations in their territory;

b) States should establish operating rules, in accordance with the Convention and on a non-discriminatory
basis, governing the admission and surveillance of foreign air operators within their territories;

c) States should include a safety clause in their bilateral air service agreements based on the model safety
clause developed by ICAO.

Whereas the Convention establishes the basic principles to be followed by governments to ensure that international air
transport services may be developed in an orderly and harmonious manner and it is therefore one of the purposes of ICAO
to support principles and arrangements in order that international air transport services may be established on the basis
of equality of opportunity, sound and economic operation, mutual respect of the rights of States and taking into account
the general interest;

Recognizing that the non-harmonization of operational requirements and measures governing admission of air operators
from other States may have a detrimental impact on the safety, efficiency and regularity of their operations; and

Recognizing that the uncoordinated development of national policies and programmes for the surveillance of air operators
from other States could hinder the role of international civil aviation in socio-economic development;
I-118 Assembly Resolutions in Force

The Assembly:

1. Reminds Contracting States of the need for exercising safety oversight of their operators in full compliance with
applicable SARPs, as well as assuring themselves that foreign operators flying in their territory receive adequate oversight
from their own State and taking appropriate action when necessary to preserve safety;

2. Urges all Contracting States to establish requirements and procedures for the authorization and surveillance of
operations by an operator certificated by another Contracting State, and to take appropriate action when necessary to
preserve safety;

3. Urges all Contracting States to insert into their bilateral agreements on air services a clause on aviation safety,
taking into account the model clause attached to the Resolution adopted by the Council on 13 June 2001;

4. Urges Contracting States to recognize as valid the Air Operator Certificate (AOC) issued by other Contracting
States for the purpose of flight over their territories, including landings and take-offs, provided that the requirements under
which the certificate was issued are equal to or above the minimum applicable Standards specified in Annex 6, Parts I and
III, Section II;

5. Urges the Secretary General to continue to develop guidelines and procedures to verify the conditions for
recognition as valid of certificates and licences, in keeping with Article 33 of the Convention and applicable Standards;

6. Urges Contracting States to establish operating rules governing the admission of foreign air operators within their
territories, in accordance with the Convention and on a non-discriminatory basis, and in harmonisation with ICAO
Standards, guidelines and procedures, having due regard to the need to minimize the cost and burden to the Contracting
States and to the operator;

7. Urges Contracting States to refrain from unilateral implementation of specific operational requirements and
measures governing admission of operators from other Contracting States which would adversely affect the orderly
development of international civil aviation.

A34-1: Use of funds in the separate account established

under Resolving Clause 3 of Assembly Resolution
A33-27

A40-6: Regional cooperation and assistance to resolve safety

deficiencies, establishing priorities and setting
measurable targets

Whereas a primary objective of the Organization continues to be that of ensuring the safety of international civil aviation
worldwide;

Whereas ensuring the safety of international civil aviation is also the responsibility of Member States both collectively and
individually;
I. Constitutional and General Policy Matters I-119

Whereas in accordance with Article 37 of the Convention on International Civil Aviation each Member State undertakes to
collaborate in securing the highest practicable degree of uniformity in regulation, standards, procedures and organization
in relation to aircraft, personnel, airports, airways and auxiliary services in all matters in which uniformity will facilitate and
improve air navigation;

Whereas the improvement of the safety of international civil aviation on a worldwide basis requires the active collaboration
of all stakeholders;

Whereas the Convention and its Annexes provide the legal and operational framework for Member States to build a civil
aviation safety system based on mutual trust and recognition, requiring that all Member States implement the SARPs as
far as practicable and adequately perform safety oversight;

Whereas the results of the audits and ICAO Coordinated Validation Missions (ICVMs) conducted under the Universal
Safety Oversight Audit Programme Continuous Monitoring Approach (USOAP-CMA) indicate that several Member States
have not yet been able to establish a satisfactory national safety oversight system and some Member States have been
identified as having significant safety concerns (SSCs);

Whereas ICAO plays a leadership role in facilitating the implementation of SARPs and the rectification of safety-related
deficiencies by coordinating support and harnessing resources among aviation safety partners;

Recognizing that the ICAO Plans of Action developed for individual Member States serve as platforms to provide, in
coordination with other stakeholders, direct assistance and guidance to those States in resolving their SSCs as well as
addressing low effective implementation (EI) of critical elements;

Whereas ICAO has a Policy on Regional Cooperation which is committed to render assistance, advice and any other form
of support, to the extent possible, in the technical and policy aspects of international civil aviation to Member States in
carrying out their responsibilities pertaining to the Convention on International Civil Aviation and ICAO Strategic Objectives,
inter alia by promoting regional cooperation through close partnerships with regional organizations and regional civil
aviation bodies;

Recognizing that not all Member States have the requisite human, technical and financial resources to adequately perform
safety oversight;

Recognizing that the establishment of subregional and regional aviation safety and safety oversight bodies, including
regional safety oversight organizations (RSOOs), has great potential to assist States in complying with their obligations
under the Chicago Convention through economies of scale and harmonization on a larger scale resulting from the
collaboration among Member States in establishing and operating a common safety oversight system;

Recalling that Member States are responsible for implementing ICAO Standards and may, in this respect, decide on a
voluntary basis to delegate certain functions to RSOOs, and that, when applicable, the word “States” should be read to
include RSOOs;

Recalling that the Thirteenth Air Navigation Conference (AN-Conf/13) (2018) recommended that ICAO continue
developing GASOS to strengthen RSOOs and to improve their effectiveness and efficiency in supporting States, while
addressing the liability, governance and cost-benefit analysis issues and other concerns raised by the Conference;

Acknowledging the recognition given in Annex 19 to RSOOs and their role in discharging delegated State safety
management functions on behalf of States;

Recognizing that groups of Member States may decide to establish regional aviation systems, the legal basis of which
may be an international Treaty and would encompass common rules and oversight applicable in the participating States;
I-120 Assembly Resolutions in Force

Recognizing that the assistance available to Member States experiencing difficulties in correcting deficiencies identified
through the safety oversight audits, particularly with priority given to those States with SSCs, would be greatly enhanced
by coordination amongst all Member States, ICAO and other concerned parties in civil aviation operations; and

Recognizing that established regional aviation safety groups (RASGs) have the objective of establishing objectives,
priorities and indicators and the setting of measurable targets to address safety-related deficiencies in each region while
ensuring consistency of action and coordination of efforts;

The Assembly:

1. Directs the Council, in partnership with all aviation safety partners, to implement a comprehensive assistance
programme that will help Member States to correct deficiencies identified through USOAP-CMA, with priority given to the
resolution of SSCs;

2. Directs the Council to promote the concepts of regional cooperation, including the strengthening of RSOOs and
RASGs, as well as the establishment of objectives, priorities and indicators and the setting of measurable targets to
address SSCs and safety-related deficiencies;

3. Directs the Council to take the appropriate actions to ensure that the specificities of a regional aviation system
established by a group of Member States are recognized and integrated in the ICAO framework;

4. Directs the Council to support the implementation and further development of the Global Aviation Safety
Oversight System (GASOS) regarding the necessary measures to strengthen, assess and support RSOOs or RAIOs to
assist their Member States in accomplishing certain safety oversight, accident and incident investigation and safety
management functions and activities, while ensuring those States maintain their obligations and responsibilities under the
Chicago Convention;

5. Directs the Council to continue to partner with Member States, industry and other aviation safety partners for
coordinating and facilitating the provision of financial and technical assistance to States and subregional and regional
safety and safety oversight bodies, including RSOOs and RASGs, in order to enhance safety and strengthen safety
oversight capabilities;

6. Directs the Council to continue the analysis of relevant safety-critical information for determining effective means
of providing assistance to States and subregional and regional safety and safety oversight bodies, including RSOOs and
RASGs;

7. Directs the Secretary General to continue to foster coordination and cooperation between ICAO, RASGs, RSOOs
and other organizations with aviation safety-related activities in order to reduce the burden on States caused by repetitive
audits or inspections and to decrease the duplication of monitoring activities;

8. Urges Member States to give the highest priority to the resolution of SSCs in order to ensure that there are no
immediate safety risks to international civil aviation and that the minimum requirements established by the Standards set
forth in the ICAO Annexes are met;

9. Urges Member States to utilize the Flight Procedures Programme, where available, for PBN implementation and,
additionally, to provide assistance (financial or otherwise) to ensure continuity and sustainability;

10. Urges Member States to develop and further strengthen regional and subregional cooperation in order to promote
the highest degree of aviation safety;

11. Calls upon all Member States and relevant aviation safety partners, wherever possible, to assist requesting States
with financial and technical resources to ensure the immediate resolution of identified SSCs and the longer-term
sustainability of the State safety oversight system;
I. Constitutional and General Policy Matters I-121

12. Encourages Member States to establish partnerships with other States, industry, financial institutions and other
aviation safety partners to strengthen safety oversight capabilities, in order to better discharge State responsibilities and
foster a safer international civil aviation system;

13. Encourages Member States to foster the creation of regional or subregional partnerships to collaborate in the
development of solutions to common problems to build State safety oversight capability, and to participate in, or provide
tangible support for, the strengthening and furtherance of subregional and regional aviation safety and safety oversight
bodies, including RSOOs;

14. Requests the Secretary General to play a leading role in coordinating efforts to assist States to resolve SSCs
through the development of ICAO Plans of Action and/or specific project proposals and to assist States to obtain the
necessary financial resources to fund such assistance projects;

15. Requests the Council to report to the next ordinary session of the Assembly on the overall implementation of the
comprehensive assistance programme; and

16. Declares that this resolution supersedes Resolution A39-14.

A40-13: The Universal Safety Oversight Audit Programme

(USOAP) Continuous Monitoring Approach (CMA)

Whereas the primary objective of the Organization continues to be that of ensuring the safety of international civil aviation
worldwide;

Whereas Article 37 of the Convention requires each Contracting State to collaborate in securing the highest practicable
degree of uniformity in regulations, standards, procedures and organization in relation to all matters in which such
uniformity will facilitate and improve air navigation;

Whereas safety oversight, and the safety of international civil aviation in general, is the responsibility of Member States,
both collectively and individually, it also depends on the active collaboration of ICAO, Member States, industry and all
other stakeholders in the implementation of the Global Aviation Safety Plan (GASP);

Whereas the DGCA/06 Conference made recommendations to allow public access to appropriate information on safety
oversight audits and to develop an additional mechanism to rapidly resolve significant safety concerns (SSCs) identified
under the ICAO Universal Safety Oversight Audit Programme (USOAP);

Whereas the High-level Safety Conference 2010 (HLSC 2010) made recommendations for ICAO to develop criteria for
the sharing of SSCs with interested stakeholders and to assess how the information on SSCs could be shared with the
public in a form which would allow them to make an informed decision about the safety of air transportation;

Whereas the HLSC 2010 made recommendations for ICAO to enter into new agreements and amend existing agreements
for the sharing of confidential safety information with international entities and organizations in order to reduce the burden
on States caused by repetitive audits or inspections and to decrease the duplication of monitoring activities;

Whereas the Thirteenth Air Navigation Conference (AN-Conf/13) made recommendations that were agreed by the Council
to continue evolving the USOAP methodology, processes and tools, as well as to ensure that the continuous monitoring
of the States remains robust, relevant and up to date;

Recalling that the 32nd Session of the Assembly resolved that a universal safety oversight audit programme be
established, comprising regular, mandatory, systematic and harmonized safety oversight audits to be carried out by ICAO;
I-122 Assembly Resolutions in Force

Whereas the 39th Session of the Assembly agreed that ICAO establish an independent group to perform a structured
review to identify adjustments to USOAP CMA with a view of further evolution and strengthening of the programme, taking
into consideration the evolving safety strategy of ICAO and States’ progress in implementing Annex 19 — Safety
Management, in particular SSP requirements, and that the Council agreed to the recommendations resulting from that
review with certain caveats to continue evolving the USOAP CMA;

Whereas the implementation of USOAP has been a major achievement for aviation safety, successfully meeting the
mandate given by Resolutions A32-11 and A35-6 and providing the ability to evaluate Member States’ oversight
capabilities and identify areas of improvement;

Recalling that Assembly Resolution A33-8 requested the Council to ensure the long-term financial sustainability of USOAP,
phasing in all of its activities into the Regular Programme budget;

Recalling the objectives of USOAP, which seeks to ensure that Member States are adequately discharging their
responsibilities for safety oversight;

Recognizing that it is essential that USOAP continues to cover all safety-related Annex provisions in order to promote the
adequate implementation of safety-related Standards and Recommended Practices;

Recognizing that the Secretary General has taken appropriate steps to ensure the establishment of an independent quality
assurance mechanism to monitor and assess programme quality;

Recognizing that the effective implementation of State action plans is essential to enhance the overall safety of global air
navigation;

Recognizing the safety enhancement contributions resulting from audits, inspections, reviews, evaluations and/or
assessments conducted by international and regional organizations, including those organizations that have agreements
with ICAO such as the Airports Council International (ACI), the European Union Aviation Safety Agency (EASA), the
European Commission (EC), the Flight Safety Foundation (FSF), the International Air Transport Association (IATA) and
the European Organisation for the Safety of Air Navigation (EUROCONTROL);

Recognizing that transparency and the sharing of safety information are among the fundamental tenets of a safe air
transportation system; and

Recognizing that regional safety oversight organizations (RSOOs) have an important role in the USOAP CMA and that,
wherever applicable, the word “States” below should be read to include RSOOs where an appropriately enabling legal
framework is in place;

The Assembly:

1. Expresses its appreciation to the Secretary General on the successful implementation of the USOAP
Continuous Monitoring Approach (CMA);

2. Directs the Secretary General to continue evolving the USOAP CMA into a more evidence-based, risk-
informed and result-oriented programme to be applied on a universal basis in order to assess the effectiveness and
sustainability of States’ safety oversight systems, as well as the progress of States in implementing safety management
requirements, in particular State safety programmes (SSPs);

3. Directs the Secretary General to implement organizational improvements necessary to successfully manage
the changes brought about by the long-term evolution of the programme, in line with the recommendations of the Group
of Experts for a Universal Safety Oversight Audit Programme Continuous Monitoring Approach (USOAP CMA) Structured
Review (GEUSR) as agreed by the Council and of the AN-Conf/13;
I. Constitutional and General Policy Matters I-123

4. Directs the Secretary General to ensure that the USOAP CMA continues to maintain as core elements the
key safety provisions contained in Annex 1 — Personnel Licensing, Annex 6 — Operation of Aircraft, Annex 8 —
Airworthiness of Aircraft, Annex 11 — Air Traffic Services, Annex 13 — Aircraft Accident and Incident Investigation,
Annex 14 — Aerodromes, and Annex 19 — Safety Management;

5. Directs the Secretary General to ensure that the USOAP CMA abides by the principles of, inter alia,
independence, universality, standardization and transparency to further strengthen global acceptance of the programme
and its results;

6. Directs the Secretary General to continue to ensure the maintenance of the quality assurance mechanism
established to monitor and assess programme quality, and the transparency of all aspects of the continuous monitoring
process;

7. Directs the Secretary General to continue the sharing of SSCs, in accordance with established procedures
on the sharing of safety information, with interested stakeholders and the public to allow them to make an informed decision
about the safety of air transportation;

8. Directs the Secretary General to make all safety oversight-related information generated by the USOAP
CMA available to all Member States through the ICAO restricted website;

9. Directs the Secretary General to continue to foster coordination and cooperation between USOAP CMA and
the audit programmes of other organizations related to aviation safety for the purpose of sharing confidential safety
information in order to reduce the burden on States caused by repetitive audits or inspections, to decrease the duplication
of efforts and find synergies to enhance the efficiency of the USOAP CMA;

10. Directs the Secretary General to continue facilitating the sharing of safety-critical information with Member
States, industry and other stakeholders, through appropriate secure websites;

11. Urges all Member States to support ICAO in the evolution of the USOAP CMA and, for those able to do so,
to second qualified and experienced technical staff to ICAO on a long- or short-term basis, with a view to enabling the
Organization to continue to successfully operate the programme;

12. Urges all Member States to submit to ICAO, in a timely manner, and keep up to date all the information and
documentation requested by ICAO for the purpose of ensuring the effective operation of the USOAP CMA;

13. Urges all Member States to cooperate with ICAO and as much as practicable to accept USOAP CMA
activities, including audits, validation missions, off-site validation activities and SSP implementation assessments, in order
to facilitate the smooth functioning of the USOAP CMA;

14. Urges all Member States to implement corrective action plans to address the findings identified during
USOAP CMA activities;

15. Urges all Member States to share with other Member States critical safety information which may have an
impact on the safety of international air navigation and to facilitate access to all relevant safety information;

16. Encourages Member States to make full use of available safety information when performing their safety
oversight functions, including during inspections as provided for in Article 16 of the Convention;

17. Reminds Member States of the need for surveillance of all aircraft operations, including foreign aircraft within
their territory, and to take appropriate action when necessary to preserve safety;
I-124 Assembly Resolutions in Force

18. Directs the Council to prioritize the work on the evolution of the USOAP CMA and strive for adequate human
and financial resources to be made available to the programme as well as to report to the next ordinary session of the
Assembly on the evolution and performance of the USOAP CMA; and

19. Declares that this resolution supersedes Resolution A37-5.

A37-16: The Safety Fund (SAFE)

Whereas under Article 44 of the Convention on International Civil Aviation the aims and objectives of ICAO inter alia are
to foster planning and development of international air transport so as to ensure the safe and orderly growth of international
civil aviation, meet the needs of the people of the world for safe, regular and economical air transport, and promote safety
of flight in international air navigation;

Whereas Articles 69 to 76 of the Convention provide that the Council may make arrangements as appropriate with a view
to finding means for the improvement of air navigation facilities of Contracting States as required so as to ensure safe,
regular, efficient and economical operation of international air services;

Whereas, under Article 70 of the Convention, the Council may, in the circumstances arising under the provision of
Article 69, make arrangements with Contracting States relating to the financing of air navigation facilities;

Considering that, in some cases, Contracting States may not have access to the necessary resources for improvements
to their air navigation facilities, in particular for the remedy of safety-related deficiencies identified through the ICAO
Universal Safety Oversight Audit Programme (USOAP);

Whereas most developing States experience difficulties in gaining access to many financial market sources, particularly
foreign capital markets, for funding their airport and air navigation services infrastructure, including safety-related
components of that infrastructure;

Whereas the High-level Safety Conference (HLSC) 2010 identified several States and regions of the world that are in need
of assistance in the development of sustainable levels of aviation safety, and particularly in the development of funding
models that would guarantee sustainability in the provision of infrastructure and services for adequate air transport activity;

Whereas the HLSC 2010 made a recommendation that ICAO should work with States and Regional Organizations
requiring assistance to develop appropriate funding models to ensure the sustainable provision of infrastructure and
services based on the level of activity for adequate air transport activity; and

Whereas the Council decided to establish the Safety Fund (SAFE) with the objective of improving the safety of civil aviation
through the use of a performance-based approach which will limit administrative costs and will not impose any costs on
the Regular Programme Budget of the Organization, while ensuring that voluntary contributions to the fund are used in a
responsible, useful and timely manner;

The Assembly:

1. Expresses appreciation to Contracting States and international organizations for their contributions to ICAO
Funds associated with improving the safety of civil aviation;

2. Urges Contracting States, international organizations and public and private parties associated with international
civil aviation to make voluntary contributions to SAFE;
I. Constitutional and General Policy Matters I-125

3. Requests that the Council support the smooth functioning of the SAFE through consistent monitoring of progress
made by the SAFE in funding safety-related projects; and

4. Requests that the Council make every effort to attract contributions to the SAFE from States and other
contributors.

A34-1: Use of funds in the separate account established

under Resolving Clause 3 of Assembly Resolution
A33-27

A31-9: Implementation of the ICAO programme for the

prevention of controlled flight into terrain (CFIT)

Whereas the primary objective of the Organization continues to be that of ensuring the safety of international civil aviation
worldwide;

Whereas it is known that controlled flight into terrain has constituted a serious and increasing problem over the past two
decades;

Whereas it has been demonstrated that there has been a higher proportion of controlled flight into terrain accidents in
domestic operations than in international operations;

Whereas it is acknowledged that major efforts are being made to develop and to implement a controlled flight into terrain
prevention programme, and that the ICAO Standards relating to ground proximity warning systems (GPWS) have been
updated;

Whereas the Industry CFIT Task Force has established a primary objective of a fifty per cent reduction in the global CFIT
accident rate by 1998;

Whereas it is apparent that, even with the development and implementation of a controlled flight into terrain prevention
programme including updated ground proximity warning system (GPWS) requirements, these measures will not be fully
effective unless States implement the programme in domestic as well as in international operations;

Whereas Article 37 of the Convention on International Civil Aviation requires each Contracting State to collaborate in
securing the highest practicable degree of uniformity in regulations and practices in all matters in which uniformity will
facilitate and improve air navigation;

Whereas Assembly Resolution A29-3 urges States and groups of States, which have not already done so, to take positive
action to promote global harmonization of national rules for the application of ICAO Standards;

Whereas Assembly Resolution A29-13 calls on Contracting States to reaffirm their safety oversight obligations, especially
the important safety provisions contained in Annexes 1 and 6 of the Chicago Convention;

Whereas Assembly Resolution A29-13 urges Contracting States to review their national legislation implementing those
obligations and to review their safety oversight procedures to ensure effective implementation;
I-126 Assembly Resolutions in Force

The Assembly:

1. Directs the Council to continue to develop the ICAO programme for the prevention of CFIT as a matter of high
priority;

2. Urges States to implement the ICAO programme for the prevention of CFIT including the related ICAO provisions,
particularly those concerning the carriage of GPWS, in domestic as well as in international operations; and

3. Urges States to take all necessary measures to assist in achieving the primary objective of a fifty per cent
reduction in the global CFIT accident rate by the year 1998.

A40-1: ICAO global planning for safety and air navigation

A40-3: Protection of safety data and safety information

collected for maintaining or improving safety and of
flight recorder recordings in normal operations

A37-6: Runway safety

Whereas runway accidents constitute a large portion of all accidents and have resulted in a great number of fatalities;

Whereas runway excursions are the highest single occurrence category of all accidents over the last ten years for all
commercial and general aviation operations of fixed-wing aircraft above 5 700 kg certified maximum take-off mass;

Whereas there are several areas of technological development underway in the aviation industry that show great promise
in the prevention and mitigation of runway accidents and serious incidents;

The Assembly:

1. Urges States to take measures to enhance runway safety, including the establishment of runway safety
programmes using a multidisciplinary approach, that include at least regulators, aircraft operators, air navigation services
providers, aerodrome operators and aircraft manufacturers to prevent and mitigate the effects of runway excursions,
runway incursions and other occurrences related to runway safety;

2. Resolves that ICAO shall actively pursue runway safety using a multidisciplinary approach; and

3. Invites States to monitor runway safety events and related precursors as part of the safety data collection and
processing system established under their State Safety Programmes.

Associated Practices

1. The runway safety programmes should be based on inter-organizational safety management including the
creation of local runway safety teams that address prevention and mitigation of runway excursions, runway incursions and
other occurrences related to runway safety.
I. Constitutional and General Policy Matters I-127

2. The Council should further develop provisions to assist States in establishing runway safety programmes.

3. States should be encouraged to participate in global and regional seminars and workshops to exchange safety
information and best practices on runway safety.

A36-10: Improving accident prevention in civil aviation

Whereas the primary objective of the Organization continues to be that of ensuring the safety of international civil aviation
worldwide;

Whereas it is essential that aircraft accidents and incidents, wherever they occur, be promptly and thoroughly investigated
and reported, and that lessons learned from investigations, including safety recommendations, be promptly disseminated
to other Contracting States concerned and to ICAO for prevention purposes;

Whereas efforts to implement regulations in themselves are not sufficient to reduce the accident rate;

Noting that repetitive accident types continue to occur in air transport operations worldwide;

Recognizing that the volume of air transport operations is expected to increase significantly in the coming years;

Recognizing that combined with the expected increase in operations, the relatively unchanged trend in the accident rate
over the past several years might lead to an increase in the number of accidents per year;

Recognizing that there are many challenges to effective accident prevention, and that more effective identification and
correction of aviation hazards and system deficiencies are required in order to complement regulatory efforts in further
reducing the number of worldwide accidents and to improve the accident rate;
Recognizing that open safety investigation systems depend on principles of non-punitive action and confidentiality
guarantees;

Recognizing that a number of States have introduced non-punitive accident prevention activities to complement their
regulatory safety programmes; and

Recognizing that sharing of safety information derived from safety investigation systems depends on all States respecting
the non-punitive and confidentiality guarantees that underpin the generation of that information;

The Assembly:

1. Calls on Contracting States to reaffirm their commitment to the safety of civil aviation;

2. Urges Contracting States, in adhering to the provisions of Annex 13 to the Convention on International Civil
Aviation, to take prompt action to investigate and report on aircraft accidents and incidents and disseminate the
information, including safety recommendations, to other Contracting States concerned and ICAO, so as to make more
effective the accident prevention efforts of States and ICAO;

3. Urges Contracting States to undertake every effort to enhance accident prevention measures, particularly in the
areas of personnel training, information feedback and analysis and to implement voluntary and non-punitive reporting
systems, so as to meet the new challenges in managing flight safety, posed by the anticipated growth and complexity of
civil aviation;
I-128 Assembly Resolutions in Force

4. Urges Contracting States to cooperate with ICAO and other States in a position to do so, in the development and
implementation of accident prevention measures designed to integrate skills and resources to achieve a consistently high
level of safety throughout civil aviation; and

5. Urges all States which receive safety information derived from another State’s safety investigation system to respect
the system of confidentiality and disclosure principles under which the providing State generated that information;

6. Declares that this resolution supersedes Resolution A31-10.

A40-2: Protection of accident and incident investigation

records

Whereas the primary objective of the Organization continues to be that of ensuring the safety of international civil aviation
worldwide;

Whereas it is essential that cognizance be taken that it is not the purpose of the investigation of accidents and incidents
to apportion blame or liability;

Recognizing that it is essential that all relevant information be made available to the accident investigation authorities to
facilitate the establishment of the causes and/or contributing factors of accidents and incidents in order to enable
preventative action to be taken;

Recognizing that the prevention of accidents is essential to safeguard the continued confidence in air transport;

Recognizing that public attention will continue to focus on States’ investigative actions, including calls for access to
accident and incident records;

Recognizing that the protection of certain accident and incident records from purposes other than accident or incident
investigation is essential to ensure the continued availability of all relevant information to accident investigation authorities
in future investigations;

Recognizing that the use of information, derived from accident investigations, for disciplinary, civil, administrative and
criminal proceedings is generally not a means to maintain or improve aviation safety;

Recognizing that the measures taken so far to ensure the protection of certain accident and incident records may not be
sufficient, and noting the issuance by ICAO of new and enhanced provisions for the protection of accident and incident
investigation records in Annex 13 — Aircraft Accident and Incident Investigation;

Recognizing the need to incorporate into national laws the protection of accident and incident investigation records listed
in Annex 13 in order to ensure that the determination of the competent authorities designated by Member States has legal
standing and to facilitate the administration of the balancing test by such authorities;

Considering that a balance needs to be struck between the need for the protection of accident and incident investigation
records and the need for their disclosure or use, and that protection is not aimed at preventing the administration of justice;
and

Mindful that the accident investigation authorities can only afford protection to certain investigation records that are under
their custody or control;
I. Constitutional and General Policy Matters I-129

The Assembly:

1. Calls on Member States to reaffirm their commitment to protect accident and incident investigation records in
compliance with Annex 13;

2. Urges Member States to examine and if necessary adjust their laws, regulations and policies to protect accident
and incident investigation records in compliance with paragraph 5.12 and Appendix 2 to Annex 13, in order to mitigate
impediments to accident and incident investigations, and to ensure continued availability of all relevant information to
accident investigation authorities; and

3. Declares that this resolution supersedes Resolution A38-3.

A41-7: Support of the ICAO policy on radio frequency

spectrum matters

Whereas ICAO is the specialized agency of the United Nations responsible for the safety, regularity and efficiency of
international civil aviation;

Whereas ICAO adopts international Standards and Recommended Practices (SARPs) for aeronautical communications
systems and radio navigation aids;

Whereas the International Telecommunication Union (ITU) is the specialized agency of the United Nations regulating the
use of the radio frequency spectrum;

Whereas the ICAO position, as approved by the Council, for ITU World Radiocommunication Conferences (WRCs) is the
result of the coordination of international aviation requirements for radio frequency spectrum;

Whereas a comprehensive frequency spectrum strategy is required by aviation to support timely availability and
appropriate protection of adequate spectrum;

Whereas a sustainable environment for growth and technology development is required to support safety and operational
effectiveness for current and future operational systems and allow for the transition between present and future
technologies;

Recognizing that the development and the implementation of the communications, navigation, and surveillance/air traffic
management (CNS/ATM) systems and the safety of international civil aviation could be seriously jeopardized unless
requirements for appropriate aviation safety spectrum allocations are satisfied and the continued protection of those
allocations is achieved;

Recognizing that unresolved spectrum issues relating to aeronautical safety services have resulted in flight cancellations,
degradations of air traffic management services and interruptions of flight operations;

Recognizing that to ensure optimal use of the frequency spectrum allocated to aviation, efficient frequency management
and use of best practices are required;

Recognizing that support from ITU member administrations is required to ensure that the ICAO position is supported by
the WRC and that aviation requirements are met;
I-130 Assembly Resolutions in Force

Considering the urgent need to increase such support due to the growing demand for spectrum and aggressive competition
from commercial telecommunications services;

Considering the increased level of ITU WRC preparation activities associated with the growing demand for bandwidth from
all users of the radio frequency (RF) spectrum, as well as the increased importance of the development of regional
positions by regional telecommunication bodies, such as APT, ASMG, ATU, CEPT, CITEL and RCC4; and

Considering Recommendations 7/3 and 7/6 of the Special Communications/Operations Divisional Meeting (1995) (SP
COM/OPS/95), Recommendation 5/2 of the 11th Air Navigation Conference (2003), and Recommendation 1/12 of the
12th Air Navigation Conference (2012), and Recommendation 5/5 of the High-level Conference on COVID-19 (2021);

The Assembly:

1. Urges Member States, international organizations and other civil aviation stakeholders to support firmly the ICAO
frequency spectrum strategy and the ICAO position at WRCs and in regional and other international activities conducted
in preparation for WRCs, including by the following means:

a) working together to deliver spectrum-efficient aeronautical systems as well as frequency management that
meet current best practices;

b) supporting ICAO activities relating to the aviation frequency spectrum strategy and policy through relevant
expert group meetings and regional planning groups;

c) undertaking to provide for aviation interests to be fully integrated in the development of their positions
presented to regional telecommunications fora involved in the preparation of joint proposals to the WRC;

d) including in their proposals to the WRC, to the extent possible, material consistent with the ICAO position;

e) supporting the ICAO position and the ICAO policy statements at ITU WRCs as approved by Council and
incorporated in the Handbook on Radio Frequency Spectrum Requirements for Civil Aviation (Doc 9718);

f) undertaking to provide civil aviation experts to fully participate in the development of States’ and regional
positions and development of aviation interests at the ITU; and

g) ensuring, to the maximum extent possible, that their delegations to regional conferences, ITU study groups
and WRCs include experts from their civil aviation authorities and other civil aviation stakeholders who are
fully prepared to represent aviation interests;

2. Urges Member States to consider, as a priority, public and aviation safety when deciding how to enable new or
additional services, and to consult with aviation safety regulators, subject matter experts and airspace users, to provide
all necessary considerations and to establish regulatory measures to ensure that incumbent aviation systems and services
are free from harmful interference.

3. Requests the Secretary General to bring to the attention of ITU the importance of adequate radio frequency
spectrum allocation and protection for the safety of aviation;

4. Instructs the Council and the Secretary General, as a matter of high priority within the budget adopted by the
Assembly, to ensure that the resources necessary to support the development and implementation of a comprehensive
aviation frequency spectrum strategy, as well as increased participation by ICAO in international and regional spectrum
management activities are made available; and

5. Declares that this resolution supersedes Resolution A38-6.

I. Constitutional and General Policy Matters I-131

A29-14: Humanitarian Flights

The Assembly:

Considering the growing number and the diversity of flights operated by civil aircraft, in the sense of the Chicago
Convention, within the framework of humanitarian relief missions undertaken under the auspices of the United Nations to
cope with emergency situations;

Noting the approach made in 1991 to ICAO by the Secretary-General of the United Nations, with a view to facilitating
humanitarian relief missions by air;

Noting the actions undertaken and contemplated by the Council and its subsidiary bodies to meet these new requirements;

1. Encourages the Council to continue as a matter of high priority the review of the Standards, Recommended
Practices and Guidance Material in force, with a view to making the amendments thereto which are deemed desirable for
flights operated for humanitarian purposes to take place safely;

2. Calls upon States to take the necessary measures to facilitate the operation and ensure the safety of these flights.

A40-11: Consolidated statement of continuing ICAO policies

related to aviation security

A40-9: Consolidated statement of continuing ICAO policies in

the air transport field

A27-11: Airport and airspace congestion

A27-13: Safeguarding international public air

transport

A40-28: Consolidated statement of continuing ICAO policies in

the legal field

A41-14: Assistance to victims of aviation accidents and their

families

Having considered that, even though international air transport is the safest means of transportation, the total elimination
of serious accidents cannot be guaranteed;

Whereas the actions of the State of Occurrence should address the most critical needs of persons affected by a civil
aviation accident and recalling the inclusion, in 2005, of provisions in Annex 9 to enable expeditious entry into the State
in which an accident occurs for family members of victims of aircraft accidents;
I-132 Assembly Resolutions in Force

Whereas the policy of ICAO should be to ensure that the mental, physical, and spiritual well-being of victims involved in
civil aviation accidents and their families are considered and accommodated by ICAO and its Member States;

Whereas it is essential that ICAO and its Member States recognize the importance of timely notification of family members
of victims involved in civil aviation accidents; the prompt recovery and accurate identification of victims; the return of the
victims’ personal effects; and the dissemination of accurate information to family members;

Recognizing the role of Governments of nationals, who are victims of civil aviation accidents, in notifying and assisting
families of the victims;

Recalling the provision of Article 28 of the Montréal Convention of 1999 as well as Resolution No. 2 adopted by the
Montréal Conference, which called for the provision of advance payments, without delay, to aircraft accident victims, and
their families and acknowledging that lack of universal ratification of the Montréal Convention hinders improved and
standardized compensation regimes;

Recalling the adoption of Amendment 29 to ICAO Annex 9 — Facilitation which has elevated Recommended Practice
8.46 to Standard 8.47, thus obliging States to establish legislation, regulations and/or policies in support of assistance to
aircraft accident victims and their families;

Acknowledging the approval by the Council of the ICAO Policy on Assistance to Aircraft Accident Victims and their Families
(Doc 9998) in March 2013 and the issuance of the Manual on Assistance to Aircraft Accident Victims and their Families
(Doc 9973) in December 2013;

Acknowledging that a review of the electronic filing of differences (EFOD) system compliance checklist (CC) has indicated
a low implementation rate of Annex 9 Standards and Recommended Practices (SARPs);

Whereas it is essential that support be provided to family members of victims of civil aviation accidents, wherever the
accident may occur, and any lessons learned from support providers, including effective procedures and policies, be
promptly disseminated to other Member States and ICAO to improve States’ family support operations;

Considering that harmonization of the regulations for dealing with the needs of victims of civil aviation accidents and their
families is also a humanitarian duty and a permissive function of the ICAO Council contemplated in Article 55 (c) of the
Chicago Convention;

Considering that States should provide a homogeneous solution for treatment of victims of civil aviation accidents and
their families;

Recognizing that the air carrier involved in a civil aviation accident is often best situated to assist families in the immediate
aftermath of the accident;

Recognizing the importance of the Council’s decision to officially designate 20 February as the International Day for
Commemorating Air Crash Victims and their Families in remembering the victims and expressing solidarity with their
families, as well as continuing to enhance aviation safety and prevent such tragedies from happening in the future;

Acknowledging the outcomes of the ICAO Symposium on Assistance to Aircraft Accident Victims and their Families
(AAAVF 2021), including the 30 recommendations encapsulated in the Symposium report;

Recalling the useful initiatives of the Air Crash Victims’ Families’ Federation International (ACVFFI) in assisting family
members of victims;

Noting that family members of victims of a civil aviation accident, irrespective of where the accident occurs or the national
origin of the victims, express certain fundamental human needs and emotions; and
I. Constitutional and General Policy Matters I-133

Recognizing that public attention will continue to focus on States’ investigative actions, as well as the human interest
aspects of a civil aviation accident;

The Assembly:

1. Calls on Member States to reaffirm their commitment to support victims of civil aviation accidents and their family
members;

2. Urges Member States to establish legislation, regulations and/or policies to support victims of civil aviation
accidents and their family members, as mandated by ICAO Annex 9 Standard 8.47, and pursuant to Article 28 of the
Montréal Convention of 28 May 1999 and Resolution No. 2 adopted by the Montréal Conference;

3. Encourages States that have legislation, regulations and/or policies to support civil aviation accident victims and
their families to review these documents, as necessary, in consideration of the ICAO Policy in Doc 9998 and of the
guidance material in Doc 9973;

4. Urges Member States to regularly inform ICAO, through the compliance checklist (CC) in the electronic filing of
differences (EFOD) system regarding their level of implementation of Annex 9 provisions associated with family assistance
plans;

5. Urges Member States to recognize 20 February as the International Day for Commemorating Air Crash Victims
and their Families and conduct national commemorations relevant to their citizens impacted by civil aviation tragedies;

6. Urges Member States which have not already done so, to ratify and implement the Montréal Convention of 28
May 1999 (Convention for the Unification of Certain Rules for International Carriage by Air);

7. Welcomes the recommendations of the Symposium and directs the Council to incorporate into the next triennium
Business Plan those Symposium recommendations that require further consultation with expert groups, and in particular
to support capacity-building needs of Member States;

8. Directs the Council to actively and timely follow-up on the relevant ICAO expert groups regarding those
recommendations emanating from the Symposium as required;

9. Directs the Council, when considering the extent of the level of implementation of family assistance plans, to give
further consideration to the development of Standards and Recommended Practices to support victims of civil aviation
accidents and their family members; and

10. Declares that this resolution supersedes Resolution A39-27.

A39-23: No Country Left Behind (NCLB) Initiative

Whereas to realize these goals, the Organization has established Strategic Objectives on safety, air navigation capacity
and efficiency, security and facilitation, economic development of air transport and environmental protection;
I-134 Assembly Resolutions in Force

Recalling that several Assembly resolutions, including A38-5, A38-11, A38-12, A38-15, A38-16, A38-17, and A33-9,
urge States to increase the implementation of ICAO Standards and Recommended Practices (SARPs);

Recognizing that all States should effectively implement ICAO’s Standards and Recommended Practices (SARPs) and
policies so that all States have safe, secure, efficient, economically viable and environmentally sound air transport systems
which support sustainable development and socio-economic prosperity, and which ultimately help to create and preserve
friendship and understanding among the nations and peoples of the world;

Whereas the findings of the Universal Safety Oversight Audit Programme (USOAP) and the Universal Security Audit
Programme (USAP) activities continue to indicate that many States experience difficulties in the implementation of ICAO
SARPs;

Recognizing that due to a varying level of capacity to meet and sustain their compliance with SARPs, States are not always
able to effectively implement SARPs in a timely manner at the rate in which they are adopted by ICAO;

Recognizing that the Council has established the No Country Left Behind (NCLB) initiative;

Recognizing that the successful implementation of the No Country Left Behind (NCLB) initiative will enhance States’ air
transport systems and align with the achievement of the United Nations (UN) Sustainable Development Goals (SDGs);

Recognizing that further progress in improving civil aviation, including the efficient human and financial resources for the
implementation of assistance activities that are tailored to the needs of individual States, is best achieved through a
cooperative, collaborative and coordinated approach in partnership with all stakeholders; and
Recognizing that all ICAO assistance activities and mechanisms have the common objective of supporting the effective
implementation of SARPs and policies;

The Assembly:

1. Urges Members States to endorse the No Country Left Behind (NCLB) initiative;

2. Urges Member States to improve their civil aviation systems by actively participating in ICAO’s work and by
effectively implementing ICAO SARPs and policies so that they can foster sustainable local and regional prosperity and
fully benefit from improved global connectivity;

3. Directs the Council to maintain the focus of the community on the global contribution and value of aviation through
support of NCLB efforts and future ICAO World Aviation Forums;

4. Directs the Secretary General to coordinate, facilitate and implement comprehensive assistance programmes,
in partnership with all stakeholders, that will help Member States in enhancing their civil aviation systems and oversight
capabilities;

5. Urges Member States, the industry, financial institutions, donors and other stakeholders to coordinate and
cooperate amongst themselves and through ICAO, and to support the implementation of assistance activities in line with
the global and regional priorities established by ICAO, thereby avoiding duplication of efforts;

6. Urges Member States, international and regional organizations, and financial institutions to use ICAO data-driven
decision-making tools and services to assist in identifying the deficiencies in aviation, implementing ICAO projects and
programmes, mapping solutions, developing business cases, and identifying funding needs to facilitate finding potential
donors and investors;

7. Encourages Member States to include within their aviation infrastructure development projects elements of
training and capacity building aimed at strengthening their civil aviation authorities to enable an effective oversight of such
infrastructure;
I. Constitutional and General Policy Matters I-135

8. Encourages Member States to establish partnerships with other Member States, industry, financial
institutions, donors and other stakeholders through ICAO to enhance their civil aviation systems and oversight capabilities;

9. Encourages Member States to make use of and benefit from the ICAO Air Services Negotiation (ICAN) facility,
as a forum for Member States to negotiate and conclude bilateral and/or multilateral air services agreements, which
contributes to enhancing air transport connectivity and consequently the development of tourism, trade, and national and
global economies;

10. Calls on all Member States and relevant partners able to do so to provide States in need with financial and
technical resources to assist them in enhancing their civil aviation systems by implementing SARPs and fulfilling their
oversight responsibilities;

11. Instructs the Secretary General to further enhance its coordinated and comprehensive implementation and
evaluation mechanisms to assist States in implementing ICAO SARPs, policies, plans and programmes;

12. Requests the Secretary General to coordinate with States, international organizations, industry and donors on
the implementation of assistance activities by establishing partnerships through an ICAO network for aviation
development;

13. Requests the Secretary General to engage States and financial institutions to secure their support for
strengthening the safety, security and efficiency of the global aviation system;

14. Urges industry and financial institutions to develop and present to ICAO their own action plans in support of the
full implementation of this resolution.

A41-13: Strategy on disaster risk reduction and response

mechanism in aviation

Whereas Article 44 of the Convention on International Civil Aviation states that among the aims and objectives of ICAO
are to foster the planning and development of international air transport so as to meet the needs of the people of the world
for safe, regular, efficient and economical air transport;

Mindful that natural disasters damage the social and economic infrastructure of all countries, and the long-term
consequences of natural disasters are especially severe for developing countries and hamper their sustainable
development;

Mindful that States are primarily responsible for the prevention and reduction of disaster risk and any response undertaken
by the Organization should be guided by, and in concert with, the State(s) affected;

Recognizing that Annex 1 — Personnel Licensing, Annex 6 — Operation of Aircraft, Annex 9 — Facilitation, Annex 11 —
Air Traffic Services, Annex 14 — Aerodromes and Annex 19 — Safety Management provide Standards and
Recommended Practices (SARPs) for States relating to emergency planning and response, as well as border control
formalities relating to relief flights following natural or man-made disasters;
I-136 Assembly Resolutions in Force

Recognizing that disaster risk reduction is an important function of the United Nations System and should receive
continued attention, and stressing the need for the international community to demonstrate the firm political determination
required to utilize scientific and technical knowledge to reduce vulnerability to natural disasters and environmental hazards,
taking into account the particular needs of developing countries;

Recognizing that all States have a vital need for disaster-resilient aviation infrastructure to promote socio-economic
development and, in times of need, to support the timely and efficient distribution of aid;

Recognizing that all States can benefit from integrating disaster risk reduction strategies into their Air Transport Sector
Strategic Plans; and

Recognizing that there is a need to coordinate at the most appropriate level the political and operational response to
natural or man-made disasters reaching a regional or global scale;

The Assembly:

1. Urges States to recognize the significant role of aviation in the context of disaster risk reduction at the national
level, including in their Air Transport Sector Strategic Plans;

2. Urges States to take into consideration the disaster risk reduction priorities as contained in the Sendai Framework
for Disaster Risk Reduction 2015–2030, as well as the best practices of Member States, in the development of their State
emergency response plans, as well as in the emergency response plan requirements for aviation service providers;

3. Directs the Council to establish a crisis response policy and disaster risk reduction strategy in aviation that would
institutionalize and guide the Organizations strategic approach and tactical responses to aviation-specific crises that could
affect the safety or continuity of international civil aviation;

4. Directs the Council to assist States in implementing disaster risk reduction strategies in aviation with priority given
to Least Developed Countries (LDCs), Landlocked Developing Countries (LLDCs) and Small Island Developing States
(SIDS);

5. Instructs the Secretary General to establish an ICAO network of crisis coordination structures and associated
coordination mechanisms, and an arrangement between ICAO, regions, States and industry supporting coordinated
political and operational crisis response and assistance at the most appropriate level;

6. Instructs the Secretary General to continue working collaboratively within the United Nations System to ensure
timely, coordinated and high-quality assistance to all States where disaster losses pose a threat to people’s health and
development; and

7. Instructs the Secretary General to ensure that ICAO participate, when applicable and in alignment with its
Strategic Objectives, in appropriate mechanisms put in place to support the cross-sectorial implementation of the Sendai
Framework for Disaster Risk Reduction 2015–2030 and the United Nations Plan of Action on Disaster Risk Reduction for
Resilience.

A41-24: Aviation’s contribution towards the United Nations

2030 Agenda for Sustainable Development

Recognizing that air transport is a catalyst for sustainable development and that it represents an essential life line for Least
Developed Countries (LDCs), and especially for Landlocked Developing Countries (LLDCs) and Small Island Developing
States (SIDS) to connect to the world;
I. Constitutional and General Policy Matters I-137

Recognizing that air transport connectivity is of utmost importance for the economic, social and territorial cohesion of
Member States and their populations;

Recognizing that the benefits enabled by air transportation can only materialize if States have a safe, efficient, secure,
economically viable and environmentally sound air transport system;

Whereas the No Country Left Behind (NCLB) initiative aims at assisting States in effectively implementing ICAO Standards
and Recommended Practices (SARPs), plans, policies and programmes, as well as addressing significant safety and
security concerns so as to ensure that all States have access to the significant socio-economic benefits of air transport;

Whereas the General Assembly of the United Nations adopted the Transforming our World: The 2030 Agenda for
Sustainable Development that includes a set of seventeen universal and transformative goals supported by 169 targets
that balance the economic, social and environmental dimensions of sustainable development;

Recalling that the scale and ambition of the 2030 Agenda for Sustainable Development call for a global partnership that
will bring together Governments, the private sector, civil society, the United Nations system and other actors to mobilize
all available resources for its implementation;

Whereas the delivery of ICAO Strategic Objectives on safety, air navigation capacity and efficiency, security and
facilitation, economic development of air transport, and environmental protection contribute to the attainment of the United
Nation Sustainable Development Goals (SDGs);

Recognizing that the UN High-Level Political Forum on Sustainable Development is the prime venue where States, through
the Voluntary National Reviews (VNRs), deliver an update on annual progress and challenges on implementation towards
the achievement of the SDGs at a national level;

Recognizing the importance of global frameworks to support the Strategic Objectives of ICAO;

Recognizing the importance of effective implementation of regional and national plans and initiatives based on the global
frameworks;

Recognizing that a clearly defined relationship between broader national development plans and strategies and national
aviation policies, plans and frameworks is essential to enable the prioritization and optimum allocation of resources to
aviation;

Recalling the unprecedented global crisis caused by the COVID-19 pandemic, destabilizing the aviation industry, including
profoundly affecting its workforce, and hampering the implementation of the 2030 Agenda and SDG progress;

Recalling the continued challenges and needs of the least developed countries in all regions, including in Africa;

Recognizing the importance of international solidarity and multilateral partnerships and mechanisms in support of an
inclusive, sustainable and resilient economic recovery that promotes sustainable development of international civil aviation
and advances the SDGs;

The Assembly:

1. Urges Member States to recognize the significant contributions of aviation to sustainable development realized
by stimulating employment, trade, tourism and other areas of economic development at the national, regional and global
levels, as well as by facilitating humanitarian and disaster response to crises and public health emergencies;
I-138 Assembly Resolutions in Force

2. Directs the Council and the Secretary General, within their respective competencies, to demonstrate that ICAO
continues to serve as an advocate for aviation by raising awareness among Member States, including relevant authorities
beyond the air transport sector, the United Nations system, the donor community and all relevant stakeholders about
aviation’s contributions to sustainable development and the attainment of the SDGs;

3. Urges Member States to report on aviation, as an enabler of sustainable development, within their VNRs,
through establishing linkages with other relevant SDGs;

4. Encourages Member States to include clear references to the UN SDGs in their relevant national plans, with
the objective of showcasing the contribution of aviation to the UN SDGs and national economies;

5. Urges Member States to enhance their air transport systems by effectively implementing ICAO SARPs and
policies, while at the same time including and elevating the priority of the aviation sector into their national development
plans supported by robust air transport sector strategic plans and civil aviation master plans, thereby leading to the
attainment of the SDGs;

6. Encourages Member States to consider establishing a clearly-defined relationship between their national
development plans, and national civil aviation policy, plans and strategies, as well as relevant underlying plans and
programmes;

7. Urges Member States to ensure that frameworks and capabilities are developed and implemented as necessary
and that structures for partnership and collaboration at national, regional and international levels are put in place to ensure
resilience of the civil aviation sector to future global challenges in order to ensure continued contributions of aviation to
attainment of the SDGs;

8. Encourages Member States to enhance their efforts around collaboration and effective partnerships in support
of the development of civil aviation, in particular in LDCs, LLDCs and SIDS, especially through development assistance,
South-South and triangular cooperation;

9. Encourages Member States to enhance the resilience of their aviation systems through including crisis
preparedness plans and risk management measures in their aviation policies, planning and operations in order help to
maintain essential mobility for air passenger and the transport of critical goods in the face of crises while ensuring the
safety of the aviation workforce;

10. Directs the Secretary General to consider the special needs and characteristics of LDCs, LLDCs and SIDS,
identified within the framework of the United Nations, in the coordination, prioritization, facilitation and implementation of
assistance programmes aimed at enhancing their air transport systems;

11. Directs the Secretary General to continue monitoring and reviewing, when applicable, the contributions made
towards the attainment of the SDGs through the implementation of ICAO Strategic Objectives and work programmes;

12. Directs the Secretary General to ensure that ICAO participate, when applicable and in alignment with its Strategic
Objectives, in appropriate mechanisms put in place to support the implementation of the 2030 Agenda for Sustainable
Development so that aviation is recognized and prioritized as such by Member States in their development plans;

13. Requests the Secretary General to enhance existing and establish new partnerships with Member States, the
aviation industry, the United Nations system, international and regional organizations, financial institutions, donors and
other actors to assist Member States in enhancing their air transport systems with a view to contributing, consequently, to
the attainment of the SDGs; and
I. Constitutional and General Policy Matters I-139

14. Declares that this Resolution supersedes A40-21 on United Nations 2030 Agenda on Sustainable Development.

A40-22: Resource Mobilization

Recognizing that air transport is a catalyst for sustainable development and that despite its socio-economic significance,
it receives limited funds from existing international funding mechanisms to support its development;

Recognizing that the successful implementation of the No Country Left Behind (NCLB) initiative will rely on an increased
level of funding and investments supported by all Member States;

Considering that, in some cases, Member States may not have access to the necessary resources to remedy the
deficiencies identified through ICAO audit programmes and to enhance their air transport systems;

Whereas most developing States experience difficulties in gaining access to many financial market sources, particularly
foreign capital markets, for funding sustainable development of civil aviation;

Whereas the Council has established, based on ICAO Strategic Objectives, thematic and multi-donor trust funds with the
objective of assisting Member States in enhancing civil aviation;

Recalling that several Assembly resolutions, including A39-12, A39-14, A39-16, 39-18, A38-7, A37-16, A36-18, A35-15,
A33-1, A33-9, A29-13 and A22-19, urge States, international organizations and financial institutions to establish
partnerships, mobilize resources for technical assistance and make voluntary contributions to ICAO Funds;

Acknowledging Member States, international and regional organizations and other donors’ significant contributions to
ICAO Funds associated with the fulfilment of the objectives of ICAO;

Recognizing that a holistic and purposeful resource mobilization capacity has the potential for increasing ICAO’s support
to States in facilitating access to funds to enhance their civil aviation systems;

Whereas ICAO has a Resource Mobilization Policy aimed at achieving adequate, more predictable and sustainable
voluntary contributions to realize the Organization’s mission, to complement the ICAO Regular Programme Budget, and
to assist States in facilitating access to funds to enhance their safe, efficient, secure, economically viable and
environmentally sound air transport system;

The Assembly:

1. Directs the Council and Secretary General, within their respective competencies, to ensure that ICAO continue
its role as an advocate for aviation by raising awareness among Member States, the United Nations system, international
and regional organizations, financial institutions, the private sector and the donor community about the benefits of
mobilizing resources for and investing in the sustainable development of air transport systems of all Member States;

2. Urges Member States, the industry, international and regional organizations, financial institutions, donors and
other stakeholders to support the implementation of assistance activities in line with the global and regional aviation plans
and priorities established by ICAO while avoiding duplication of efforts;

3. Requests the Secretary General to develop guidance material to assist States in including and elevating the
priority of the aviation sector into their national development plans and developing robust air transport sector strategic
plans and civil aviation master plans;
I-140 Assembly Resolutions in Force

4. Urges Member States to work with financial institutions, to prioritize the aviation sector for funding to implement
assistance and national projects, in support of the NCLB Initiative;

5. Urges Member States to secure national funding for the sustainable development of air transport and encourages
them to seek assistance from ICAO when appropriate;

6. Urges all Member States providing Official Development Assistance (ODA) to recognize the significant
contributions of aviation to sustainable development by considering commitments and disbursements of financial flows to
the enhancements of air transport of States in need and encourages the Secretary General to assist them in realizing this
endeavour;

7. Urges all Member States, the industry, international and regional organizations, financial institutions, donors and
other stakeholders able to do so to continue making voluntary contributions to ICAO Funds and to partner with States in
need with a view to providing financial and technical resources to assist in enhancing their civil aviation systems, including
their oversight capabilities;

8. Directs the Council and Secretary General, with their respective competencies, to continue fostering ICAO’s
partnership with financial institutions seeking the prioritization or inclusion of aviation in their agendas and work
programmes in order to facilitate States’ access to fund or finance their aviation development projects;

9. Directs the Secretary General to develop strategies and means to mobilize resources among Member States,
the UN system, international and regional organizations, financial institutions, the private sector and related mechanisms
to assist States in need, especially Least Developed Countries (LDCs), Landlocked Developing Countries (LLDCs) and
Small Island Developing States (SIDS), in enhancing their air transport systems when appropriate and consistent with the
NCLB initiative;

10. Directs the Secretary General to work with international organizations to ensure that aviation priorities and
opportunities are properly represented in global and regional initiatives related to the mobilization of resources for the
development of air transport;

11. Directs the Secretary General to work with international organizations to ensure that ICAO Resource Mobilization
initiatives are harmonized and integrated in relevant funding and development frameworks; and

12. Declares that this resolution supersedes A39-26 on Resource Management

A40-27: Innovation in aviation

Whereas Article 37 of the Convention stipulates that ICAO shall adopt and amend from time to time, as may be necessary,
international standards and recommended practices and procedures dealing with […] and such other matters concerned
with the safety, regularity, and efficiency of air navigation as may from time to time appear appropriate;

Whereas several ICAO Conferences have recognized the real and potential benefits and challenges that innovation can
bring to the safety, efficiency, security, facilitation and to the economic and environmental sustainability of air transport
I. Constitutional and General Policy Matters I-141

and that Member States should be provided the opportunity to realize these benefits in a manner that leaves no country
behind;

Recognizing that ICAO provisions apply to all civil airspace users, and the absence of normative activity at the global level
may hamper the realization of innovative technological solutions and prevent the materialization of their benefits in aviation;
and to that end ICAO can benefit from continued interaction with industry to identify the latest technological developments
their timely integration;

Recognizing that the nature and pace of innovations require regulators at the national, regional and global level avail
themselves of new methodologies that facilitate the timely evaluation and assessment of technological developments;

The Assembly:

1. Urges all Member States that have experience in facilitating the introduction of innovation in civil aviation, and
that have evolved their regulatory methods to better evaluate and assess the application of such innovations, to share
their experience with other States through ICAO;

2. Directs the Council to assess the need, as well as the resources required, to evolve the processes of the
Organization, including its working methods with the industry in order to keep pace with innovations that affect the
sustainable development of civil aviation;

3. Directs the Council on the basis of the conclusions arising from the assessment to be undertaken pursuant to
operative clause 2, to develop, high-level policies to address the findings of the aforementioned assessment and
subsequently provide a framework that will help ensure the timely development of global policies and standards that
support the continuing improvement of safety, efficiency, security, facilitation, economic and environmental performance;

4. Directs the Council to instruct the Secretary General to further liaise with States, governmental and non-
governmental organizations, the private sector, academia and the relevant United Nations system entities in order to
establish an inclusive dialogue at strategic level that will encourage further collaboration and sharing of experience in
relation to innovation; and

5. Directs the Council to urgently consider the establishment of a high-level body with the industry to regularly
provide strategic advice to the Council concerning innovation in aviation.

_____________________
PART II. AIR NAVIGATION

AIR NAVIGATION COMMISSION, ITS SUBSIDIARY BODIES,

TECHNICAL MEETINGS AND PARTICIPATION BY STATES

A18-2: Amendment to Article 56 of the Convention increasing

the membership of the Air Navigation Commission to
fifteen

A38-13: Composition of the Air Navigation Commission and

participation in its work

A27-2: Amendment to Article 56 of the Convention on

International Civil Aviation

A22-29: Use of languages in the Air Navigation Commission

A40-4, Appendix A: Air navigation meetings of worldwide

scope

A40-4, Appendix B: Panels of the Air Navigation Commission

(ANC)

A40-4, Appendix F: Regional air navigation (RAN) meetings

A40-4, Appendix L: Participation by States in the technical

work of ICAO

A38-6: Support of the ICAO policy on radio frequency

spectrum matters

II-1
II-2 Assembly Resolutions in Force

TECHNICAL SECRETARIAT

A40-4, Appendix M: The Headquarters’ and

Regional Offices’ technical Secretariat

AIR NAVIGATION CONTINUING POLICIES AND ASSOCIATED PRACTICES

A15-9: Preparation for future sessions of current

consolidated statements of continuing ICAO policies
related specifically to air navigation

A39-22: Formulation and implementation of Standards and

Recommended Practices (SARPs) and Procedures for
Air Navigation Services (PANS) and notification of
differences

Whereas Article 37 of the Convention on International Civil Aviation requires each Member State to collaborate in securing
the highest practicable degree of uniformity in regulations and practices in all matters in which such uniformity will facilitate
and improve air navigation;

Whereas Article 37 of the Convention requires the Organization to adopt and amend international standards and
Recommended Practices and procedures and states the purpose of and the matters to be dealt with in that action, and
Articles 38, 54, 57 and 90 contain additional relevant provisions;

Whereas in accordance with Article 38 of the Convention any Member State which finds it impractical to comply in all
respects with any international standard or procedure or deems it necessary to adopt regulations or practices differing
therefrom is obliged to give immediate notification to ICAO;

Whereas the Assembly deems it advisable to establish certain policies to be followed in complying with these provisions
of the Convention;

Recognizing the effective implementation of SARPs and PANS promotes safe, secure and sustainable development of
international civil aviation;

Recognizing that making differences information easily available to all stakeholders in a timely manner is important to
promote safety, regularity and efficiency in international civil aviation;

Noting that many Member States experience difficulty in fulfilling their obligations under Articles 37 and 38 of the
Convention and keeping pace with frequent amendments to Annexes;

Recognizing that up-to-date ICAO technical guidance material provides valuable assistance to Member States in the
effective implementation of SARPs, PANS and Regional Plans;

Recognizing that substantial resources are required to develop and maintain all ICAO technical guidance material for
SARPs and PANS;
II. Air Navigation II-3

Noting the increase of the number of notified differences to ICAO;

Recognizing that there is a strong need for all available means to be sought and employed in encouraging and assisting
Member States in overcoming their difficulties in implementation of SARPs and PANS; and

Recognizing that implementation of a Standard is increased globally through a development process that encourages
inclusion of perspectives among all States and relevant industry stakeholders;

The Assembly:

1. Calls on Member States to reaffirm their commitment to abide by the obligations under Articles 37 and 38 of the
Convention;

2. Resolves that SARPs and PANS shall be amended as necessary to reflect changing requirements and
techniques and thus, inter alia, to provide a sound basis for global and regional planning and implementation;

3. Agrees that subject to the foregoing clause, a high degree of stability in SARPs shall be maintained to enable the
Member States to maintain stability in their national regulations. To this end amendments shall be limited to those
significant to safety, regularity and efficiency and editorial amendments shall be made only if essential;

4. Reiterates that SARPs and PANS shall be drafted in clear, simple and concise language. SARPs shall consist of
broad, mature and stable provisions specifying functional and performance requirements that provide for the requisite
levels of safety, regularity and efficiency. Supporting technical specifications, when developed by ICAO, should be
translated in all working languages of ICAO in a timely manner and shall be placed in separate documents to the extent
possible;

5. Instructs the Council to utilize, to the maximum extent appropriate and subject to the adequacy of a verification
and validation process, the work of other recognized standards making organizations in the development of SARPs, PANS
and ICAO technical guidance material. Material developed by these other standards-making organizations may be
deemed appropriate by the Council as meeting ICAO requirements; in this case such material should be referenced in
ICAO documentation;

6. Resolves that to the extent consistent with the requirements of safety, regularity and efficiency, SARPs specifying
the provision of facilities and services shall reflect a proper balance between the operational requirements for such facilities
and services and the economic implications of providing them;

7. Instructs the Council to consult Member States on proposals for the amendment of SARPs and PANS before the
Council acts on them, except when the Council may deem urgent action to be necessary. Furthermore, subject to the
adequacy of the verification and validation process, technical specifications may be acted upon by the Council without
consultation with Member States. Such material shall however be made available to Member States upon request;

8. Resolves that the applicability dates of amendments to SARPs and PANS shall be so established as to allow
Member States sufficient time for their implementation;

9. Agrees that no Annex or PANS document shall be amended more frequently than once per calendar year;

10. Reminds Member States of the requirement in Annex 15 to publish any significant differences in their Aeronautical
Information Publication (AIP) and to include English text for those parts expressed in plain language;

11. Encourages Member States to use the Electronic Filing of Differences (EFOD) System when notifying their
differences to ICAO;
II-4 Assembly Resolutions in Force

12. Instructs the Secretary General to continue improving the EFOD system and assist Member States in transitioning
from the paper-based processes to the use of the EFOD system;

13. Directs the Council to monitor and analyse the differences between the regulations and the practices of Member
States and the SARPs and PANS with the aim of encouraging the elimination of those differences that are important for
the safety, regularity and efficiency of international air navigation and taking appropriate actions;

14. Instructs the Council to explore possibilities to make differences information more easily available to all interested
stakeholders and assess appropriate mechanism and form in which this information is made available;

15. Resolves that Member States shall be encouraged and assisted in the implementation of SARPs and PANS by
all available means and provided as soon as possible with more guidance in respect of the notification and publication of
differences;

16. Calls on all Member States able to do so to provide requesting States with technical cooperation in the form of
financial and technical resources to enable those States to carry out their obligations under Articles 37 and 38 of the
Convention;

17. Instructs ICAO to establish priorities for the continuing updating of the contents of present ICAO technical
guidance material and the development of additional guidance material thus ensuring optimum value for Member States
in their planning and implementation of SARPs and PANS;

18. Resolves that the associated practices in this Resolution constitute guidance intended to facilitate and ensure
implementation of this Resolution;

19. Urges Member States to review their procedures related to the development of SARPs with a view to enhance
the involvement of a broader set of aviation stakeholders; and;

20. Requests ICAO to consider development of a transition and communication strategy throughout planning and
implementation phases for Member States, who in turn should facilitate outreach to stakeholders;

21. Directs ICAO to enhance the role of its Regional Offices in facilitating and monitoring the SARP amendment
review process;

22. Calls upon Member States to respond to ICAO State letters regarding proposed Annex and PANS
amendments; and

23. Declares that this resolution supersedes Resolution A38-11.

Associated practices

1. The Council should ensure that provisions of SARPs and PANS are completely consistent with each other.
Furthermore, the Council should endeavour to improve the processing, presentation and usefulness of ICAO documents
containing SARPs, PANS and other related provisions, especially for complex systems and their associated applications.
To that end the Council should promote the development and upkeep of broad system-level, functional and performance
requirements. The Council should continue seeking the most appropriate means of development, translation, processing
and dissemination of technical specifications.

2. Member States should comment fully and in detail on the proposals for amendment of SARPs and PANS or at
least should express their agreement or disagreement on their substance. They should be allowed at least three months
for this purpose. Furthermore, Member States should receive at least 30 days of notification of the intended approval or
adoption of detailed material on which they are not consulted.
II. Air Navigation II-5

3. Member States should be allowed a full three months for notifying disapproval of adopted SARPs amendments;
in establishing a date for notifying disapproval the Council should take into account the time needed for transmission of
the adopted amendments and for receipt of notifications from States.

4. The Council should ensure that, whenever practicable, the interval between successive common applicability
dates of amendments to Annexes and PANS is at least six months.

5. The Council, prior to the adoption and approval of amendments to SARPs and PANS, should take into account
feasibility of the implementation of SARPs and PANS by the intended applicability dates.

6. The Council, taking into account the definitions of terms “Standard” and “Recommended Practice”, should ensure
that new Annex provisions, uniform application of which is recognized as necessary, are adopted as Standards, and that
those new provisions, uniform application of which is recognized as desirable, are adopted as Recommended Practices.

7. The Council should urge Member States to notify the Organization of any differences that exist between their
national regulations and practices and the provisions of SARPs as well as the date or dates by which they will comply with
the SARPs. If a Member State finds itself unable to comply with any SARPs, it should inform ICAO of the reason for non-
implementation, including any applicable national regulations and practices which are different in character or in principle.

8. Differences from SARPs received should be promptly made available to Member States.

9. In encouraging and assisting Member States in the implementation of SARPs and PANS, the Council should
make use of all existing means of ICAO and strengthen partnerships with entities which provide resources and assistance
towards development of international civil aviation.

10. Member States should establish internal processes and procedures by which they give effect to the
implementation of provisions of SARPs and PANS.

11. ICAO should update and develop guidance material in accordance with the established priorities to adequately
cover all technical fields.

A41-10: Consolidated statement of continuing ICAO policies

and associated practices related specifically to air
navigation

Whereas in Resolution A15-9 the Assembly resolved to adopt in each session for which a Technical Commission is
established, a consolidated statement of continuing policies related specifically to air navigation, up to date as at the end
of that session;

Whereas a statement of continuing policies and associated practices related specifically to air navigation as they existed
at the end of the 40th Session of the Assembly was adopted by the Assembly in Resolution A40-4, Appendices A to O
inclusive;

Whereas the Assembly has reviewed proposals by the Council for the amendment of the statement of continuing policies
and associated practices in Resolution A40-4, Appendices A to O inclusive, and has amended the statement to reflect the
decisions taken during the 41st Session;

Whereas a policy or associated practice that requires continued application for a period of more than three years should
be regarded as a continuing policy or associated practice; and
II-6 Assembly Resolutions in Force

Whereas material which is contained in regulatory or readily available authoritative ICAO documents, such as Annexes,
global plans, rules of procedures and directives to air navigation meetings should normally be excluded from the
consolidated statements, including, in particular, the associated practices;

The Assembly:

1. Resolves that:

a) the appendices attached to this resolution constitute the consolidated statement of continuing air navigation
policies and associated practices of ICAO as they exist at the close of the 41st Session of the Assembly;
and

b) the practices associated with the individual policies in the appendices constitute guidance intended to
facilitate and ensure implementation of the respective policies.

2. Requests the Council to keep the consolidated statement of continuing ICAO policies and associated practices
related specifically to air navigation under review and advise the Assembly when changes are required to the statement;
and

3. Declares that this resolution supersedes Resolution A40-4 with its appendices and Resolution A15-9.

APPENDIX A

Air navigation meetings of worldwide scope

Whereas the holding of worldwide air navigation meetings is an important function of ICAO and entails substantial
expenditures of effort and money by the Member States and ICAO; and

Whereas it is necessary to ensure that maximum benefit is obtained from these meetings without imposing any undue
burden upon the Member States or ICAO;

The Assembly resolves that:

1. meetings, convened by the Council, in which all Member States may participate on an equal basis shall be the
principal means of progressing the resolution of problems of worldwide import, including the development of amendments
to the Annexes, Global Plans and other basic documents in the air navigation field;

2. such meetings shall be convened only when justified by the number and importance of the problems to be dealt
with and when there is the likelihood of constructive action on them; meetings convened on this basis may also be
requested to conduct exploratory discussions on matters not mature for definite action;

3. the organization of such meetings shall be arranged so that they are best suited to carry out the assigned task
and to provide proper coordination among the technical specialities involved; and

4. unless necessitated by extraordinary circumstances, not more than two such meetings shall be convened in a
calendar year, and successive meetings dealing extensively with the same technical specialty shall be separated by at
least twelve months.
II. Air Navigation II-7

Associated practices

1. Before deciding to refer a matter to a worldwide meeting, the Council should consider whether correspondence
with States or use of machinery such as panels or air navigation study groups could dispose of it or facilitate subsequent
action on it by a future meeting.

2. The agenda should be sufficiently explicit to define the task to be performed and to indicate the types of
specialized expertise that will be needed at the meeting. In an agenda including more than one technical specialty the
types of expertise called for should be kept to the minimum compatible with efficiency.

3. To facilitate the participation of all Member States, the Council should so plan the meeting programme as to keep
to the minimum, consistent with efficiency, the demands upon the time of States’ technical officials.

4. The planned duration of a meeting should allow adequate time for completion of the agenda, study of the report
as drafted in the working languages of the meeting and approval of the report. Following the meeting, the Secretariat
should make any necessary minor editorial amendments and typographical corrections to the meeting report.

5. The approved agenda and the main supporting documentation should be dispatched, normally by air, not less
than ten months in advance of the convening date in the case of the agenda and not less than three months in the case
of the main supporting documentation; other documentation should be dispatched as soon as possible.

APPENDIX B

Panels of the Air Navigation Commission (ANC)

Whereas panels of the Air Navigation Commission have proved a valuable medium for advancing the solution of
specialized technical problems; and

Whereas it is necessary to ensure that maximum benefit is obtained from Air Navigation Commission panels without
imposing any undue burden upon the Member States or ICAO;

The Assembly resolves that:

1. the Air Navigation Commission shall establish panels if necessary to advance the solution of specialized technical
problems which cannot be solved adequately or expeditiously by the Air Navigation Commission through other established
facilities;

2. the Air Navigation Commission shall ensure that the terms of reference and the work programmes of panels shall
support the ICAO Strategic Objectives, be clear and concise with timelines and shall be adhered to;

3. the Air Navigation Commission shall review periodically the progress of panels and shall terminate panels as
soon as the activities assigned to them have been accomplished. A panel shall be allowed to continue in existence only if
its continuation is considered justified by the Air Navigation Commission; and

4. panel activity shall support a performance-based approach to SARPs development to the extent possible.

Associated practice

Reports should be clearly presented as the advice of a group of experts to the Air Navigation Commission so that they
cannot be construed as representing the views of Member States.
II-8 Assembly Resolutions in Force

APPENDIX C

Certificates of airworthiness, certificates of competency and licences of flight crews

Whereas Article 33 of the Convention does not explicitly define the purposes for which recognition is to be accorded to
certificates and licences;

Whereas several interpretations exist as to whether or not there is any obligation on Member States to recognize
certificates and licences issued or rendered valid by other Member States pending the coming into force of SARPs
applicable to the aircraft or flight crew involved; and

Whereas with respect to certain categories of aircraft or flight crew licences, it may be many years before SARPs come
into force or it may be found most practicable not to adopt SARPs for some categories or flight crew licences;

The Assembly resolves that:

1. certificates of airworthiness and certificates of competency and licences of the flight crew of an aircraft issued or
rendered valid by the Member State in which the aircraft is registered shall be recognized as valid by other Member States
for the purpose of flight over their territories, including landings and take-offs, subject to the provisions of Articles 32 (b)
and 33 of the Convention; and

2. pending the coming into force of international Standards respecting particular categories of aircraft or flight crew,
and certificates issued or rendered valid, under national regulations, by the Member State in which the aircraft is registered
shall be recognized by other Member States for the purpose of flight over their territories, including landings and take-offs.

APPENDIX D

Qualified and Competent Aviation Personnel

Whereas the satisfactory implementation of SARPs and PANS is contingent upon having qualified and competent
personnel;

Whereas difficulties are being experienced by Member States in these matters due to a lack of qualified personnel to
support the existing and future air transportation system;

Whereas special effort is required to support Member States in meeting their human resource needs; and

Whereas learning activities conducted by ICAO are an effective means of promoting a common understanding and the
uniform application of SARPs and PANS;

The Assembly resolves that:

1. ICAO shall assist Member States in achieving and maintaining competency of aviation personnel through the
ICAO Aviation Training Programme;

2. the ICAO Aviation Training Programme shall be governed by the following principles:

a) qualification of aviation professionals is the responsibility of Member States;

b) the highest priority is placed on learning activities that support the implementation of SARPs;
II. Air Navigation II-9

c) cooperation with Member States and industry is essential to develop and implement learning activities to
support the implementation of SARPs; and

d) priority shall be placed on cultivating the next generation of aviation professionals.

3. ICAO advises operators of training facilities but does not participate in the operation of such facilities; and

4. Member States assist each other to optimize access to learning activities for their aviation professionals.

Associated practices

1. The Council should assist Member States to harmonize aviation professionals’ levels of competency. These
efforts should be based on:

a) data analysis to determine priorities and needs;

b) identified training needs for the implementation of ICAO provisions; and

c) a competency-based approach.

APPENDIX E

Formulation and Implementation of Regional Plans including

Regional Supplementary Procedures

Whereas the Council establishes Regional Plans setting forth the facilities, services and Regional Supplementary
Procedures to be provided or employed by Member States pursuant to Article 28 of the Convention;

Whereas the Regional Plans require amendment from time to time to reflect the changing needs of international civil
aviation;

Whereas ICAO has established an approach to planning of facilities and services that centres on the Global ATM
Operational Concept and the Global Air Navigation Plan; and

Whereas any serious deficiencies in the implementation of Regional Plans may affect the safety, regularity and efficiency
of international air operations and, therefore, should be eliminated as quickly as practicable;

The Assembly resolves that:

1. Regional Plans shall be revised when it becomes apparent that they are no longer consistent with current and
foreseen requirements of international civil aviation;

2. when the nature of a required change permits, the associated amendment of the Regional Plan shall be
undertaken by correspondence between ICAO and Member States and International Organizations concerned; and

3. when amendment proposals are associated with the services and facilities provided by States and such
amendment proposals:

a) do not represent changes to the requirements set by the Council in the Regional Plans;

b) do not conflict with established ICAO policy; and

II-10 Assembly Resolutions in Force

c) do not involve issues which cannot be resolved at the regional level;

the Council may delegate authority for processing and promulgating such amendments to the regional level.

4. Regional air navigation (RAN) meetings, although important instruments in the determination of the facilities and
services, shall be convened only to address issues which cannot be adequately addressed through the planning and
implementation regional groups (PIRGs);

5. priority shall be given in the implementation programmes of Member States to the provision and continuing
operation of those facilities and services, the lack of which would likely have an adverse effect on international air
operations;

6. the identification and investigation of and action by ICAO on significant deficiencies in the implementation of
Regional Plans shall be carried out in the minimum practicable time; and

7. Planning and implementation regional groups (PIRGs), using a project management approach, shall identify
problems and shortcomings in Regional Plans and in the implementation thereof, along with suggested remedial
measures.

Associated practices

1. The Council should ensure that the structure and format of Regional Plans is aligned with the Global Air
Navigation Plan and is in support of a performance-based approach to planning.

2. In assessing the urgency of any revision of the Regional Plans, the Council should take into account the time
needed by Member States to arrange for the provision of any necessary additional facilities and services.

3. The Council should ensure that implementation dates in Regional Plans involving the procurement of new types
of equipment are realistically related to the ready availability of suitable equipment.

4. The Council should ensure that web-based regional plans are developed, with supporting planning tools, in order
to improve efficiency and expedite the amendment cycle.

5. The Council should use the planning and implementation regional groups (PIRGs) it has established throughout
the regions to assist in keeping up to date the Regional Plans and any complementary documents.

APPENDIX F

Regional air navigation (RAN) meetings

Whereas RAN meetings are important instruments in the determination of the facilities and services the Member States
are expected to provide pursuant to Article 28 of the Convention;

Whereas these meetings entail substantial expenditures of effort and money by Member States and ICAO;

Whereas it is necessary to ensure that maximum benefit is obtained from these meetings without imposing any undue
burden on Member States or ICAO; and

Considering that regional air navigation planning is normally accomplished by planning and implementation regional
groups (PIRGs);
II. Air Navigation II-11

The Assembly resolves that:

1. RAN meetings shall be convened only to address issues which cannot be adequately addressed through PIRGs;

2. the convening of such meetings and their agendas shall be based on the existence or expectation of specific
shortcomings in the Regional Plans of the respective areas;

3. the geographical area to be considered, account being taken of the existing and planned international air transport
and international general aviation operations, the technical fields to be dealt with and the languages to be used shall be
decided for each such meeting;

4. the organization best suited to deal with the agenda and to ensure effective coordination among the components
of the meeting shall be used for each such meeting; and

5. meetings of limited technical and/or geographical scope shall be convened when specific problems, particularly
those requiring urgent solution, need to be dealt with or when convening them will reduce the frequency with which full
scale RAN meetings must be held.

Associated practices

1. The Council should endeavour to hold RAN meetings at sites within the areas concerned and should encourage
the Member States within those areas to serve as host, either individually or jointly.

2. The approved agenda and the main supporting documentation should be made available, by electronic means,
not less than ten months in advance of the convening date in the case of the agenda and not less than three months in
the case of the main supporting documentation.

3. The Council should ensure that adequate guidance is made available to RAN meetings on operational and
technical matters relevant to their agenda.

4. Each participating Member State should inform itself, in advance of a meeting, on the plans of its air transport
operators and its international general aviation for future operations and, similarly, on the expected traffic by other aircraft
on its registry and on the overall requirements of these various categories of aviation for facilities and services.

5. The Council, taking into account the requirement to improve still further existing safety levels, should foster the
establishment, for and by RAN meetings, of up-to-date planning criteria which would aim to ensure that Regional Plans
satisfy the operational requirements and are economically justified.

6. The Council should develop and maintain specific and detailed directives for consideration of implementation
matters at RAN meetings.

APPENDIX G

Delimitation of air traffic services (ATS) airspaces

Whereas Annex 11 to the Convention requires a Member State to determine those portions of airspace over its territory
within which air traffic services will be provided and, thereafter, to arrange for such services to be established and provided;

Whereas Annex 11 to the Convention also makes provision for a Member State to delegate its responsibility for providing
air traffic services over its territory to another State by mutual agreement;

Whereas cooperative efforts between Member States could lead to more efficient air traffic management;

Whereas both the delegating and the providing State can reserve the right to terminate any such agreement at any time;
and
II-12 Assembly Resolutions in Force

Whereas Annex 11 to the Convention prescribes that those portions of the airspace over the high seas where air traffic
services will be provided shall be determined on the basis of regional air navigation agreements, which are agreements
approved by the Council usually on the advice of regional air navigation meetings;

The Assembly resolves, with reference to regional air navigation plans, that:

1. the limits of ATS airspaces, whether over States’ territories or over the high seas, shall be established on the
basis of technical and operational considerations with the aim of ensuring safety and optimizing efficiency and economy
for both providers and users of the services;

2. established ATS airspaces should not be segmented for reasons other than technical, operational, safety and
efficiency considerations;

3. if any ATS airspaces need to extend over the territories of two or more States, or parts thereof, agreement
thereon should be negotiated between the States concerned, taking into account the need for cost-effective introduction
and operation of CNS/ATM systems, and more efficient airspace management, in particular, in the upper airspace;

4. the providing State in implementing air traffic services within airspace over the territory of the delegating State
shall do so in accordance with the requirements of the delegating State, which shall establish and maintain in operation
such facilities and services for the use of the providing State as are mutually agreed to be necessary;

5. any delegation of responsibility by one State to another or any assignment of responsibility over the high seas
shall be limited to technical and operational functions pertaining to the safety and regularity of the air traffic operating in
the airspace concerned;

and, furthermore, declares that:

6. any Member State which delegates to another State the responsibility for providing air traffic services within
airspace over its territory does so without derogation of its sovereignty; and

7. the approval by the Council of regional air navigation agreements relating to the provision by a State of air traffic
services within airspace over the high seas does not imply recognition of sovereignty of that State over the airspace
concerned.

Associated practices

1. Member States should seek the most efficient and economic delineation of ATS airspaces, the optimum location
of points for transfer of responsibility and the most efficient coordination procedures in cooperation with the other States
concerned and with ICAO.

2. Member States should consider, as necessary, establishing jointly a single air traffic services provider to be
responsible for the provision of air traffic services within ATS airspace extending over the territories of two or more States
or over the high seas.

3. The Council should encourage States providing air traffic services over the high seas to enter, as far as is
practicable, into agreements with appropriate States providing air traffic services in adjacent airspaces, so that, in the
event the required air traffic services over the high seas cannot be provided, contingency plans, which may require
temporary modifications of ATS airspace limits, will be available to be put into effect with the approval of the ICAO Council
until the original services are restored.
II. Air Navigation II-13

APPENDIX H

Provision of search and rescue services

Whereas in accordance with Article 25 of the Convention each Member State undertakes to provide such measures of
assistance to aircraft in distress in its territory as it may find practicable and to collaborate in coordinated measures which
may be recommended from time to time pursuant to the Convention;

Whereas Annex 12 to the Convention contains specifications relating to the establishment and provision of search and
rescue services within the territories of Member States as well as within areas over the high seas;

Whereas Annex 12 to the Convention specifies that those portions of the high seas where search and rescue services will
be provided shall be determined on the basis of regional air navigation agreements, which are agreements approved by
the Council usually on the advice of regional air navigation meetings;

Whereas Annex 12 to the Convention recommends that search and rescue regions should, insofar as practicable, be
coincident with corresponding flight information regions and, with respect to those areas over the high seas, maritime
search and rescue regions;

Whereas Article 69 of the Convention specifies that, if the Council is of the opinion that the air navigation services of a
Member State are not reasonably adequate for the safe operation of international air services, present or contemplated,
the Council shall consult with the State directly concerned, and other States affected, with a view to finding means by
which the situation may be remedied, and may make recommendations for that purpose; and

Whereas the air navigation services referred to in Article 69 of the Convention include, inter alia, search and rescue
services;

The Assembly resolves that:

1. search and rescue regions, whether over States’ territories or, in accordance with regional air navigation
agreement, over an area greater than a State’s sovereign airspace or over the high seas, shall be delimited on the basis
of technical and operational considerations, including the desirability of coincident flight information regions, search and
rescue regions, and, with respect to areas over the high seas, maritime search and rescue regions, with the aim of ensuring
safety, and optimizing efficiency with the least overall cost;

2. States shall ensure the closest practicable cooperation between maritime and aeronautical search and rescue
services where they serve the same area and, where practical, establish joint rescue coordination centres to coordinate
aeronautical and maritime search and rescue operations;

3. if any search and rescue regions need to extend over the territories of two or more States, or parts thereof,
agreement thereon should be negotiated between the States concerned;

4. the providing State in implementing search and rescue services over the territory of the delegating State shall
do so in accordance with the requirements of the delegating State, which shall establish and maintain in operation such
facilities and services for the use of the providing State as are mutually agreed to be necessary;

5. any delegation of responsibility by one State to another or any assignment of responsibility over the high seas
shall be limited to technical and operational functions pertaining to the provision of search and rescue services in the area
concerned;

6. remedies to any inadequacies in the provision of efficient search and rescue services, including over the high
seas, should be sought through negotiations with States which may be able to give operational or financial assistance in
search and rescue operations, with a view to concluding agreements to that effect;

and, furthermore, declares that:

7. any Member State which delegates to another State the responsibility for providing search and rescue services
within its territory does so without derogation of its sovereignty; and
II-14 Assembly Resolutions in Force

8. the approval by Council of regional air navigation agreements relating to the provision by a State of search and
rescue services within areas over the high seas does not imply recognition of sovereignty of that State over the area
concerned.

Associated practices

1. Member States should, in cooperation with other States and ICAO, seek the most efficient delineation of search
and rescue regions and consider, as necessary, pooling available resources or establishing jointly a single search and
rescue organization to be responsible for the provision of search and rescue services within areas extending over the
territories of two or more States or over the high seas.

2. The Council should encourage States whose air coverage of the search and rescue regions for which they are
responsible cannot be ensured because of a lack of adequate facilities, to request assistance from other States to remedy
the situation and to negotiate agreements with appropriate States regarding the assistance to be provided during search
and rescue operations.

APPENDIX I

Coordination and cooperation of civil and military air traffic

Whereas the airspace is a resource common to both civil and military aviation, and given that many air navigation facilities
and services are provided and used by both civil and military aviation;

Whereas the Preamble of the Convention on International Civil Aviation stipulates that signatories thereto had “agreed on
certain principles and arrangements in order that international civil aviation may be developed in a safe and orderly manner
and that international air transport services may be established on the basis of equality of opportunity and operated soundly
and economically”;

Whereas Article 3 a) of the Convention states that “This Convention shall be applicable only to civil aircraft, and shall not
be applicable to state aircraft” and Article 3 d) requires that “contracting States undertake, when issuing regulations for
their state aircraft, that they will have due regard for the safety of navigation of civil aircraft”;

Recognizing that growing civil air traffic and mission-oriented military air traffic would benefit greatly from a more flexible
use of airspace used for military purposes and that satisfactory solutions to the problem of cooperative access to airspace
have not evolved in all areas;

Whereas the flexible use of airspace by both civil and military air traffic may be regarded as the ultimate goal, improvement
in civil-military coordination and cooperation offers an immediate approach towards more effective airspace management;

Recalling that the ICAO Global ATM Operational Concept states that all airspace should be a usable resource, any
restriction on the use of any particular volume of airspace should be considered transitory, and all airspace should be
managed flexibly; and

Whereas the application of reduced vertical separation minimum (RVSM) provides many benefits including additional
airspace capacity, cost savings and reduced environmental impacts, it is predicated upon stringent aircraft height-keeping
performance requirements, which can be impaired by even minor airframe modifications;
II. Air Navigation II-15

The Assembly resolves that:

1. the common use by civil and military aviation of airspace and of certain facilities and services shall be arranged
so as to ensure the safety, regularity and efficiency of civil aviation as well as to ensure the requirements of military air
traffic are met;

2. the regulations and procedures established by Member States to govern the operation of their State aircraft over
the high seas shall ensure that these operations do not compromise the safety, regularity and efficiency of international
civil air traffic and that, to the extent practicable, these operations comply with the rules of the air in Annex 2;

3. the Secretary General shall provide guidance on best practices for civil-military coordination and cooperation;

4. Member States may include, when appropriate, representatives of military authorities in their delegations to ICAO
meetings; and

5. ICAO serves as an international forum that plays a role in facilitating improved civil-military cooperation,
collaboration and the sharing of best practices, and to provide the necessary follow-up activities that build on the success
of the Global Air Traffic Management Forum on Civil/Military Cooperation (2009) with the support of civil-military partners.

Associated practices

1. Member States should as necessary initiate or improve the coordination and cooperation between their civil and
military air traffic services to implement the policy in Resolving Clause 1 above.

2. When establishing the regulations and procedures mentioned in Resolving Clause 2, the State concerned should
coordinate the matter with all States responsible for the provision of air traffic services over the high seas in the area in
question.

3. Member States should review existing practices to ensure that approval of State aircraft to operate in airspace
where reduced vertical separation minimum (RVSM) is applicable is conducted either in compliance with, or in a manner
equivalent to, associated height-keeping performance requirements and account for any subsequent airframe
modifications. Furthermore, to the maximum extent practicable, Member States should facilitate the participation of
applicable State aircraft in technical height-monitoring programmes to ensure continued compliance with such
performance requirements, so as to implement the policy mentioned in Resolving Clauses 1 and 2 above.

4. The Council should ensure that the matter of civil and military coordination and cooperation in the use of airspace
is included, when appropriate, in the agenda of divisional and regional meetings, in accordance with Resolving Clauses 3,
4 and 5 above.

APPENDIX J

The provision of adequate aerodromes

Whereas major improvements to the physical characteristics of aerodromes are required at many locations;

Whereas in certain cases these improvements will involve considerable outlay and it would be inadvisable to plan such
work without taking into account future developments;

Whereas States and aerodrome authorities will continue to need to know the general trends in aerodrome requirements
which succeeding generations of aircraft will most likely produce;

Whereas many serious problems can be avoided if the operating requirements of new aircraft are such as to permit them
to operate economically without further demands on the physical characteristics of aerodromes;
II-16 Assembly Resolutions in Force

Whereas the operation of aerodromes has many advantages, environmental considerations have imposed limitations upon
the operation of aircraft at some locations. In view of the capacity problems currently experienced globally, account should
be taken of the introduction into service of newer quieter aircraft;

Whereas there is a growing trend for aerodromes to be operated by autonomous entities, the obligation of States to ensure
safe aerodrome facilities and services remains unaffected; and

Whereas aerodrome certification is an essential means to ensure aerodrome safety and enhance efficiency, and that the
results of the ICAO Universal Safety Oversight Audit Programme (USOAP) audits suggest that the level of implementation
of aerodrome certification, including safety management systems (SMS), is not yet optimal;

The Assembly resolves that:

1. the technical requirements for aerodromes shall be kept under review by ICAO;

2. there is a need for future generations of aircraft to be designed so that they are capable of being operated
efficiently, and with the least possible environmental disturbance, from aerodromes used for the operation of present-day
aircraft;

3. States should take necessary measures, including the allocation of adequate resources, to improve the level of
implementation of aerodrome certification, including SMS at aerodromes; and

4. States should place greater emphasis on the management of aerodrome operations, with runway safety given a
high priority.

Associated practices

1. In light of the results of the continuing review mentioned in Resolving Clause 1 above, the Council, taking into
account the requirement to improve still further existing safety levels and efficiency, should:

a) develop additional guidance material on future developments;

b) develop procedures for the management of aerodrome operations; and

c) keep Member States informed of developments.

2. The Council should continue to draw the attention of aircraft manufacturers and operators to the policy expressed
in Resolving Clause 2.

APPENDIX K

Adequate conditions of employment for aviation ground personnel

Whereas conditions of employment that do not correspond to the qualifications and responsibilities of aviation ground
services personnel constitute a major cause of difficulty in recruiting suitably qualified personnel and retaining them after
completion of the training; and

Whereas this difficulty is impeding the satisfactory implementation of Regional Plans, SARPs and PANS;

The Assembly resolves that States should take the necessary steps to ensure that conditions of employment for personnel
in the aviation ground services should be commensurate with the qualifications required and the responsibility carried by
them.
II. Air Navigation II-17

APPENDIX L

Participation by States in the technical work of ICAO

Whereas the technical contributions of Member States are essential to attain satisfactory progress in the technical work
of ICAO;

Whereas difficulties are from time to time experienced in obtaining prompt and adequate contributions from Member States
to the technical work of ICAO; and

Whereas it is necessary to ensure that maximum benefit is obtained from this participation without imposing an undue
burden on Member States and ICAO;

The Assembly resolves that there is a need for effective technical contributions from Member States to the technical work
of ICAO.

Associated practices

1. The Council should encourage effective participation by Member States in the technical work of ICAO, paying
due regard to the need to minimize the cost to ICAO and Member States of such participation.

2. Insofar as each may find it practicable, Member States should:

a) assist, by correspondence, in advancing ICAO technical projects;

b) attend ICAO meetings and participate actively in pre-meeting preparations, particularly by presenting
advance documentation containing either specific proposals relative to items of the agenda or their views
on documentation submitted to them;

c) participate in ICAO panel activities and ensure that their nominees are suitably qualified and are able to
contribute effectively to the panel work;

d) undertake specialized studies as requested by ICAO; and

e) assist ICAO in its technical work through any other means the Council may devise.

APPENDIX M

The Headquarters’ and Regional Offices’ technical Secretariat

Whereas there is a continuing need to provide effective assistance to Member States in the implementation of Regional
Plans, SARPs, PANS and SUPPS;

Whereas it is important that the technical Secretariat of Headquarters and the Regional Offices is effectively used to
provide assistance to Member States in their implementation problems; and

Whereas it is important that, for the proper execution of their tasks, the members of the technical Secretariat of
Headquarters and the Regional Offices are enabled to maintain their technical proficiency and are kept adequately
informed of the latest developments in their particular fields;
II-18 Assembly Resolutions in Force

The Assembly resolves that:

1. the resources of the Headquarters’ and Regional Offices’ technical Secretariat shall be effectively deployed to
provide optimum assistance to Member States with their problems relating to continuous monitoring activities, the
implementation of Regional Plans, SARPs, PANS and SUPPs; and

2. the members of the Headquarters’ and Regional Offices’ technical Secretariat shall be enabled to maintain their
technical proficiency and to keep adequately informed on the latest technical developments.

Associated practices

1. The members of the Headquarters’ and Regional Offices’ technical Secretariat should be enabled to carry out
frequent visits of adequate duration when such visits are necessary or are requested by Member States to assist them
with their implementation problems.

2. To the maximum practicable extent, temporary assignment of specialized personnel from one Regional Office to
another and from Headquarters to the Regional Offices should take place when temporary reinforcement in the Regional
Offices is required.

3. The members of the Headquarters’ and Regional Offices’ technical Secretariat should be enabled to keep
adequately up to date in their particular fields by, inter alia, attendance at selected technical meetings, visits to research
and development organizations, witnessing trial applications, and evaluation of new equipment and techniques. However,
such visits should not be allowed to take priority over the primary function of the Secretariat to serve ICAO and its several
deliberative bodies. Furthermore, the travelling on such visits should be integrated as far as possible with travel necessary
for the performance of other ICAO duties.

APPENDIX N

Cooperation among Member States in investigations of aircraft accidents

Whereas it is incumbent on the State in which an accident occurs to institute an inquiry into the circumstances of the
accident in conformity with Article 26 of the Convention;

Whereas owing to the growing sophistication and complexity of modern aircraft, the conduct of an accident investigation
may require participation by experts from many specialized technical and operational fields and access to specially
equipped facilities for investigation;

Whereas many Member States do not have such specialized technical and operational expertise and appropriate facilities;

Whereas it is essential for flight safety and accident prevention that accidents be thoroughly investigated and reported and
that the effectiveness of the investigations should not be unduly hampered by considerations of cost;

Whereas the costs of salvage and investigation of major aircraft accidents may place a heavy financial burden on the
resources of the State where the accident occurred; and

Mindful of the publication of the ICAO Manual on Regional Accident and Incident Investigation Organization (Doc 9946);

The Assembly resolves to recommend that Member States cooperate in the investigation of aircraft accidents, especially
accidents in which the investigation requires highly specialized experts and facilities and that to this end Member States
and Regional Accident and Incident Investigation Organizations (RAIOs), to the extent possible, inter alia:
II. Air Navigation II-19

a) provide, on request by other Member States, expert assistance and facilities for the investigation of major
aircraft accidents; and

b) afford opportunity to Member States seeking investigation experience to attend investigations of aircraft
accidents, in the interest of developing and furthering investigation expertise.

Associated practices

1. Member States are encouraged to support the convening of regional accident investigation workshops with a
view to exchanging information on each State’s investigation legislation and procedures, on the sharing of knowledge and
expertise in investigation management and techniques, on the availability of experts and facilities and on practices in
dealing with encountered accident investigation difficulties.

2. Member States should be encouraged to facilitate the participation of investigators of accident investigation
authorities as observers in investigations in other States for training purposes and orientation visits.

3. Member States and RAIOs are encouraged to assess their needs and capabilities in the field of aircraft accident
investigation and prevention with a view to developing training curricula for basic accident investigation and prevention
courses. The use of regional training centres for such courses should be fully explored as well as the incorporation of the
TRAINAIR PLUS methodology which provides for internationally standardized and competency-based training.

4. Member States are encouraged to refer to the model Memorandum of Understanding (MOU) developed by ICAO
in 2007 for use by States to encourage mutual cooperation during the investigation of aircraft accidents and serious
incidents. The model MoU is available on the ICAO public website.

5. Member States are encouraged to consider, as necessary, the ICAO Manual on Regional Accident and Incident
Investigation Organization (Doc 9946) which provides guidance on how to establish and manage a regional accident and
incident investigation system within a region or subregion.

APPENDIX O

Human performance

Whereas the aims and objectives of ICAO as laid down by the Chicago Convention provide for fostering the development
of international air transport “. . . so as to . . . promote safety of flight in international air navigation”;

Whereas it is recognized that human performance, as influenced by physiological and cognitive capabilities and
constraints, contributes significantly to the overall safety performance of the aviation system;

Whereas it is recognized that the safety and efficiency benefits associated with new technologies, systems and procedures
can only be realized when they are designed to enhance the performance of the individuals who use them; and

Whereas it is recognized that implementation of the future aviation systems will result in changes in roles for aviation
professionals requiring work across multidisciplinary teams to support collaborative decision-making;

The Assembly resolves that:

1. Member States ensure the integration of human performance considerations in the planning, design, and
implementation of new technologies, systems and processes as part of a safety management approach;
II-20 Assembly Resolutions in Force

2. Member States promote and facilitate the integration of human performance elements within competency-based
training programmes throughout the career of a professional; and

3. Member States include strategies which promote safe, consistent, efficient and effective operational performance
of the individual and across teams of individuals to address safety priorities.

A40-9: Consolidated statement of continuing ICAO policies in

the air transport field

A39-21: Addressing the low response rate by Member States

to ICAO State letters

Whereas Article 37 of the Convention on International Civil Aviation (Chicago Convention) requires the Organization to
adopt and amend international Standards and Recommended Practices and Procedures and each Contracting State to
collaborate in securing the highest possible degree of uniformity in regulations and practices in all matters in which such
uniformity will facilitate and improve air navigation;

Recognizing that a State letter is a medium through which the Organization, under the authority of the Secretary General,
officially communicates its Standards and Recommended Practices and policies and interacts with its Member States and
with others concerned;

Concerned that the low response rate by Member States to State letters is a long-standing issue that can adversely impact
the fulfilment of obligations under Articles 37, 38, 54, 57 and 90 of the Chicago Convention;

Recalling that Resolution A29-3 urged States to respond to the ICAO Council’s requests for comments and agreement or
disagreement on ICAO proposed Standards to prevent decisions being taken on the basis of a small number of responses;

The Assembly:

1. Calls on Member States to reaffirm the necessity and honour their commitment to responding to all State letters
issued by the ICAO in a complete and timely manner and to share best practices, through ICAO Regional Offices and/or
regional civil aviation commissions, in order to promote continuous improvement, mobilize resources and build capacity
within Member States in concert with ICAO’s No Country Left Behind (NCLB) initiative;

2. Instructs the Secretary General to implement a registry attributes scheme for State letters that identifies the
category, priority, discipline or subject matter and response needs, to facilitate improved processing of the State letters by
Member States and other recipients;

3. Requests the Secretary General to review and, as necessary, revise the format of State letters and Electronic
Bulletins, including design layout, as a means to more effectively communicate their content with Member States and other
recipients;

4. Requests the Secretary General to investigate and, as necessary, introduce new communications tools, including
web-based solutions, as a means to improve communication and interaction with Member States and other recipients of
State letters and the recording of replies in the ICAO Records Management System;

5. Instructs the Secretary General to implement an automated and interactive web-based system capable of
reporting the response rates to State letters, thus improving visibility of the status of State letter responses by
Member States, by regions and/or globally, and promoting awareness and capacity-building among Member States;
II. Air Navigation II-21

6. Instructs the Secretary General to introduce follow-up procedures at all ICAO Regional Offices, as a component
of the Regional Office Manual as necessary, as a means to further inform and interact with focal points within the Member
States in their area of accreditation where responses to State letters are low or absent, and to take advantage of the
presence of delegations at ICAO Headquarters in this connection also;

7. Directs the Council to monitor and analyse the response rate to State letters on a periodic basis, to make
recommendations where the response rate of Member States is below the global average;

8. Calls on Member States to consider establishing focal points for internal (State-level) coordination and follow-up
to State letters, continuously review the ICAO Directors General of Civil Aviation (DGCA) Directory and ensure that the
contact details of the State letter recipients are kept up to date with changes notified to ICAO in a complete and timely
manner; and

9. Requests the Secretary General to conduct an awareness campaign through ICAO Regional Offices, regional
DGCA conferences and/or other fora such as regional civil aviation commissions targeted at Member States to increase
the level of awareness of the importance of responding to all State letters issued by ICAO and in maintaining up-to-date
contact details.

A36-14: Use of cross-polar routes

Whereas a new air route structure over the North Pole, linking the North American continent with South East Asia and the
Pacific region, has been established within the framework of ICAO;

Whereas the establishment of this structure was the result of the combined efforts made by Canada, China, Finland,
Germany, Iceland, Japan, Mongolia, Norway, the Russian Federation and the United States who demonstrated an
unprecedented spirit of international cooperation in resolving this most complex task;

Whereas this structure became operational on 1 February 2001, with the announcement of the Russian Aviation
Authorities about the implementation of the cross-polar airways system traversing the waters of the Arctic Ocean;

Whereas the implementation of this airways structure using cross-polar routes is an event of exceptional significance as
it allows for substantially reduced flight time between destinations in North America and South East Asia and the Pacific
region;

Whereas the use of cross-polar routes shall be open for aircraft of all Contracting States in accordance with the provisions
of the Convention on International Civil Aviation;

Whereas the use of cross-polar routes holds considerable ecological benefits with regard to environmental protection, and
significant economic advantages for passengers and airlines;

Whereas the analysis and forecast of traffic density growth on cross-polar airways indicate that it is necessary to take
timely measures to further enhance the operational characteristics of the cross-polar routes;

Whereas meeting the requirements for enhancing the operational characteristics of the cross-polar airways entails
significant financial and material expenditures for ensuring the proper level of safety;
II-22 Assembly Resolutions in Force

The Assembly:

1. Declares that, in order to reap the maximum benefits from the implementation of cross-polar routes, it is
necessary for the States providing air traffic services within the framework of the new international airways structure using
cross-polar routes to endeavour to achieve the utmost extent of coordinated planning to increase the capacity of that
structure;

2. Requests the Council to take appropriate measures to mobilize the resources of States, international
organizations and financial institutions so as to ensure the dynamic development of the new international airways structure
using cross-polar routes;

3. Requests the Council, as a priority, to monitor the development of the new international airways structure using
cross-polar routes, and if necessary, to elaborate recommendations relating to the operation and development of that
structure;

4. Requests the Council to maintain its coordinating role and support initiatives in the organization of inter-regional
activities related to the operation of the international trans-regional airways structure using cross-polar routes, and to the
modernization of ATM systems that support these routes; and

5. Declares that this resolution supersedes Resolution A33-13.

ANNEXES, PANS AND MANUALS

A39-22: Formulation and implementation of Standards and

Recommended Practices (SARPs) and Procedures for
Air Navigation Services (PANS) and notification of
differences

REGIONAL PLANS

A22-19: Assistance and advice in the implementation of

Regional Plans

A40-4, Appendix E: Formulation and Implementation of

Regional Plans including Regional Supplementary
Procedures

A27-11: Airport and airspace congestion

II. Air Navigation II-23

IMPLEMENTATION

A40-5: Regional implementation support mechanisms

Whereas ICAO strives to achieve the goal of a safe and orderly development of civil aviation through cooperation among
Member States and other stakeholders;

Whereas further progress in improving the global safety, capacity and efficiency of civil aviation is best achieved under
the leadership of ICAO through a cooperative, collaborative and coordinated regional approach in partnership with all
stakeholders;

Recognizing that planning and implementation regional groups (PIRGs) serve as regional cooperative forums that
determine regional priorities, and develop and maintain the regional air navigation plans, and associated work
programmes, based on the Global Air Navigation Plan (GANP, Doc 9750) and relevant ICAO provisions;

Recognizing that regional aviation safety groups (RASGs) serve as regional cooperative forums that determine regional
priorities, and develop and maintain the regional aviation safety plans, and associated work programmes, based on the
Global Aviation Safety Plan (GASP, Doc 10004) and relevant ICAO provisions, integrating global, regional, sub-regional,
national and industry efforts for the continued enhancement of aviation safety worldwide;

Recognizing that regular PIRG and RASG meetings have the effect of coalescing and recording regional progress on
planning and implementation;

The Assembly:

1. Notes the revised and harmonized Terms of Reference of the PIRGs and RASGs to further support the
implementation and update of the GANP and GASP;

2. Resolves that ICAO shall support the PIRGs and RASGs in addressing the relevant Strategic Objectives of the
Organization;

3. Urges Member States, regional and international organizations, service providers and industry to participate in
the work of the PIRGs and RASGs, and their respective contributory bodies, to, inter alia, ensure the continuous and
coherent development and implementation of regional air navigation and regional aviation safety plans;

4. Urges Member States to demonstrate the political will necessary for taking remedial actions to address safety
concerns, and air navigation deficiencies identified through the ICAO regional planning process;

5. Urges Member States, regional and international organizations, service providers and industry to serve as
partners in PIRGs and RASGs, and to recognize that their joint commitment is fundamental for success in improving
implementation of regional plans and safety worldwide;

6. Instructs the Council to review the implementation challenges experienced in the regions, as reported by PIRGs
and RASGs, and report to the Assembly, as necessary, on actions taken to further improve the regional planning and
implementation mechanisms; and

7. Instructs the Council to ensure that PIRGs and RASGs report on an annual basis implementation progress as
well as challenges experienced.
II-24 Assembly Resolutions in Force

A38-7: Comprehensive Regional Implementation Plan for

Aviation Safety in Africa

Whereas ICAO continues to play its leadership role to reduce serious deficiencies in the Africa-Indian Ocean (AFI) Region
which are detrimental to the functioning and further development of international civil aviation;

Noting that actions taken by ICAO under the Comprehensive Regional Implementation Plan for Aviation Safety in Africa
(the AFI Plan) have begun to demonstrate positive progress in enhancing aviation safety in the continent;

Noting with satisfaction the significant progress made by African States in improving their level of safety oversight;

Recognizing that success in fully achieving the objectives of the AFI Plan mainly depends on the efforts made by the
African States themselves;

Recognizing that many Member States in the AFI Region, despite the efforts they make, would, in the immediate future,
require continued technical and/or financial support from ICAO and other stakeholders to comply with the requirements
of the Chicago Convention and its Annexes;

Recognizing that many African States cannot, on their own, support an effective and sustainable national safety oversight
system and therefore have to be urged and supported to establish regional safety oversight organizations (RSOOs);

Recalling Recommendation 4/5 of the Special Africa-Indian Ocean Regional Air Navigation Meeting (SP AFI/08 RAN) on
the establishment of regional accident investigation agencies (RAIAs) alongside the development and establishment of
RSOOs, thus enabling States to meet their international obligations in the area of accident investigation by collaborating
and sharing resources;

Noting that ICAO is supporting many African States to establish RSOOs and RAIAs;

Noting the Abuja Declaration on Aviation Safety in Africa adopted during the Ministerial Conference on Aviation Safety
held in Abuja in July 2012;

Noting the aviation safety targets adopted during the Ministerial Conference on Aviation Safety held in Abuja, Nigeria in
July 2012 and endorsed by the Assembly of the African Union in January 2013;

Noting the ICAO Plans of Action developed for some Member States will serve as a platform to provide, in coordination
with other stakeholders, direct assistance in resolving their significant safety concerns (SSCs) as well as other major safety
deficiencies;

Noting that regional organizations initiated or established in the AFI Region will continue to require ICAO support for the
near future and until they are solidly established and self-supporting;

Recognizing the benefit of continuing to coordinate, under the ICAO umbrella, activities of all stakeholders providing
assistance to States in the AFI Region;

Recognizing that ICAO will require additional resources to successfully carry out the support it provides to States in the
AFI Region; and

Noting that strong regional offices would be a positive catalyst for the enhancement of aviation safety in the AFI Region;
II. Air Navigation II-25

The Assembly:

1. Welcomes the considerable effort made by African States and regional organizations to enhance aviation safety;

2. Urges Member States of the AFI Region that accepted ICAO Plans of Action, to commit to achieving the
objectives set forth in the Plans, through the resolution of major safety-related deficiencies, including the SSCs;

3. Urges Member States of the AFI Region to commit to and accelerate the establishment of RSOOs and RAIAs,
where required, and strengthen cooperation across the region in order to make the optimum use of available resources;

4. Urges Member States of the AFI Region to refrain from duplication of services in joining more than one RSOO;

5. Urges Member States of the AFI Region to implement the recommendations of the AFI Planning and
Implementation Regional Group (APIRG) and the Regional Aviation Safety Group (RASG-AFI) meetings;

6. Urges States, industry and donors to support the implementation of priority activities identified by APIRG and
RASG-AFI;

7. Urges States, industry and donors to make contributions in cash and kind towards the implementation of the AFI
Plan and instructs the Council to recognize all such contributions;

8. Urges African States, ICAO and AFCAC to jointly address identified safety deficiencies;

9. Instructs the Council to monitor the achievement of the aviation safety targets established by the Ministerial
Conference on Aviation Safety held in Abuja in July 2012;

10. Instructs the Council to ensure the continued leadership role of ICAO in coordinating activities, initiatives and
implementation strategies aimed specifically at implementing priority projects to achieve sustainable improvement of flight
safety in the AFI Region and to allocate resources to the relevant regional offices accordingly;

11. Instructs the Council to monitor and measure the status of implementation in the AFI Region throughout the
triennium and to report to the next ordinary session of the Assembly on the progress made;

12. Urges Member States of the AFI Region to support the establishment of the AFI Flight Procedure Programme
(FPP) Office with seconded personnel and financial assistance as a matter of urgency to expedite the implementation of
PBN in the region; and

13. Declares that this resolution supersedes Resolution A37-7.

A40-23: Comprehensive Regional Implementation Plan for

Aviation Security and Facilitation in Africa

Whereas it is essential that there be increased coordinated efforts under ICAO leadership to reduce serious aviation
security and facilitation deficiencies in the Africa-Indian Ocean (AFI) Region which are detrimental to the functioning and
further development of international civil aviation;
II-26 Assembly Resolutions in Force

Whereas UN Security Council, in resolution 2396 (2017), in welcoming ICAO’s decision to establish a standard under
Annex 9 — Facilitation, regarding the use of Advance Passenger Information (API) systems by its Member States, and
recognizing that many ICAO Member States have yet to implement this standard, has decided, in paragraph 11, that in
furtherance of paragraph 9 of resolution 2178 (2014) and the ICAO standard, its Member States are, inter alia, to establish
API systems and shall require airlines operating in their territories to provide API to the appropriate national authorities;

Whereas UN Security Council, also in resolution 2396 (2017), at paragraph 12, has decided that “Member States shall
develop the capability to collect, process and analyse, in furtherance of ICAO standards and recommended practices,
passenger name record (PNR) data and to ensure PNR data is used by and shared with all their competent national
authorities, with full respect for human rights and fundamental freedoms for the purpose of preventing, detecting and
investigating terrorist offenses and related travel, further calls upon Member States, the UN, and other international,
regional, and sub regional entities to provide technical assistance, resources and capacity building to Member States in
order to implement such capabilities, and, where appropriate, encourages Member States to share PNR data with relevant
or concerned Member States to detect foreign terrorist fighters returning to their countries of origin or nationality, or
travelling or relocating to a third country, with particular regard for all individuals designated by the Committee established
pursuant to resolutions 1267 (1999), 1989 (2011), and 2253 (2015), and also urges ICAO to work with its Member States
to establish a standard for the collection, use, processing and protection of PNR data”;

Noting that the Council of ICAO has taken steps to address aviation security and facilitation issues through the
development of a Comprehensive Regional Implementation Plan for Aviation Security and Facilitation in Africa (the AFI
SECFAL Plan) as an ICAO Programme;

Noting that significant effort has been made towards reaffirming political commitment in Africa, in collaboration with the
African Union Commission (AUC) and African Civil Aviation Commission (AFCAC), and that the Windhoek Declaration
and specific targets adopted by the Ministerial Conference on Aviation Security and Facilitation in Africa held in April 2016
in Windhoek, Namibia have been endorsed by the African Union (AU) Summit of Heads of States and Government on
1 July 2017 in Addis Ababa, Ethiopia;

Recognizing that many Contracting States in the AFI Region may not have sufficient technical or financial resources to
comply with the requirements of the Chicago Convention and its Annexes and therefore rely on ICAO, development
partners, industry and other stakeholders for expertise and assistance;

Recognizing the need to coordinate, under the ICAO umbrella, activities of all stakeholders providing assistance to States
in the AFI Region;

Recognizing that ICAO may require additional resources to successfully carry out its coordination role; and

Considering the willingness of the international community to assist the AFI Region in giving, as soon as possible, a
concrete and substantial commitment to the AFI SECFAL Plan;

The Assembly:

1. Urges Member States of the AFI Region to commit to the achievement of the goals and objectives of the AFI
SECFAL Plan;

2. Urges Member States to call upon aircraft operators offering international air transport services to participate in
electronic data interchange systems by providing advance passenger information in order to achieve maximum efficiency
levels in the processing of passenger traffic at international airports;

3. Requests Member States that have not already done so, to develop the capability to collect, process and analyse
passenger name record (PNR) data and to ensure that PNR data is used by and shared with their competent national
authorities, with full respect for human rights and fundamental freedoms for the purpose of preventing, detecting and
investigating terrorist offences and related travel;
II. Air Navigation II-27

4. Encourages Member States of the AFI Region to strengthen cooperation across the region in order to optimize
the use and sharing of available resources through regional and sub regional projects and the AFI Collaborative Experts
Scheme (CES) in all aspects of aviation security and facilitation oversight;

5. Encourages all Member States, UN Organizations (especially UNDP, UNODC, Security Council Counter
Terrorism Committee, and others), aviation industry, and financial and other donors to support the AFI SECFAL Plan and
work with ICAO for its implementation;

6. Instructs the Council to ensure a strong ICAO leadership role in coordinating activities, initiatives and
implementation strategies aimed specifically at meeting the goals and objectives of the Plan, in order to achieve sustained
improvement of aviation security and facilitation in the AFI Region and to allocate resources to the Plan under the Regular
budget and to relevant Regional Offices accordingly;

7. Instructs the Council to implement the AFI SECFAL Plan in line with business plan principles, programme
management practices and available resources; and

8. Instructs the Council to monitor and measure the status of implementation in the AFI Region throughout the
triennium and to report to the next Assembly on the progress made; and

9. Declares that this resolution supersedes Resolution A39-38.

A22-19: Assistance and advice in the implementation of

Regional Plans

Whereas it is essential that there be increased efforts to reduce serious deficiencies which are detrimental to the
development of international civil aviation;

Whereas Resolutions A12-5 (Clauses 1 and 5), A15-5 (Clause 4) and A15-8 H (Clause 6) set forth the policy of the
Organization regarding fostering and assisting in the implementation of the Regional Plans; and

Whereas the Assembly, pursuant to Resolution A15-2, has reviewed these policies and agreed on the need for their
consolidation into a single resolution indicating the continuing policies of the Assembly in this matter, for which purpose
the above parts of the original resolutions should be cancelled;

The Assembly:

1. Resolves that the Organization give a high order of priority to fostering and assisting in the implementation of
Regional Plans in accordance with the following:

a) Contracting States should note the possibility of using operating agencies as a means of fulfilling their
international obligations under Article 28 of the Convention;

b) Contracting States should examine with other States in the region whether the implementation of the
particular Regional Plan could be facilitated through bilateral or multilateral agreements;

c) the holding of informal meetings, whether initiated by Contracting States or convened by the Secretary
General, which are confined to implementation problems affecting two or more States, should be encouraged
where no other effective and timely means are available to resolve the problems;
II-28 Assembly Resolutions in Force

d) the Council should render assistance to Contracting States in planning and developing those portions of
national implementation programmes related to the provision of facilities and services called for by Regional
Plans;

e) use should be made of available means of assisting in the implementation of Regional Plans through the
use of the United Nations Development Programme, technical advice and expert assistance from the
Secretariat and the training resources of the Secretariat;

f) the Council should ensure that, as a matter of priority, the Regional Offices of ICAO assist, advise and
encourage Contracting States to meet their responsibilities under Article 28 of the Convention in the
implementation of those parts of the Regional Plans with which they are concerned, and, furthermore, the
Council should ensure that the Regional Offices are utilized to the fullest extent possible in the carrying out
of these tasks, including those mentioned in d) and e) above and those emanating from requests received
in accordance with h) below;

g) the Council should ensure that all the activities of the Organization that can contribute to the implementation of
Regional Plans are carefully coordinated, in particular at the regional level;

h) when a Contracting State, having explored all methods and means for implementing the Regional Plans with
which it is concerned pursuant to Article 28 of the Convention, experiences difficulties which hinder such
implementation, it should report accordingly to ICAO and, with respect to those items that might become
serious deficiencies if not implemented, it should request assistance from ICAO; and

i) the Council should continue, as a matter of priority, to assist and encourage Contracting States to meet their
responsibilities under Article 28 of the Convention, and to investigate the practicability of any other solutions
for obtaining implementation of specific facilities and services determined by the Council to represent serious
deficiencies in the world air navigation network;

2. Declares that this resolution supersedes Resolution A16-9.

A39-22: Formulation and implementation of Standards and

Recommended Practices (SARPs) and Procedures for
Air Navigation Services (PANS) and notification of
differences

A40-4, Appendix E: Formulation and Implementation of

Regional Plans including Regional Supplementary
Procedures

A40-4, Appendix M: The Headquarters’ and Regional Offices’

technical Secretariat
II. Air Navigation II-29

A40-9: Consolidated statement of continuing ICAO policies in

the air transport field

SPECIAL PROGRAMMES

A31-9: Implementation of the ICAO Programme for the

prevention of controlled flight into terrain (CFIT)

A41-6: ICAO global planning for safety and air navigation

Whereas ICAO strives to achieve the goal of a safe and orderly development of civil aviation through cooperation among
Member States and other stakeholders;

Whereas to realize this goal, the Organization has established Strategic Objectives, including objectives for safety and for
air navigation capacity and efficiency;

Recognizing the importance of global frameworks and regional and national plans to support the Strategic Objectives of
ICAO;

Recognizing the importance of effective implementation of regional and national plans and initiatives based on the global
frameworks;

Recognizing that further progress in improving the global safety, capacity and efficiency of civil aviation is best achieved
through a cooperative, collaborative and coordinated approach in partnership with all stakeholders under the leadership
of ICAO; and

Noting the approval by the Council of the 2023-2025 edition of the Global Aviation Safety Plan (GASP) and of the seventh
edition of the Global Air Navigation Plan (GANP);

The Assembly:

1. Endorses the 2023-2025 edition of the Global Aviation Safety Plan (GASP) and the seventh edition of the Global
Air Navigation Plan (GANP) as the global strategic directions for safety and the evolution of the air navigation system,
respectively;

2. Resolves that ICAO shall implement and keep current the GASP and the GANP to support the relevant Strategic
Objectives of the Organization, while ensuring necessary stability;

3. Resolves that these global plans shall be implemented and kept current in close cooperation, collaboration and
coordination with all concerned stakeholders;

4. Resolves that these global plans shall provide the frameworks in which regional, subregional and national plans
will be developed and implemented, thus ensuring consistency, harmonization and coordination of efforts aimed at
improving international civil aviation safety, capacity and efficiency;
II-30 Assembly Resolutions in Force

5. Urges Member States to develop sustainable solutions to fully exercise their safety oversight and air navigation
responsibilities which can be achieved by sharing resources, utilizing internal and/or external resources, such as regional
and subregional organizations and the expertise of other States;

6. Urges Member States to demonstrate the political will necessary for taking remedial actions to address safety
and air navigation deficiencies, including those identified by Universal Safety Oversight Audit Programme (USOAP),
through the GASP, the GANP and the ICAO regional planning process;

7. Urges Member States, the industry and financing institutions to provide the needed support for the coordinated
implementation of the GASP and GANP, as well as regional and national plans, avoiding duplication of efforts;

8. Calls upon States and invites other stakeholders to cooperate in the development and implementation of regional,
subregional and national plans based on the frameworks of the GASP and GANP;

9. Instructs the Secretary General to promote, make available and effectively communicate the GASP and the
GANP; and

10. Declares that this resolution supersedes Resolution A40-1 on ICAO global planning for safety and air navigation.

APPENDIX A

Global Aviation Safety Plan (GASP)

Reaffirming that the primary objective of the Organization continues to be the improvement of safety and an associated
reduction in the number of accidents and related fatalities within the international civil aviation system;

Recognizing that safety is a responsibility involving ICAO, Member States and all other stakeholders;

Recognizing the safety benefits that can be drawn from partnerships between States and industry;

Noting that a safe, resilient and sustainable aviation system contributes to the economic development of States and their
industries;

Recognizing the need to maintain the public’s confidence in air transport by providing access to relevant safety information;

Recognizing that a proactive approach in which a strategy is established to set goals, targets and indicators to manage
organizational challenges and operational safety risks is of paramount importance to the achievement of further
improvements in aviation safety;

Recognizing that regional aviation safety groups have been implemented by ICAO, taking into account the needs of the
various regions and building on the already existing structures and forms of cooperation;

Noting the intent to apply a risk-based approach to managing safety in the GASP to enhance safety by focusing action
where it is most needed;

Noting the development of the global aviation safety roadmap as an action plan to assist the aviation community in
achieving the GASP goals, through a structured, common frame of reference for all relevant stakeholders; and

Noting the need to assist Member States in building upon safety oversight systems to adopt a safety management
approach under their State safety programme (SSP);
II. Air Navigation II-31

The Assembly:

1. Stresses the need for continuous improvement of aviation safety through a reduction in the number of accidents
and related fatalities in air transport operations, including regional aircraft operations, in all parts of the world;

2. Stresses that limited resources of the international aviation community should be used strategically to support
States or regions seeking assistance to facilitate State safety programme (SSP) implementation, including strengthening
safety oversight;

3. Urges Member States to implement national aviation safety plans consistent with the GASP to continually reduce
fatalities and the risk of fatalities;

4. Urges Member States, regional safety oversight organizations (RSOOs), regional aviation safety groups (RASGs)
and international organizations concerned, to work with all stakeholders to implement regional aviation safety plans
consistent with the GASP to continually reduce fatalities and the risk of fatalities;

5. Urges States to fully exercise safety oversight of their operators in full compliance with applicable Standards and
Recommended Practices (SARPs), and assure themselves that every foreign operator flying into their territory receives
adequate oversight from its own State and take appropriate action when necessary to preserve safety; and

6. Encourages ICAO to continue the development of guidance material and tools to support the development and
implementation of national and regional aviation safety plans.

APPENDIX B

Global Air Navigation Plan (GANP)

Whereas the enhancement of the safety, capacity and efficiency of aviation operations is a key element of the ICAO
Strategic Objectives;

Having adopted Resolution A41-10, a consolidated statement of continuing ICAO policies and associated practices related
specifically to air navigation;

Recognizing the importance of GANP as an operational strategy and part of the basket of measures to achieve ICAO’s
global aspirational goals on CO2 emissions; and

Recognizing that many States and regions are developing new air navigation plans for their own air navigation
modernization and transformation;

Recognizing that sharing of best practices, lessons learned, and provision of guidance material can support States in the
introduction of operational improvements in a cost-effective manner through the adoption of advanced systems without
going through intermediate steps;

The Assembly:

1. Instructs the Council to use the guidance in the Global Air Navigation Plan (GANP) to develop and prioritize the
technical work programme of ICAO in the field of air navigation;

2. Urges the Council to provide States with a standardization and evolution roadmap, as announced in the GANP,
as a basis for the work programme of ICAO;
II-32 Assembly Resolutions in Force

3. Calls upon States, planning and implementation regional groups (PIRGs), and the aviation industry to utilize the
guidance provided in the GANP for planning and implementation activities which establish priorities, targets and indicators
consistent with globally-harmonized objectives, taking into account operational needs;

4. Calls upon States to take into consideration the GANP guidelines, for the implementation of operational
improvements as part of their national strategy to reduce the environmental impact, including CO2 emissions, from
international aviation;

5. Calls upon States, PIRGs, and the aviation industry to provide timely information to ICAO, and to each other,
regarding the implementation status of the GANP, including the lessons learned from the implementation of the operational
improvements outlined in the ASBU framework;

6. Invites PIRGs to use ICAO standardized tools or adequate regional tools to monitor and, in collaboration with
ICAO, analyse the implementation status of air navigation systems;

7. Instructs the Council to publish the results of the analysis on the regional performance dashboards, including, as
a minimum, the key implementation priorities and accrued environmental benefits associated with the implementation of
the operational improvements outlined in the ASBU framework;

8. Urges States that are developing new air navigation plans, for their own air navigation modernization, to
coordinate with ICAO and align their plans so as to ensure regional harmonization, and global compatibility and
interoperability;

9. Instructs the Council to continue developing the GANP, keeping it current with evolving and emerging
technologies and operational requirements; and

10. Invites ICAO to progress in the development of guidance material related to the national air navigation plan during
the upcoming revisions of the GANP and collect and share best practices, lessons learned, and benchmark results related
to the implementation of operational improvements.

A40-3: Protection of safety data and safety information

collected for maintaining or improving safety and of
flight recorder recordings in normal operations

Whereas the primary objective of the Organization continues to be that of ensuring the safety of international civil aviation
worldwide;

Recognizing the importance of the free communication of safety information amongst the stakeholders of the aviation
system;

Recalling that Annex 19 — Safety Management accords protection to safety data and safety information collected for
maintaining or improving safety and their related sources;

Recognizing that the protection of safety data, safety information and related sources is essential to ensure their continued
availability since the use of safety data and safety information for purposes other than maintaining or improving safety
may inhibit the future availability of such data and information, with a significant adverse effect on safety;

Considering that a balance needs to be struck between the need for the protection of safety data, safety information and
related sources to maintain or improve aviation safety and the need for the proper administration of justice;
II. Air Navigation II-33

Noting that the flight recorder recordings and their transcripts were introduced to support accident and incident
investigations;

Whereas Annex 6 — Operation of Aircraft provides for protection of flight recorder recordings or transcripts in normal
operations;

Mindful of the importance of protecting the flight recorder recordings or transcripts in normal operations, outside of Annex
13-type investigations;

Concerned that safety data, safety information and flight recorder recordings or transcripts in normal operations may be
used for purposes other than those for which they were collected, including disciplinary, civil, administrative and criminal
proceedings;

Noting that a reporting environment where employees and operational personnel may trust that their actions or omissions
that are commensurate with their training and experience will not be punished is fundamental to safety reporting; and

Recognizing that technological advances may expand the type of recordings, safety data and safety information that can
be captured by safety reporting systems and flight recorders;

The Assembly:

1. Calls on Member States to reaffirm their commitment to protect safety data and safety information collected for
maintaining or improving safety and their related sources;

2. Urges Member States to accord protection to the flight recorder recordings or transcripts in normal operations,
outside of Annex 13-type investigations;

3. Urges all Member States to continue to examine their existing legislation and adjust as necessary, or enact laws,
regulations and policies to protect safety data, safety information and related sources, and the flight recorder recordings
or transcripts in normal operations;

4. Directs the Secretary General to continue to provide support to States in implementing the protective frameworks
in Annexes 6 and 19; and

5. Declares that this resolution supersedes Resolution A38-4.

A37-11: Performance-based navigation global goals

Whereas a primary objective of ICAO is that of ensuring the safe and efficient performance of the global Air Navigation
System;

Whereas the improvement of the performance of the air navigation system on a harmonized, worldwide basis requires the
active collaboration of all stakeholders;

Whereas the Eleventh Air Navigation Conference recommended that ICAO, as a matter of urgency, address and progress
the issues associated with the introduction of area navigation (RNAV) and required navigation performance (RNP);
II-34 Assembly Resolutions in Force

Whereas the Eleventh Air Navigation Conference recommended that ICAO develop RNAV procedures supported by global
navigation satellite system (GNSS) for fixed-wing aircraft, providing high track and velocity-keeping accuracy to maintain
separation through curves and enable flexible approach line-ups;

Whereas the Eleventh Air Navigation Conference recommended that ICAO develop RNAV procedures supported by
GNSS for both fixed- and rotary-wing aircraft, enabling lower operating minima in obstacle-rich or otherwise constrained
environments;

Whereas Resolution A33-16 requested the Council to develop a programme to encourage States to implement approach
procedures with vertical guidance (APV) utilizing such inputs as GNSS or distance-measuring equipment (DME)/DME, in
accordance with ICAO provisions;

Recognizing that not all airports have the infrastructure to support APV operations and not all aircraft are currently capable
of APV;

Recognizing that many States already have the requisite infrastructure and aircraft capable of performing straight-in
approaches with lateral guidance (LNAV approaches) based on the RNP specifications and that straight-in approaches
provide demonstrated and significant safety enhancements over circling approaches;

Recognizing that the Global Aviation Safety Plan has identified Global Safety Initiatives (GSIs) to concentrate on
developing a safety strategy for the future that includes the effective use of technology to enhance safety, consistent
adoption of industry best practices, alignment of global industry safety strategies and consistent regulatory oversight;

Recognizing that the Global Air Navigation Plan has identified Global Plan Initiatives (GPIs) to concentrate on the
incorporation of advanced aircraft navigation capabilities into the air navigation system infrastructure, the optimization of
the terminal control area through improved design and management techniques, the optimization of the terminal control
area through implementation of RNP and RNAV SIDs and STARs and the optimization of terminal control area to provide
for more fuel efficient aircraft operations through FMS-based arrival procedures; and

Recognizing that the continuing development of diverging navigation specifications would result in safety and efficiency
impacts and penalties to States and industry;

Noting with satisfaction that planning and implementation regional groups (PIRGs) have completed regional PBN
implementation plans; and

Recognizing that not all States have developed a PBN implementation plan by the target date of 2009;

The Assembly:

1. Urges all States to implement RNAV and RNP air traffic services (ATS) routes and approach procedures in
accordance with the ICAO PBN concept laid down in the Performance-based Navigation (PBN) Manual (Doc 9613);

2. Resolves that:

a) States complete a PBN implementation plan as a matter of urgency to achieve:

1) implementation of RNAV and RNP operations (where required) for en route and terminal areas
according to established timelines and intermediate milestones;

2) implementation of approach procedures with vertical guidance (APV) (Baro-VNAV and/or augmented
GNSS), including LNAV-only minima, for all instrument runway ends, either as the primary approach or
as a back-up for precision approaches by 2016 with intermediate milestones as follows: 30 per cent by
2010, 70 per cent by 2014; and
II. Air Navigation II-35

3) implementation of straight-in LNAV-only procedures, as an exception to 2) above, for instrument

runways at aerodromes where there is no local altimeter setting available and where there are no aircraft
suitably equipped for APV operations with a maximum certificated take-off mass of 5 700 kg or more;

b) ICAO develop a coordinated action plan to assist States in the implementation of PBN and to ensure
development and/or maintenance of globally harmonized SARPs, Procedures for Air Navigation Services
(PANS) and guidance material including a global harmonized safety assessment methodology to keep pace
with operational demands;

3. Urges that States include in their PBN implementation plan provisions for implementation of approach procedures
with vertical guidance (APV) to all runway ends serving aircraft with a maximum certificated take-off mass of 5 700 kg or
more, according to established timelines and intermediate milestones;

4. Instructs the Council to provide a progress report on PBN implementation to the next ordinary session of the
Assembly, as necessary;

5. Requests the Planning and Implementation Regional Groups (PIRGs) to include in their work programme the
review of status of implementation of PBN by States according to the defined implementation plans and report annually to
ICAO any deficiencies that may occur; and

6. Declares that this resolution supersedes Resolution A36-23.

A22-11: International assistance in re-establishing operation

of international airports and
related air navigation facilities

A29-3: Global Rule Harmonization

A40-17: Consolidated statement of continuing ICAO policies

and practices related to environmental protection —
General provisions, noise and local air quality

A40-18: Consolidated statement of continuing ICAO

policies and practices related to environmental
protection — Climate change

A35-15: Consolidated statement of continuing ICAO policies

and practices related to a global air traffic
management (ATM) system and communications,
navigation and surveillance/air traffic management
(CNS/ATM) systems

A32-12: Follow-up to the 1998 Worldwide CNS/ATM Systems

Implementation Conference
II-36 Assembly Resolutions in Force

A29-15: Smoking restrictions on international passenger

flights

A35-12: Protection of the health of passengers and crews and

prevention of the spread of communicable disease
through international travel

A40-14: Mitigation of the spread of disease through, inter alia,

A29-13: Improvement of Safety Oversight

A32-11: Establishment of an ICAO universal safety oversight

audit programme

A33-9: Resolving deficiencies identified by the Universal

Safety Oversight Audit Programme and encouraging
quality assurance for technical cooperation projects

A40-9: Consolidated statement of continuing ICAO policies in

the air transport field

A29-11: Use of space technology in the field of air navigation

A36-14: Use of cross-polar routes

A40-6: Regional cooperation and assistance to resolve safety

deficiencies, establishing priorities and setting
measurable targets

A40-13: The Universal Safety Oversight Audit Programme

(USOAP) Continuous Monitoring Approach (CMA)
II. Air Navigation II-37

A23-14: Application of systems planning to the introduction of

new aircraft types

Whereas the introduction of new aircraft types may have considerable repercussions on the determination of new
requirements to be satisfied by airports and en-route air navigation facilities and services;

Whereas States may, as has happened on past occasions, be compelled to satisfy these requirements in adverse
conditions as a consequence of not having sufficient time to plan either investments in, or construction and maintenance
of, the facilities and services;

Whereas the introduction of such aircraft may therefore have a decisive influence on the results of the operation of
international air transport services and on the competitive capacity of their operators;

Whereas these circumstances may, in turn, have repercussions on the responsibilities which devolve on the States as
representatives of the public interests at stake and, in particular, as providers of airports and en-route air navigation
facilities and services;

Whereas it clearly follows that the benefits which may reasonably be expected to accrue from the introduction of the new
aircraft types can only be fully achieved through the coordinated participation in this process by the manufacturers of such
aircraft, the operators who utilize them in their services, the airport operators and the States in their two-fold capacity as
providers of the aeronautical infrastructure and representatives of the public interest;

Whereas to this end, the Contracting States should participate in this process, not only by virtue of their responsibilities as
described above, but also by urging their nationals engaged in the manufacture and operation of such aircraft and
operation of airports to collaborate in this coordination;

Whereas the whole of the foregoing must be understood as meaning that the freedom of decision of the manufacturers,
aircraft and airport operators and the States themselves will in no way be affected in the process; and

Whereas as a result of the Council’s study of the subject, the Organization has instituted an information system for the
purpose of facilitating coordinated planning in the process of introducing new aircraft types;

The Assembly:

1. Declares that for the purpose of achieving the fullest benefit from the introduction of new aircraft types, it is
necessary that the manufacturers and operators of the latter, the airport operators and the States in their capacity as
providers of the aeronautical infrastructure and representatives of the public interest, should achieve coordinated planning
to the maximum extent possible in the process of introduction of such aircraft;

2. Directs the Council to foster the continued application of the systems planning process to the introduction of new
aircraft types;

3. Urges Contracting States to give the necessary cooperation in the application of the systems planning process
to the introduction of new aircraft types; and

4. Declares that this resolution supersedes Resolution A16-5.

II-38 Assembly Resolutions in Force

A33-11: A global design code for aircraft

A27-11: Airport and airspace congestion

Whereas the rapid growth of air traffic places heavy demands on airports and air navigation systems and causes serious
congestion problems in some areas of the world;

Whereas initiatives have been taken to alleviate the most serious consequences of the imbalances between air traffic
demand and capacity in the short- and medium-term;

Whereas the benefits of regional planning have already been demonstrated;

Noting Resolution A27-10 (Appendix P) on the coordination of civil and military traffic and the common use of airspace;

Recognizing that further measures, including longer term measures, will be required to expand the airport and air
navigation system capacity to more efficiently accommodate future air traffic; and

Noting the Council’s intention to include tasks dealing with airport and airspace capacity and congestion in the work
programme of the Organization in the air navigation and air transport fields;

The Assembly:

1. Urges States to take measures that have positive effects on airport and airspace capacity, in consultation with
users and airport operators and without prejudice to safety;

2. Invites States to recognize that airports and airspace constitute an integrated system and developments in both
areas should be harmonized;

3. Urges States to take into account the effects on other States of their airport and airspace congestion problems
and the implications of actions taken to deal with those problems;

4. Invites States to consider the possible relaxation of operating restrictions for aircraft meeting the requirements of
Chapter 3 of Annex 16, including the easing of night curfews and/or quotas for off-schedule arrivals by such aircraft; and

5. Directs the Council:

a) to ensure that in the development of SARPs and PANS due regard be taken of their impact on airport and
airspace capacity; and

b) in reviewing the work of the Organization in the air navigation and air transport fields related to airspace
congestion, along with global planning, to pay attention to delegating the work on a geographical and/or subject
basis; and to ensure effective coordination in order to avoid duplicating activities of other international
organizations, and to place greater emphasis on regional responsibilities in achieving more rapid and better
adapted solutions to regional problems.
II. Air Navigation II-39

A41-9: New Entrants

Recognizing that, for the purposes of this Resolution, the term “New Entrants” refers to higher airspace operations (HAO)
and unmanned aircraft system (UAS) traffic management (UTM) operations;

Recognizing that there is an increasing need to facilitate, within a global, harmonized framework, operations by New
Entrants and that there is a large disparity in performance in the types of vehicle expected to comprise this new airspace
user group;

Recalling Resolution A40-26 on Commercial Space Transport (CST);

Recognizing that ICAO provisions may need to be amended or expanded in order to ensure the safety, regularity and
efficiency of operations by New Entrants and the integration of such operations into the existing air traffic management
framework;

Recognizing that significant progress has been made concerning the facilitation of operations by New Entrants through
regional and State initiatives; and

The Assembly:

1. Directs ICAO to review Standards and Recommended Practices (SARPs) relating to, inter alia, the rules of the
air, air traffic services, certification, licensing, liability and the environment, for amendment or expansion as necessary,
and to develop specific concepts and guidance to facilitate the operation of New Entrants within a global, harmonized
framework, taking into account regional frameworks and practices;

2. Calls on Member States to arrange their regulations and procedures governing the operation of New Entrants as
well as the common use by all airspace users of certain facilities and services so as to facilitate the integration of these
operations, while not compromising safety and security, duly addressing environmental implications, and, where
necessary, ensuring that these new operations comply with the rules of the air in Annex 2 — Rules of the Air;

3. Calls on Member States to ensure that the common use by all users of airspace and certain facilities and services
does not disproportionately affect the regularity, environmental protection and efficiency of civil and military operations;

4. Recognizes ICAO’s role as an international forum to facilitate improved cooperation, collaboration and the
sharing of best practices in support of regional initiatives, and to undertake the necessary follow-up activities that build on
those initiatives by encouraging increased dialogue between States, New Entrants, existing aviation stakeholders and the
space community; and

5. Declares that this resolution supersedes A40-7.

II-40 Assembly Resolutions in Force

A40-9: Consolidated statement of continuing ICAO policies in

the air transport field

AIRWORTHINESS AND OPERATION OF AIRCRAFT

A23-2: Amendment of the Chicago Convention regarding

transfer of certain functions and duties

A40-4, Appendix C: Certificates of airworthiness, certificates

of competency and licences of flight crews

A23-13: Lease, charter and interchange of aircraft in

international operations

Whereas it is in the general interest of international civil aviation that arrangements for lease, charter and interchange of
aircraft, particularly aircraft without crew, be facilitated;

Whereas the international provisions in force contain no absolute impediment to the implementation of such arrangements;

Whereas, inter alia, Annex 6 to the Convention on International Civil Aviation does not prevent the State of Registry from
delegating to another State the authority to exercise the functions incumbent upon it pursuant to that Annex;

Whereas such delegation may facilitate the implementation of arrangements for lease, charter and interchange of aircraft,
particularly aircraft without crew;

Whereas such delegation may only be made without prejudice to the rights of third States;

Whereas the Convention on International Civil Aviation was developed prior to the widespread application of international
lease, charter and interchange of aircraft, particularly aircraft without crew;

Whereas the Convention on International Civil Aviation places on a State of Registry responsibilities that it can fulfil when
the aircraft is operated by an operator of that State, as is normally the case, but it may be unable to fulfil adequately in
instances where an aircraft registered in that State is leased, chartered or interchanged, particularly without crew, by an
operator of another State;

Whereas the Convention on International Civil Aviation may not adequately specify the rights and obligations of the State
of an operator of the aircraft leased, chartered or interchanged, in particular without crew until such time as the amendment
to the Convention (Article 83 bis) enters into force;

Whereas the safety and economics of international air transportation may be adversely affected by the lack of clearly
defined responsibilities for aircraft leased, chartered or interchanged, in particular without crew, under the existing
provisions of the Convention on International Civil Aviation;

Whereas the instances of lease, charter and interchange of aircraft have substantially risen in number, thus presenting
serious problems;
II. Air Navigation II-41

Whereas the provisions in the Annexes to the Convention on International Civil Aviation relating to the delegation of
authority from one State to another to exercise certain functions may only be invoked without prejudice to rights of third
States;

Whereas the law of certain Contracting States is not further adapted to this situation; and

Whereas the basic problem of ultimate responsibility of the State of Registry in this matter remains unresolved until such
time as the amendment to the Convention (Article 83 bis) enters into force;

The Assembly:

1. Commends the Council for the measures taken thus far in order to facilitate the lease, charter and interchange
of aircraft, on the one hand by adopting various amendments to the Annexes to the Chicago Convention and on the other
by commissioning the study of an appropriate agreed text by a working group and then by a special subcommittee of the
Legal Committee;

2. Declares that the matter of lease, charter and interchange of aircraft continues to present various problems which
need solution;

3. Urges that, where arrangements for the lease, charter and interchange of aircraft — particularly aircraft without
crew — would be facilitated, the State of Registry of such an aircraft, to the extent considered necessary, delegate to the
State of the Operator its functions under Annex 6 to the Convention on International Civil Aviation;

4. Urges that in such cases, the State of the Operator change, if necessary, its national regulations to the extent
required to empower it both to accept such delegation of functions and to oblige the operator to fulfil the obligations
imposed by Annex 6;

5. Invites all Contracting States, the provisions of whose laws inhibit the lease, charter or interchange of aircraft, to
review in due time such provisions with a view to removing those inhibitions and extending their powers in order to better
enable them to exercise the new functions and duties which could be placed upon them as State of the Operator; and

6. Declares that this resolution supersedes Resolutions A18-16, A21-22 and A22-28.

A40-17: Consolidated statement of continuing ICAO policies

and practices related to environmental protection —
General provisions, noise and local air quality

A40-18: Consolidated statement of continuing ICAO

policies and practices related to environmental
protection — Climate change
II-42 Assembly Resolutions in Force

PERSONNEL LICENSING AND TRAINING

A40-24: Consolidated statement of ICAO policies on technical

cooperation

A21-24: Sickle cell trait in civil aviation

Whereas an abiding concern with the medical aspects of civil aviation as it affects crew members, passengers and third
parties on the ground and in the air is an integral part of the overall responsibility of Contracting States and ICAO in aviation
safety;

Whereas several hundreds of thousands of sickle cell gene carriers have flown and continue to fly yearly in both
pressurized and unpressurized aircraft at various normal operational heights and in all types of weather; and

Whereas some international airlines have already reviewed their previous stance and are now employing sickle cell trait
carriers for cabin-crew duties;

The Assembly resolves that:

1. Contracting States be urged to establish facilities, if they have not already done so, for the purpose of:

a) advising the national aviation authority on all aviation medicine matters relating to licensing;

b) investigating possible health hazards associated with flight;

c) providing medical expertise for the investigation of incidents occurring during or associated with flight;

d) conducting research into medical problems of aviation safety; and

e) advising on national or international health matters affecting aviation;

2. liaison be maintained on such matters between States as well as with the ICAO Secretariat;

3. screening of individuals for any trait or condition should be based solely on medical considerations;

4. Contracting States be advised that, in an applicant, the mere possession of the sickle cell trait should not be a
reason for disqualifying him for flying duties in civil aviation, unless there is positive medical evidence to the contrary.

A29-16: Role of ICAO in the prevention of substance abuse in

the workplace

Whereas Assembly Resolution A27-12 urged the Council to elaborate with a high degree of priority concrete measures to
prevent and eliminate substance abuse by crew members, air traffic controllers, mechanics, and other staff of international
civil aviation, and requested the Council, following further study, to propose specific measures concerning drug-related
problems in international civil aviation;
II. Air Navigation II-43

Whereas substance abuse by civil aviation employees may seriously compromise aviation safety;

Whereas ICAO has initiated concrete actions to develop measures to ensure that civil aviation workplaces are free of
substance abuse by expediting the development of additional guidance material with emphasis on educational programmes
related to prevention of substance abuse;

Whereas the Air Navigation Commission requested the Secretariat to expedite the development of additional guidance
material; and

Whereas it is incumbent upon the international civil aviation community to ensure that civil aviation employees are aware
of the dangers posed by substance abuse;

The Assembly:

1. Declares its strong support for making and maintaining civil aviation workplaces free of substance abuse and
encourages cooperative efforts throughout the international civil aviation community to educate employees on the dangers
of substance abuse and to take steps, when deemed necessary, to detect and deter such use, and, through such efforts,
to ensure that substance abuse never becomes prevalent or tolerated within international civil aviation;

2. Urges the Council to accord a high degree of priority, as contemplated in Resolution A27-12, in the Technical Work
Programme, to expediting the development and publication of guidance material containing measures which may be
implemented by Contracting States and to conducting or arranging such symposia or seminars as necessary to assist and
educate Contracting States to maintain civil aviation workplaces free from the threat of substance abuse;

3. Requests the Council to continue its effort to monitor:

a) the existence and growth of the threat to the safety of international civil aviation posed by substance abuse;
and

b) efforts by Contracting States to implement preventive measures; and

4. Requests the Council to present a report on the implementation of this Resolution to the next ordinary session of
the Assembly.

A33-12: Harmonization of drug and alcohol testing

programmes

Whereas ICAO has for over 50 years effectively and efficiently fulfilled its functions in accordance with the Convention on
International Civil Aviation;

Whereas the fundamental objectives of the Organization expressed in Article 44 of the Chicago Convention and the
functions of the Council expressed in Articles 54 and 55 remain paramount;

Whereas appreciation is expressed to the Council and the Secretary General for the progress made regarding the
elimination of substance abuse by personnel in safety-related occupations in aviation;

Whereas there is still a need to achieve a consistent policy on the implementation by national authorities of regulations
regarding the prevention and enforcement on the abuse of alcohol and drugs by personnel in safety-related occupations
in aviation;
II-44 Assembly Resolutions in Force

Whereas the Organization is facing new and rapidly evolving challenges of a technological, economic, social and legal
nature;

Whereas the response to these challenges affects the safety of international civil aviation; and

Whereas there is a need for ICAO to meet these challenges effectively;

The Assembly:

1. Directs the Council to review existing guidance for improvements aimed at helping States to develop consistent
prevention and testing programmes.

2. Directs the Council to study the issues and to develop the necessary ICAO provisions to achieve consistency
among the substance testing programmes of Contracting States and enforcement by Contracting States on the abuse of
alcohol and drugs by certain safety-sensitive personnel.

3. Encourages Contracting States to foster consistency with respect to their prevention and testing programmes.

A38-8: Proficiency in the English language used for

radiotelephony communications

Whereas to prevent accidents, ICAO introduced language provisions to ensure that air traffic personnel and pilots are
proficient in conducting and comprehending radiotelephony communications in the English language, including
requirements that the English language shall be available on request at all stations on the ground serving designated
airports and routes used by international air services;

Recognizing that the language provisions reinforce the requirement to use ICAO standardized phraseology in all situations
for which it has been specified;

Recognizing that Member States have made substantial efforts to comply with the language proficiency requirements;

Recognizing that some Member States encounter considerable difficulties in implementing the language proficiency
requirements including the establishment of language training and testing capabilities;

Whereas in accordance with Article 38 of the Convention any Member State which finds it impracticable to comply in all
respects with any international standard or procedure is obliged to give immediate notification to ICAO;

Whereas in accordance with Article 39 b) of the Convention any person holding a licence not satisfying in full the conditions
laid down in the international standard relating to the class of licence or certificate held, shall have endorsed on or attached
to the licence all the particulars in which this person does not satisfy such conditions; and

Whereas pursuant to Article 40 of the Convention no personnel having certificates or licences so endorsed shall participate
in international navigation, except with the permission of the State or States whose territory is entered;

The Assembly:

1. Urges Member States to use ICAO standardized phraseology in all situations for which it has been specified;
II. Air Navigation II-45

2. Directs the Council to continue to support Member States in their implementation of the language proficiency
requirements;

3. Encourages Member States to make use of the ICAO Aviation English Language Test Service (AELTS) to verify
language testing instruments;

4. Urges Member States to make use of the ICAO Language Proficiency Requirements - Rated Speech Samples
training aid;
5. Urges Member States to assist each other in their implementation of the language proficiency requirements; and

6. Declares that this resolution supersedes Resolution A37-10.

A39-13: Halon replacement

Recognizing the importance of aircraft fire extinguishing systems to the safety of flight;

Recognizing that halogenated hydrocarbons (halon) have been the main fire extinguishing agent used in civil aircraft fire
extinguishing systems for over fifty years;

Whereas halons are no longer being produced by international agreement because their release contributes to ozone
depletion and climate change;

Recognizing that more needs to be done because the available halon supplies are decreasing and unsure and that the
environmental community continues to be concerned that halon alternatives have not been developed for all fire
extinguishing systems in civil aircraft;

Recognizing that the Minimum Performance Standard for each application of halon has been developed already by the
International Aircraft Systems Fire Protection Working Group with participation by industry and regulatory authorities;

Recognizing that there are stringent aircraft-specific requirements for each application of halon that must be met before a
replacement can be implemented;

Recognizing that the aircraft manufacturing industry has established mechanisms for stakeholder engagement in the
development of common solutions for halon replacement in a realistic timeframe for cargo compartment applications;

Recognizing that the production is prohibited by international agreement, halon is now exclusively obtained from recovery,
reclaiming and recycling. Therefore, recycling of halon gas needs to be rigorously controlled to prevent the possibility of
contaminated halon being supplied to the civil aviation industry; and

Recognizing that any strategy must depend on alternatives that do not pose an unacceptable environmental or health risk
as compared to the halons they are replacing;

The Assembly:

1. Urges States and their aviation industries to intensify development and implementation of acceptable halon
alternatives for fire extinguishing and suppression systems in aircraft cargo compartments;

2. Urges States to determine and monitor their halon reserve and quality of halon;
II-46 Assembly Resolutions in Force

3. Encourages ICAO to continue collaboration with the International Aircraft Systems Fire Protection Working Group
and the United Nations Environment Programme’s Ozone Secretariat through its Technology and Economic Assessment
Panel’s Halons Technical Options Committee on the topic of halon alternatives for civil aviation;

4. Encourages States to collaborate with the Industry Consortium for engine/APU applications and the Cargo
Compartment Halon Replacement Working Group established by the International Coordinating Council of Aerospace
Industries Associations;

5. Encourages States to support measures to minimize unnecessary halon emissions that occur when there is an
absence of any safety threatening fire event and to ensure the better management and preservation of existing halon
reserves;

6. Directs the Council to mandate the replacement of halon in cargo compartment fire suppression systems used in
aircraft for which application for type certification will be submitted after a specified date in the 2024 timeframe; and

7. Declares that this resolution supersedes Resolution A38-9.

A39-29: Next Generation of Aviation Professionals

Recognizing that aviation is a growing industry that is critical for promoting global connectivity while supporting economic
development and growth around the world;

Recognizing that in order to support growing aviation needs and ensure the safe and efficient operation of the air
transportation system, qualified and competent aviation professionals, as well as a diverse aviation workforce, are
required;

Considering that, to meet current and future human resources needs, it is important for States and industry to engage the
next generation of aviation professionals;

Noting that partnerships between government, regional organizations, industry and educational organizations are
important to attracting, educating and retaining the next generation of aviation professionals, considering gender equality;

The Assembly:

1. Urges Member States to work with the aviation community to identify long-term human resources needs and
establish strategies to attract, educate and retain in the sector aviation professionals, considering gender equality;

2. Encourages Civil Aviation Authorities to communicate and cooperate with government education and labour
bodies, the TRAINAIR PLUS Programme (TPP) network and the aviation industry to develop strategies for promoting
aviation and developing competent aviation professionals and retaining them within States;

3. Encourages Member States to facilitate, through internationally agreed upon guidance and assessment
practices for mutual recognition of qualifications and licenses, administrative procedures to allow for the free flow of
professionals across borders;

4. Instructs the Council to ensure a continued leadership role for ICAO, in facilitating communication and
collaboration with States and industry to support the development of forecasts, strategies, sharing of best practices,
planning tools, and guidelines for engaging and cultivating the next generation of aviation professionals;
II. Air Navigation II-47

5. Encourages Member States to promote best practices that focus on meeting the needs and values of the next
generation of aviation professionals to enable employee productivity, performance, recruitment, retention, and safety; and

6. Encourages Member States, international and regional organizations, academia and industry to support the
NGAP Programme, as one of the integral elements of capacity building, by providing technical expertise and guidance,
and resources (human, financial and data) to help achieve the Programme’s objectives.

A40-25: Implementing Aviation Training and Capacity-Building

Strategies

Whereas sustainable, safe and secure global aviation development relies on the availability of qualified and competent
employees, supervisors and managers to operate, maintain, plan, coordinate, manage, and oversee all complex
operations in various airports, airspaces, aircraft, maintenance facilities, etc.;

Considering that the International Civil Aviation Organization (ICAO) Council has approved the ICAO Civil Aviation Training
Policy identifying ICAO’s objectives and role in aviation training to “support the Human Resources Development strategies
established by Member States and the aviation community to ensure that they have access to a sufficient number of
qualified and competent personnel to operate, manage and maintain the current and future air transport system at
prescribed international standards for Safety, Air Navigation Capacity and Efficiency, Security and Facilitation, Economic
Development of Air Transport, and Environmental Protection”;

The Assembly:

1. Resolves that ICAO shall assist Member States in achieving and maintaining competency of aviation personnel
through the ICAO training activities, in order to ensure ICAO Member States have sufficient human resources and capacity
for the implementation of ICAO provisions and programmes.

2. Resolves that the ICAO training activities shall be guided by the following principles:

a) qualification of aviation professionals is the responsibility of Member States;

b) the highest priority should be placed on learning activities that support the implementation of
Standards and Recommended Practices (SARPs) and ICAO programmes using a competency-based
training and Instructional Systems Design (ISD) approach;

c) ICAO should advise operators of training facilities but does not participate in the operation of such
facilities;

d) a high priority shall be placed on the support for the ICAO Next Generation of Aviation Professionals
(NGAP) and the implementation of human performance and talent management strategies and
frameworks that include attracting, training, cultivating, nurturing and retaining the next generation;

e) the Global Aviation Training (GAT) activities should guide and support the training and learning
opportunities offered to States by ICAO to ensure quality, standardization, effectiveness and efficiency
of the deliverables; and

f) the ICAO Secretary General should strengthen self-sustainable GAT activities, with a clear
governance structure, including mechanisms for financial, technical and managerial mandates and
Key Performance Indicators towards supporting learning and development needs of States.
II-48 Assembly Resolutions in Force

3. Urges States to share their strategic plans addressing learning and development in aviation including the practical
application of the ICAO Aviation Training and Capacity-Building Roadmap, and assist each other to optimize access to
learning activities for their aviation professionals.

4. Calls upon States to:

a) encourage the implementation of aviation learning and development associations; and

b) build partnerships on training and learning related matters through regional cooperation and
knowledge exchange, including but not limited to, sharing available training resources, instructors,
curriculum designers, courseware and implementing a roster of aviation training experts.

5. Instructs the Council to establish a monitoring and an evaluation mechanism addressing quality, efficiency and
effectiveness of the ICAO GAT activities, and to report to Member States accordingly.

Associated practices

1. The Council should strengthen the assistance for its Member States to harmonize aviation professionals’ levels
of competency including establishment of competency-frameworks for all aviation related jobs. These efforts should be
based on:

a) data analysis to determine job requirements, expected human performance, priorities and needs;

b) identified training needs for the implementation of ICAO provisions; and

c) a competency-based training approach.

A38-10: Recognition of approval of flight simulation training

devices (FSTD)

Whereas ICAO published Doc 9625 — Manual of Criteria for the Qualification of Flight Simulation Training Devices,
Volume I – Aeroplanes, (3rd Edition) and Volume II — Helicopters (1st Edition) to provide the means for the authorities of
other States to accept, without repetitive evaluations, the qualifications granted by the State that conducted the initial and
recurrent evaluations of a flight simulation training device (FSTD);

Recognizing that despite an internationally agreed mechanism for harmonization provided for in Doc 9625, the absence
of recognition of FSTD qualifications is fostering multiple evaluations and causing high costs to States and the industry;
and

Recognizing that there has been slow progress towards implementation of systems to recognize the approval of FSTD’s
based on guidance contained in Doc 9625;

The Assembly:

1. Urges Member States to establish systems to recognize the approval of FSTDs based on guidance provided in
using Doc 9625;

2. Directs the Council to continue to support Member States in the establishment of systems to recognize the
approval of FSTDs; and
II. Air Navigation II-49

3. Urges Member States to assist each other in the establishment of systems to recognize the approval of FSTDs.

A40-4, Appendix C: Certificates of airworthiness, certificates

of competency and licences of flight crews

A40-4, Appendix D: Qualified and Competent Aviation

Personnel

AIRCRAFT ACCIDENT INVESTIGATION

A40-4, Appendix N: Cooperation among Member States in

investigations of aircraft accidents

A40-4, Appendix O: Human performance

A36-10: Improving accident prevention in civil aviation

A40-2: Protection of accident and incident investigation

records

UNITS OF MEASUREMENT

A40-4: Consolidated statement of continuing ICAO policies

and associated practices related specifically to air
navigation

GROUND FACILITIES, SERVICES AND PERSONNEL

A40-4, Appendix G: Delimitation of air traffic services (ATS)

airspaces

A40-4, Appendix H: Provision of search and rescue services

A40-4, Appendix I: Coordination and cooperation of civil and

military air traffic
II-50 Assembly Resolutions in Force

A40-4, Appendix J: The provision of adequate aerodromes

A40-4, Appendix K: Adequate conditions of employment for

aviation ground personnel

A27-11: Airport and airspace congestion

A38-8: Proficiency in the English language used for

radiotelephony communications

A40-8: Global provisions for design, certification and

operations of water aerodromes

Recognizing that Assembly Resolution A39-25 directed the Secretary General to consider the special needs and
characteristics of Least Developed Countries (LDCs), Land Locked Countries (LLDCs) and Small Island Developing States
(SIDS), identified within the framework of the United Nations, in the coordination, prioritization, facilitation and
implementation of assistance programmes aimed at enhancing their air transport systems;

Recognizing the need to support States with global provisions related to areas only accessible by seaplane operations in
order to improve safety and encourage a strong civil aviation sector that can promote and sustain social and economic
progress through responsible tourism, for example, which is a primary economic driver;

Considering the need to promulgate global provisions specifically related to the design, certification and operations of
water aerodromes for seaplane operations so as to meet the needs of all Member States for safe, regular, efficient and
economical air transport;

The Assembly:

Requests the Council, within the current allotted budget, and as a matter of priority, to review existing SARPs related to
aerodromes and to develop specific Standards and Recommended Practices in the appropriate Annexes to the
Convention in order to address the design, certification, management, safety and reporting requirements for water
aerodromes operations.

TECHNICAL MEASURES AGAINST ACTS OF

UNLAWFUL INTERFERENCE

A22-5: Sabotage and destruction of a Cuban civil aircraft on

scheduled service in the Caribbean with the loss of
73 passengers and crew

A40-11: Consolidated statement on continuing ICAO policies

related to aviation security
II. Air Navigation II-51

A27-12: Role of ICAO in the suppression of illicit transport of

narcotic drugs by air

_____________________
PART III. AIR TRANSPORT

AIR TRANSPORT CONTINUING POLICIES

A41-27: Consolidated statement of continuing ICAO policies in

the air transport field

Whereas the Convention on International Civil Aviation establishes the basic principles to be followed by governments to
ensure that international air transport services may be developed in an orderly, regular, efficient, economical, harmonious
and sustainable manner and it is therefore one of the purposes of ICAO to support principles and arrangements in order that
international air transport services may be established on the basis of equality of opportunity, sound and economic operation,
mutual respect of the rights of States and taking into account the general interest;

Whereas air transport is of fundamental importance to the sustainable development of the economies of States by promoting
and facilitating tourism and trade;

Whereas it is increasingly difficult, particularly for developing countries, to secure the necessary resources required to
optimize the opportunities and meet the challenges inherent in the development of air transport, and to keep pace with the
challenges posed by demands on air transport;

Whereas the Organization prepares guidance, studies and statistics on the development of air transport for Member States
on a continuing basis and these should be kept current, focused and relevant and should be disseminated to Member States
through the most effective means;

Whereas Member States are required to provide accurate and factual statistical data and other information in order that the
Organization may prepare relevant guidance and studies;

Whereas the Organization is moving toward management by objective with more focus on implementation of air transport
policies and associated guidance in line with the No Country Left Behind (NCLB) initiative, rather than considering setting
Standards under this Strategic Objective;

Whereas guidance developed by the Organization, and action taken by the Organization in implementing its Strategic
Objective – Economic Development of Air Transport, should assist Member States in developing policies and practices that
facilitate the globalization, commercialization and liberalization, as well as the creation of a favourable environment for the
sustainable development of international air transport;

Whereas the Organization has developed Guidance on Economic and Financial Measures to Mitigate the Impact of the
Coronavirus Outbreak on Aviation for Member States and the industry to cope with the economic fallout of the COVID-19
pandemic, alleviate the imminent liquidity and financial strain on the industry, and strengthen the industry resilience to
future crises;

Whereas the Ministerial Declaration adopted at the High-level Conference on COVID-19 (HLCC 2021) confirmed the
importance of support provided for the aviation sector, including economic and financial support, to sustain operations
and ensure the provision of essential services while safeguarding fair competition and equal opportunities; and

Whereas it is important for Member States to participate in the work of the Organization in the air transport field;

III-1
III-2 Assembly Resolutions in Force

The Assembly:

1. Resolves that the Appendices attached to this resolution and listed below constitute the consolidated
statement of continuing ICAO policies in the air transport field, as these policies exist at the close of the 41st Session
of the Assembly:

Appendix A — Economic regulation of international air transport

Appendix B — Taxation
Appendix C — Airports and air navigation services economics
Appendix D — Aviation data and statistics
Appendix E — Forecasting, planning and economic analyses

2. Urges Member States to have regard to these policies and their continuing elaboration by the Council and
by the Secretary General in the relevant ICAO documents;

3. Urges Member States to make every effort to fulfil their obligations, arising from the Convention and Assembly
resolutions, to support the work of the Organization in the air transport field, and, in particular, to provide complete and
prompt statistical and other information requested by the Organization for its air transport work;

4. Urges Member States in their regulatory functions to have regard to the policies and guidance material
developed by ICAO on economic regulation of international air transport, such as those contained in Doc 9587, Policy
and Guidance Material on Economic Regulation of International Air Transport;

5. Requests the Council to attach particular importance to financing challenges of aviation infrastructure and
capacity development, commensurate with the level of predicted traffic growth, especially in developing countries;

6. Requests the Council, when it considers it of benefit to the work on any air transport issue, to consult expert
representatives from Member States by the most appropriate means, including the establishment of panels or Secretariat
study groups of such qualified experts, who would meet or work by correspondence and subsequently report to the Air
Transport Committee in accordance with Doc 9482, Directives for Panels of the Air Transport Committee and the Aviation
Security Committee;

7. Requests the Council to convene Conferences or Divisional meetings, in which all Member States may
participate, as the principal means of progressing the resolution of issues of worldwide importance in the air transport
field, when such meetings are justified by the number and importance of the issues to be dealt with and where there is
the likelihood of constructive action upon them;

8. Requests the Council and the Secretary General to disseminate and promote ICAO’s air transport policies and
associated guidance to and among Member States;

9. Requests the Council and the Secretary General to continue to promote and raise awareness of the Ministerial
Declaration of the High-level Conference on COVID-19, while efforts are made to implement the relevant provisions of
the Declaration;

10. Requests the Council and the Secretary General to take necessary action to implement Assembly resolutions
and decisions concerning the Organization’s air transport activities, and to monitor and assist the implementation by
States of ICAO’s policies in the air transport field;

11. Requests the Council to keep the consolidated statement of ICAO’s air transport policies under review and
advise the Assembly when changes are required to the statement;
III. Air Transport III-3

12. Requests the Council to keep ICAO’s policies and guidance material in the air transport field current and
responsive to changes and the needs of Member States while preserving the core principles on which they are based;
and

13. Declares that this resolution supersedes Resolution A40-9.

APPENDIX A

Economic regulation of international air transport

Section I. Basic principles and long-term vision

Whereas the basic principles of sovereignty, fair and equal opportunity, non-discrimination, interdependence,
harmonization and cooperation set out in the Convention have served international air transport well and continue to
provide the basis for and contribute to its future development;

Whereas multilateralism to liberalize international air transport, especially the exchange of commercial rights, including
traffic rights, on a multilateral basis to the greatest possible extent continues to be an objective of the Organization;

Whereas within the framework of the Convention, Member States have many differing regulatory goals and policies but
share a fundamental objective of participation through reliable and sustained involvement in the international air transport
system;

Whereas there is a need to adapt to the changing regulatory and operating environment in the air transport field and the
Organization has accordingly developed policy guidance for the regulation of international air transport, including model
clauses and template air services agreements;

Whereas the tremendous impact of COVID-19 on the aviation sector in terms of resilience, sustainability or recovery
requires interaction between different policy and technical areas to find adequate solutions for the sector;

Whereas, most international air services are governed by bilateral or multilateral Air Services Agreements (ASAs) among
States or regional groups of States, and which are indispensable to international air transport because they provide a
predictable framework where air carriers can operate and sustain future air services, and therefore any restrictions
introduced in response to a crisis should be kept to a minimum and reconciled with the requirements of ASAs;

Whereas there is need to build further understanding of the challenges and benefits associated with market access
liberalization, both in terms of passenger and cargo services;

Whereas the provision of regular and reliable air transport services is of fundamental importance to the development of
the economies of States, especially the developing States, including those dependent on tourism;

Whereas the Organization has adopted the long-term vision for international air transport liberalization which states: We,
the Member States of the International Civil Aviation Organization, resolve to actively pursue the continuous liberalization
of international air transport to the benefit of all stakeholders and the economy at large. We will be guided by the need to
ensure respect for the highest levels of safety and security and the principle of fair and equal opportunity for all States
and their stakeholders;

Whereas the compliance of Member States with provisions of the Convention and the universal adherence to the
International Air Services Transit Agreement (IASTA), the Convention for the Unification of Certain Rules for International
Carriage by Air (Montréal Convention of 1999), the Convention on International Interests in Mobile Equipment (Cape
III-4 Assembly Resolutions in Force

Town Convention) and its Protocol on Matters Specific to Aircraft Equipment and other ICAO instruments governing
international air transport can facilitate and contribute to the achievement of the objectives of the Organization;

Whereas consumer interest should be given due regard in the development of national or regional policies and regulations
of international air transport; and

Whereas discussions in the Air Transport Regulation Panel indicate wide support to examine the economic and
regulatory aspects of international operations of unmanned aircraft, in view of the increasing global operations of
unmanned aircraft.

The Assembly:

1. Urges all Member States to give regard to, and apply, the ICAO Long-term Vision for International Air Transport
Liberalization in policymaking and regulatory practices;

2. Encourages Member States to pursue liberalization of market access at a pace and in a manner appropriate
to needs and circumstances, giving due regard to the interests of all stakeholders, the changing business
environment and infrastructure requirements, as well as to the principles pertaining to safeguard measures designed
to ensure the sustained and effective participation of all States, including the principle of giving special consideration
to the interests and needs of developing countries;

3. Urges Member States to avoid adopting unilateral and extraterritorial measures that may affect the orderly,
sustainable and harmonious development of international air transport and to ensure that domestic policies and
legislation are not applied to international air transport without taking due account of its special characteristics;

4. Urges Member States that have not yet become parties to the IASTA, the Montréal Convention of 1999, the
Cape Town Convention and its Protocol and other ICAO instruments governing international air transport to give
urgent consideration to so doing;

5. Urges all Member States to register all agreements and arrangements relating to international civil aviation
with ICAO in accordance with Article 83 of the Convention and the Rules for Registration with ICAO of Aeronautical
Agreements and Arrangements, to enhance transparency;

6. Urges Member States to keep the Council fully informed of serious problems arising from the application of
air services agreements or arrangements and of any significant developments in the liberalization process;

7. Encourages States to ensure that national regulations on air transport reflect and complement key ICAO
priorities;

8. Urges Member States to give due regard to the distinct features of air cargo services when exchanging
market access rights in the framework of air service agreements and grant appropriate rights and operational
flexibility so as to promote the development of air cargo services, including those enabling e-commerce;

9. Urges Member States, in dealing with the issues related to slot allocation and night flight restrictions, to give
due consideration to the needs and concerns of other States and make every effort to resolve any concerns through
consultation between the parties concerned, in a transparent and non-discriminatory manner, and to respect and
follow the ICAO Balanced Approach principle in regulatory action on aircraft noise management at airports;

10. Urges Member States and concerned stakeholders to give regard to, and apply, the ICAO high-level, non-
binding, non-prescriptive core principles on consumer protection in policy-making and regulatory and operational
practices, including in case of massive disruptions impacting aviation, and to keep ICAO informed of the experiences
gained or issues encountered in their application;
III. Air Transport III-5

11. Requests the Council to strongly support the exchange of views and good practices on the application of the
ICAO core principles on consumer protection as this effort could help encourage compatibility among national or regional
regimes, taking into account the needs of States for flexibility given their social, political and economic characteristics;

12. Encourages Member States to continue to make use of and benefit from the ICAO Air Services Negotiation
(ICAN) facility, which facilitates and improves the efficiency of their air services negotiations and consultations;

13. Requests the Council to continue to build a better understanding of the benefits and challenges of
liberalization and barriers to opening market access, so that further consideration could be given to the development
of a multilateral approach at the appropriate time;

14. Requests the Council to examine whether there is a need to consider the development of a specific
international agreement to facilitate further liberalization of air cargo services, in view of the critical role of air cargo
services during the COVID-19 pandemic and the surge in global demand for the services;

15. Requests the Council to conduct an in-depth assessment of the need for guidance on the economic regulation
of international operations of unmanned aircraft systems, and to coordinate the gathering and sharing of information and
best practices on economic regulatory issues on unmanned aircraft among Member States;

16. Requests the Council to promote the use and adherence to the key principles of the ICAO Guidance on
Economic and Financial Measures to Mitigate the Impact of the Coronavirus Outbreak on Aviation, which should be
updated when deemed necessary;

17. Requests the Council to establish appropriate interactions between different committees, panels and working
bodies within the Organization to make sure that their respective policy areas are appropriately addressed in their
respective work;

18. Requests the Council to continue to enhance dialogue and exchange of information with Member States and
industry, taking into account the goals of the ICAO Long-term Vision for International Air Transport Liberalization,
concerning the past experiences and achievements of States, including existing liberalization agreements concluded
at bilateral, regional and multilateral levels, as well as the applicability and relevance of the existing multilateral air
law treaties, and the various proposals presented during the Sixth Worldwide Air Transport Conference (ATConf/6);

19. Requests the Council to continue to cooperate with regional and subregional bodies in the examination and
development of measures of cooperation, including liberalized arrangements, and the results of these measures, in
order to see whether similar or other measures should at the appropriate time be recommended to Member States
for application on a wider basis;

20. Requests the Council to prepare guidelines in order to provide States with the flexibility to temporarily
respond to international crises while protecting the integrity of ASAs, facilitating the continuation of traffic during a
crisis and ensuring a return to “normal” afterwards, taking into consideration in particular, lessons learned from the
COVID-19 pandemic, which has been a shock of unprecedented scale to the international aviation system; and

21. Requests the Council to continue the comparative and analytical study of the policies and practices of
Member States in the regulation of international air transport, including the provisions of air services agreements,
and to share such information with Member States.

Section II. Air carrier ownership and control

Whereas the strict application of the criterion of substantial ownership and effective control for the authorization of
an airline to exercise route and other air transport rights could deny many States a fair and equal opportunity to
operate international air services and to optimize the benefits to be derived therefrom;
III-6 Assembly Resolutions in Force

Whereas airline designation and authorization for market access should be liberalized at each State’s pace and
discretion progressively, flexibly and with effective regulatory control in particular regarding safety and security;

Whereas the broadening or the flexible application of the criteria for airline designation and authorization could help
create an operating environment in which international air transport may develop and flourish in a stable, efficient
and economical manner, and contribute to the participation objectives of States in the liberalization process, without
prejudice to States’ obligations for aviation safety and security;

Whereas the realization of developmental objectives among States is increasingly being promoted by cooperative
arrangements in the form of regional economic groupings and functional cooperation symbolic of the affinity and
community of interest; and

Whereas discussions in the Air Transport Regulation Panel indicate wide support for ongoing work to develop a
multilateral instrument on the liberalization of air carrier ownership and control;

The Assembly:

1. Urges Member States to continue to liberalize air carrier ownership and control, according to needs and
circumstances, through various existing measures, such as waivers of ownership and control restrictions in bilateral air
services agreements or designation provisions recognizing the concept of community of interest within regional or
subregional economic groupings, and those recommended by ICAO;

2. Urges Member States to accept such designations and allow such airlines to exercise the route rights and other
air transport rights of a State or States, in particular developing States, within the same grouping, under mutually
acceptable terms and conditions including air transport agreements negotiated or to be negotiated by the parties
concerned;

3. Urges Member States to recognize the concept of community of interest within regional or subregional economic
groupings as a valid basis for the designation by one State or States of an airline of another State or States within the
same regional economic grouping where such airline is substantially owned and effectively controlled by such other State
or States or its or their nationals;

4. Urges Member States to give consideration to the use of alternative criteria for airline designation and
authorization, including those developed by ICAO, and to adopt a flexible and positive approach to accommodate other
States in efforts to liberalize air carrier ownership and control without compromising safety and security;

5. Invites Member States with experience in various forms of joint operation of international air services to submit
to the Council, on a continuing basis, information concerning their experience, so that the Organization may have
information that might be of assistance to Member States;

6. Requests the Council to address the remaining issues of concern to be able to make progress towards a
Convention on Foreign Investment in Airlines, which aims to liberalize air carrier ownership and control on a multilateral
basis in line with the ICAO Long-term Vision for International Air Transport Liberalization; and

7. Requests the Council to give assistance, when approached, to Member States that take the initiative in
developing cooperative arrangements for the joint ownership and operation of international air services, directly among
themselves or whose airlines develop such arrangements, and to promptly circulate to States information concerning
such cooperative arrangements.
III. Air Transport III-7

Section III. Cooperation in regulatory arrangements and competition

Whereas certain economic, financial and operational constraints unilaterally introduced at the national level affect
the stability of, and tend to create unfair discriminatory trading practices in, international air transport and might be
incompatible with the basic principles of the Convention and the orderly and harmonious development of international
air transport;

Whereas one of the key principles recommended by the ICAO Council Aviation Recovery Task Force (CART), for a
safe, secure and sustainable restart and recovery of the global aviation sector from the disastrous impact of the
COVID-19 pandemic, was for States and financial institutions to consider the need to provide direct and/or indirect
support in various proportionate and transparent ways; and

Whereas the Organization has developed policy guidance for States to foster harmonization and compatibility of
regulatory approaches and practices for international air transport, including on competition matters;

The Assembly:

1. Urges Member States to take into consideration that fair competition is an important general principle in the
operation of international air transport services;

2. Urges Member States to develop competition laws and policies that apply to air transport, taking into account
national sovereignty and to consider ICAO guidance on competition;

3. Urges Member States to encourage cooperation among regional and/or national competition authorities when
dealing with matters relating to international air transport, including in the context of approval of alliances and mergers;

4. Encourages Member States to incorporate the basic principles of fair and equal opportunity to compete, non-
discrimination, transparency, harmonization, compatibility and cooperation set out in the Convention and embodied in
ICAO’s policies and guidance in national legislation, rules and regulations, and in air services agreements;

5. Requests the Council to develop tools such as an exchange forum to enhance cooperation, dialogue and
exchange of information on fair competition between States with a view to promoting compatible regulatory approaches
towards international air transport; and

6. Requests the Council to continue to monitor developments in the area of competition in international air
transport and update, as necessary, its policies and guidance on fair competition.

Section IV. Trade in services

Whereas the General Agreement on Trade in Services (GATS) adopted by the World Trade Organization (WTO) has
included certain aspects of international air transport; and

Whereas ICAO has actively promoted an understanding by all parties concerned of the provisions of the Convention
on International Civil Aviation and of the particular mandate and role of ICAO in international air transport;

The Assembly:

1. Reaffirms the need for ICAO to continue to explore future regulatory arrangements and develop recommendations and
proposals to meet the challenges facing international air transport, responding to the internal and external changes affecting it;

2. Recognizes that such arrangements should create an environment in which international air transport may develop
and continue to flourish in an orderly, efficient and economical manner without compromising safety and security, while ensuring
the interests of all Member States and their effective and sustained participation in international air transport;
III-8 Assembly Resolutions in Force

3. Reaffirms the primary role of ICAO in developing policy guidance on the regulation of international air transport;

4. Urges Member States that participate in trade negotiations, agreements and arrangements relating to
international air transport to:

a) ensure internal coordination in national administrations and, in particular, the direct involvement of
aeronautical authorities and the aviation industry in the negotiations;

b) ensure representatives are fully aware of the provisions of the Convention on International Civil Aviation,
the particular characteristics of international air transport and its regulatory structures, agreements and
arrangements;

c) take into account rights and obligations vis-à-vis those of ICAO Member States which are not members
of the WTO;

d) examine carefully the implications of any proposed inclusion of an additional air transport service or activity
in the GATS, bearing in mind, in particular, the close linkage between economic, environmental, safety
and security aspects of international air transport;

e) promote a full understanding of the role and mandate of ICAO in developing policy guidance on economic
regulation, including the liberalization of international air transport, and consider using this guidance; and

f) file with ICAO under Article 83 of the Convention copies of any exemptions and specific commitments
pertaining to international air transport made under the GATS;

5. Requests the WTO, its Member States and observers to accord due consideration to:

a) the particular regulatory structures and arrangements of international air transport and the liberalization
taking place at the bilateral, subregional and regional levels;

b) ICAO’s constitutional responsibility for international air transport and, in particular, for its safety and
security; and

c) ICAO’s existing policy and guidance material on the economic regulation of international air transport and
its continued work in the field; and

6. Requests the Council to:

a) continue to exert a global leadership role in facilitating and coordinating the process of economic
liberalization while ensuring safety, security and environmental protection in international air transport;

b) pursue, in a proactive manner, developments in trade in services that might impinge on international
air transport and inform Member States accordingly; and

c) promote continued effective communication, cooperation and coordination between ICAO, the WTO, and
other intergovernmental and non-governmental organizations dealing with trade in services.
III. Air Transport III-9

APPENDIX B

Taxation

Whereas the imposition of taxes on international air transport, such as on aircraft, fuel, and consumable technical
supplies, on the income of international air transport enterprises, and on the sale or use of such services, may have
an adverse economic and competitive impact on international air transport operations;

Whereas ICAO’s Policies on Taxation in the Field of International Air Transport as contained in Doc 8632, make a
conceptual distinction between a charge and a tax in that “a charge is a levy that is designed and applied specifically
to recover the costs of providing facilities and services for civil aviation, and a tax is a levy that is designed to raise
national or local government revenues which are generally not applied to civil aviation in their entirety or on a cost-
specific basis”;

Whereas it is a matter of great concern that taxes are increasingly being imposed by some Member States in respect
of certain aspects of international air transport and that levies imposed on air traffic, several of which can be
categorized as taxes on the sale or use of international air transport, are proliferating;

Whereas the matter of aircraft engine emission-related levies is addressed in Assembly Resolution A41-20,
Consolidated statement of continuing ICAO policies and practices related to environmental protection — General
provisions, noise and local air quality (Appendix H, Aviation impact on local air quality);

Whereas the ICAO policies on taxation in Doc 8632 supplement Article 24 of the Convention and are designed to
recognize the nature of international civil aviation and the need to accord tax-exempt status to certain aspects of the
operations of international air transport; and

Whereas the organization publishes and keeps up to date a supplement to Doc 8632, a compilation of responses
from Member States on their status of implementation of the consolidated resolutions on taxation.

The Assembly:

1. Urges Member States to follow ICAO’s Policies on Taxation in the Field of International Air Transport as
contained in Doc 8632, and to avoid imposing discriminatory taxes on international aviation;

2. Urges Member States to avoid double taxation in the field of air transport;

3. Urges Member States to forward information when required to ICAO, on the status of their implementation of the
consolidated resolutions on taxation for the update of the supplement to Doc 8632; and

4. Requests the Council to continue to promote ICAO’s policies on taxation, monitor developments, and update its
policies and supplement to Doc 8632, as required.

APPENDIX C

Airports and air navigation services economics

Section I. Charging policy

Whereas Article 15 of the Convention establishes the basis for the application and disclosure of charges for airports
and air navigation services;
III-10 Assembly Resolutions in Force

Whereas ICAO’s Policies on Charges for Airports and Air Navigation Services as contained in Doc 9082 make a
conceptual distinction between a charge and a tax in that “a charge is a levy that is designed and applied specifically
to recover the costs of providing facilities and services for civil aviation, and a tax is a levy that is designed to raise
national or local government revenues which are generally not applied to civil aviation in their entirety or on a cost-
specific basis”;

Whereas the matter of aircraft engine emission-related levies and market-based measures is addressed separately
in Assembly Resolution A41-20, Consolidated statement of continuing ICAO policies and practices related to
environmental protection — General provisions, noise and local air quality (Appendix H, Aviation impact on local air
quality), and in Assembly Resolution A41-21, Consolidated statement of continuing ICAO policies and practices
related to environmental protection — Climate change;

Whereas the Council has been directed to formulate recommendations for the guidance of Member States with regard
to the principles on which providers of airports and air navigation services for international civil aviation may charge
to recover the costs of their provision and derive other reasonable revenue therefrom, and with regard to the methods
that may be employed to that effect;

Whereas Member States have called on the Organization to provide advice and guidance aimed at promoting
equitable recovery of airport and air navigation services costs consistent with ICAO’s policies, while maintaining a
balance between the respective financial interests of providers of airports and air navigation services on the one
hand and air carriers and other users on the other;

Whereas the Council has adopted policy guidance on the allocation of Global Navigation Satellite System (GNSS)
costs to ensure an equitable treatment of all users who can actually derive benefits from GNSS services; and

Whereas there was significant decline in air traffic due to the impact of the COVID-19 pandemic, resulting in the
reduction of revenue from charges for airports and air navigation services, and the ensuing risks to the financial
stability of the service providers;

The Assembly:

1. Urges Member States to ensure that Article 15 of the Convention is fully respected;

2. Urges Member States to base the recovery of the costs of the airports and air navigation services they provide
or share in providing for international civil aviation on the principles set forth in Article 15 of the Convention and ICAO’s
policies as contained in Doc 9082, regardless of the organizational structure under which the airports and air navigation
services are operated;

3. Urges Member States to ensure that airport and air navigation services charges are applied towards defraying
the costs of providing facilities and services for civil aviation;

4. Urges Member States to make every effort pursuant to Article 15 of the Convention to publish and communicate
to the Organization any charges that may be imposed or permitted to be imposed by a Member State for the use of airports
and air navigation facilities by the aircraft of any other Member State;

5. Urges Member States to adopt the principles of non-discrimination, cost-relatedness, transparency and
consultation, as set out in ICAO’s policies in Doc 9082, in national legislation, regulation or policies, as well as in air
services agreements, to ensure compliance by airports and air navigation services providers;

6. Urges Member States to ensure that the current ICAO policies for cost recovery of security measures and
functions at airports and by air navigation services providers, as set out in Doc 9082, are implemented so that security
user charges are reasonable, cost-effective and foster harmonization worldwide;
III. Air Transport III-11

7. Urges Member States to cooperate in the recovery of costs of multinational air navigation facilities and services
and to consider the use of the ICAO policy guidance on the allocation of GNSS costs;

8. Urges Member States to strike an appropriate balance between service providers and users when implementing
economic and financial measures in times of crisis, including the revision of charges, through effective consultation and
ensuring that difficulties are shared among all parties in a reasonable manner;

9. Requests the Council to continue to update, as required, ICAO’s policies on user charges and related guidance
material with a view to contributing to increased efficiency and improved cost-effectiveness in the provision and operation
of airports and air navigation services and a sound cooperation between providers and users, and reinforce the
responsiveness of the policies to future crisis;

10. Requests the Council to continue to update, as required, guidance on funding of appropriate oversight functions
and on the allocation of GNSS costs, as well as to address the cost recovery for provision of aeronautical meteorological
(MET) service for international civil aviation;

11. Requests the Council to address the issues of the appropriateness of a global cost recovery system for the provision
of space weather information services for international civil aviation, including the development of a cost recovery mechanism
consistent with ICAO’s charging principles; and

12. Requests the Council to continue to promote ICAO’s policies on user charges and related guidance material in
order to increase the awareness of, and implementation by, Member States and their airports and air navigation services
entities.

Section II. Aviation infrastructure management and financing

Whereas Member States are placing increased emphasis on improving efficiency and cost-effectiveness in the
provision of airports and air navigation services;

Whereas Member States are increasingly assigning the operation of airports and air navigation services to
commercialized and privatized entities, which may have less awareness and knowledge of States’ obligations specified
in the Convention and its Annexes and of ICAO’s policies and guidance material in the economic field, and are using
multinational facilities and services to meet the commitments they have assumed under Article 28 of the Convention;

Recognizing the need to make substantial investments over the long term in the development and modernization of
quality aviation infrastructure commensurate with the level of predicted traffic growth, including the future needs of
new entrants and relevant Sustainable Development Goals;

Whereas the aviation industry has been paying for a vast majority of its own infrastructure costs, rather than being
financed through taxation, public investment or subsidies;

Whereas the development of air transport infrastructure and the global plan for Aviation System Block Upgrades
(ASBUs) requires necessary business case justification to secure funding and financing to support implementation;

Whereas the need to address the financial challenges posed by the COVID-19 pandemic on airports and air navigation
services providers, and the medium- and long-term implications on funding and financing for aviation infrastructure
development cannot be over emphasized; and

Recalling that the Declaration and Framework for a Plan of Action for Development of Aviation Infrastructure in Africa
was adopted within the framework of the Lomé Plan of Action (2017-2019) of the African Union at the Third ICAO
World Aviation Forum (IWAF/3) in Abuja, Nigeria in November 2017;
III-12 Assembly Resolutions in Force

The Assembly:

1. Reminds Member States that with regard to airports and air navigation services they remain responsible for the
commitments they have assumed under Article 28 of the Convention, regardless of what entity or entities operate the airports
or air navigation services concerned;

2. Encourages Member States to consider the establishment of autonomous entities to operate airports and air
navigation services providers, taking into account economic viability as well as the interests of the users and other interested
parties;

3. Urges Member States to establish good governance, for example, the creation of enabling institutional, legal and
regulatory frameworks, the use of a data-driven approach, and the cooperation and compatible decision-making among
transport authorities and other ministries in charge of related portfolios, which can provide a strong impetus to boost
investment in aviation infrastructure;

4. Urges Member States to develop national and/or regional aviation infrastructure programmes and plans, which
should be aligned and integrated with an appropriately balanced development of transport modes, linked with national and/or
regional development frameworks and strategies, and harmonized with the international economic and financial frameworks;

5. Encourages Member States to establish a transparent, stable and predictable investment climate to support
aviation infrastructure development, for example, by engaging stakeholders, diversifying funding sources and elevating the
role of private sector, including through private investment, business reform, private finance initiatives, public-private
partnership and various incentive schemes;

6. Encourages Member States to consider the appropriateness of financial and regulatory support to airports and air
navigation service providers in response to any unprecedented economic difficulties stemming from the COVID-19 pandemic.
Such support should be consistent with the principle of fair and equal opportunity to compete;

7. Requests the Council to continue to develop and update, as required, guidance and tools on financing for the
development and modernization of quality aviation infrastructure, including mechanisms to support operational improvements
as described in the ASBU modules;

8. Requests the Council to continue to assess the emerging funding and financing needs arising from the industry
technology advancement, including investment in infrastructure to support the operation of the unmanned aircraft systems;

9. Requests the Council to keep the ICAO Guidance on Economic and Financial Measures to Mitigate the Impact of
the Coronavirus Outbreak on Aviation updated and promote its use to support the recovery of airports and air navigation
services from the COVID-19 pandemic; and

10. Requests the Council to continue to conduct and support relevant follow up work to implement the Declaration and
Framework for a Plan of Action for Development of Aviation Infrastructure in Africa under existing arrangements, especially
under the ICAO Comprehensive Regional Implementation Plan for Aviation Safety in Africa (AFI Plan).

APPENDIX D

Aviation data and statistics

Whereas ICAO’s Aviation Data and Statistics Programme provides an independent and global foundation for the
purpose of fostering the planning and sustainable development of international air transport;

Whereas each Member State has undertaken that its international airlines shall file the data and statistics requested
by the Council in accordance with Article 67 of the Convention;
III. Air Transport III-13

Whereas the Council has laid down requirements for data and statistics on domestic airline operations, international
airports, and international route facilities, pursuant to Articles 54 and 55 of the Convention;

Whereas the Council has also laid down requirements for data and statistics collection on civil aircraft on register
pursuant to Article 21 of the Convention;

Whereas there is a need for the Organization to collect data and statistics from States on annual aviation fuel
consumption in order to monitor and report the potential impact of economic measures linked to the operational aspects
of the international aviation services and related infrastructure;

Whereas the Council has adopted a policy of management by objective which requires collection of pertinent data,
statistics and analysis to measure the performance of the Organization as a whole and of its constituent parts in
meeting the Strategic Objectives of the Organization;

Whereas cooperation among international organizations active in the area of collection and distribution of aviation data
and statistics may enable expansion of scope, coverage and quality of data, avoidance of duplication of efforts and
reduction in the burden on States;

Whereas ICAO’s role in processing and disseminating aviation data and statistics allows States to use it as a significant
tool for the safe and orderly growth of international civil aviation services that are operated soundly and economically;

Recognizing that aviation data analytics is under transformation with velocity and increasing quantity of data, as well
as data innovations enabling advanced analysis of such data;

Recognizing the on-going collaboration on big data analytics with Member States in the provision of continuously
updated operational and economic impact analysis through business intelligence tools; and

Recognizing the significant operational and financial challenges posed by the COVID-19 pandemic and the need for
timely, accurate and complete data to guide States’ policy- and decision-making during the recovery, and in building
resilience;

The Assembly:

1. Urges Member States to nominate focal points for aviation data and statistics, and to make every effort to
provide it to ICAO on time and electronically whenever possible;

2. Encourages Member States to use the continuously updated big data dashboards for their data-driven
decision-making, COVID-19 recovery strategies, planning and implementation needs;

3. Requests the Council, calling on national experts in the relevant disciplines as required, to examine on a regular
basis the data and statistics, including big data, collected by ICAO in order to meet more effectively the needs of the
Organization and its Member States, to establish the necessary metrics to monitor the performance of the Organization
in meeting its Strategic Objectives, and to improve the uniformity of the data and statistics and the content of analyses;
and

4. Requests the Council to:

a) continue to explore ways of closer cooperation with the United Nations (UN), its agencies and other
international organizations in the collection and distribution of aviation data, statistics and analysis,
including big data as required;
III-14 Assembly Resolutions in Force

b) make arrangements, on an appropriate basis, for assistance to be given upon request to Member States
by ICAO for the improvement of aviation data, statistics and analysis and statistical reporting to the
Organization;

c) continue to collect, process and analyse aviation data, including big data, while ensuring the harmonization
of aviation data and statistics from different sources in order to facilitate the provision of accurate,
reliable and consistent data required for informed decision-making by States; and

d) disseminate to and share with Member States aviation data that are of common interest in the air transport
field in accordance with the principles and provisions as contained in the Convention and relevant
decisions of the Organization.

APPENDIX E

Forecasting, planning and economic analyses

Section I. Forecasting and planning

Whereas Member States require global and regional forecasts of future civil aviation developments for various planning
and implementation purposes;

Whereas the Council, in carrying out its continuing functions in the air transport economic field, must foresee future
developments likely to require action by the Organization and must initiate such action in good time;

Whereas the Organization requires specific forecasts for airports and air navigation systems planning and
environmental monitoring purposes; and

Recognizing the need for more frequent updates of forecasts to facilitate the recovery from the COVID-19 pandemic, and
future planning and implementation needs of States.

The Assembly:

1. Requests the Council to develop and update forecasts of future trends and developments in civil aviation, and
to make these available to Member States;

2. Requests the Council to continue to update one single set of long-term traffic forecast, from which customized
or more detailed forecasts can be produced for various purposes, such as air navigation systems planning and
environmental analysis; and

3. Requests the Council to keep improving the accuracy of forecasts and conduct more frequent updates of the
forecasts through the refinement of forecasting methodologies and use of big data;

Section II. Economic analysis

Whereas there is a continuing interest among Member States, international organizations, financial institutions, as well
as aviation, tourism, and trade industries, in the economic analysis of air transport, including aviation’s contribution to
global, regional and national economies;

Recognizing the need for measuring the economic contribution of aviation to national economies using the methodological
framework developed in line with the internationally agreed standard of the System of National Accounts, 2008;
III. Air Transport III-15

Whereas the economic studies conducted by ICAO on international air transport costs and revenues have promoted
neutrality and have resulted in a more equitable system of revenue sharing of airlines;

Whereas ICAO requires economic analyses to assist the Council in the assessment of the effectiveness of
measures proposed for the implementation of the Strategic Objectives of the Organization, and for environmental
planning, investment studies and other purposes; and

Whereas there is a growing need among Member States to measure their ability to create and maintain value from the
civil aviation sector, requiring the development of methodologies to define a global aviation competitiveness index;

The Assembly:

1. Requests the Council to continue its work to finalize the Aviation Satellite Account (ASA) methodological
framework document developed in line with the System of National Accounts, 2008;

2. Requests the Council to issue periodically a study on regional differences in the level of international air transport
operating costs, analysing how differences in operations and input prices may affect their levels and the impact that
changes in costs may have on air transport tariffs;

3. Requests the Council to develop methodologies and procedures for the measurement of indirect and induced
impacts of aviation activity on national economy, and guidance on preparing a business case, cost-benefit analysis,
economic impact analysis and cost-effectiveness analysis to meet the needs of the Organization, the regional air
navigation planning groups, and other activities of the Organization;

4. Requests the Council to monitor developments, conduct studies on major issues of global importance, and
share its analyses with States, international organizations and the industry; and

5. Requests the Council to develop a standard methodology for establishing a global aviation competitiveness
index for States to maximize market output, economic efficiencies and productivity.

Section III. Air mail

Whereas air mail is an integral component of international air transport, which is increasingly affected by e-commerce;

The Assembly:

1. Urges Member States to take into account the effects on international civil aviation whenever policy is being
formulated in the field of international air mail, and particularly at meetings of the Universal Postal Union (UPU);

2. Directs the Secretary General to furnish to the UPU, on request and as stipulated in relevant cooperation
arrangements between UPU and ICAO, information of a factual character which may be readily available; and

3. Requests the Council to monitor and analyse international logistics constraints for e-commerce in collaboration
with UPU.
III-16 Assembly Resolutions in Force

A41-17: Consolidated statement of continuing ICAO policies

related to facilitation

Whereas Annex 9 — Facilitation, was developed as a means of articulating the obligations of Member States under
Articles 22, 23 and 24 of the Convention and standardizing procedures for meeting the legal requirements referred to in
Articles 10, 13, 14, 29 and 35;

Whereas implementation of the Standards and Recommended Practices in Annex 9 is essential to facilitate the clearance
of aircraft, passengers/crew and their baggage, cargo and mail, as well as manage challenges in border controls and
airport processes so as to maintain the efficiency of air transport operations;

Recognizing that the restrictions and public health measures brought by the COVID-19 pandemic have had a serious
impact on the aviation industry and that this impact must be taken into account by ICAO and Member States when making
decisions on air transport facilitation;

Reaffirming the commitments made in the Ministerial Declaration of the High-level Conference on COVID-19 (HLCC 2021)
among others, the need to ensure a safe, secure, and orderly flow of traffic with operational readiness of aviation, and to
ensure the long-term resilience of international aviation and incorporate the lessons learned from the current and past
pandemics;

Recalling the conclusions and recommendations of the Facilitation stream of the High-level Conference on COVID-19
(HLCC 2021) of October 2021;

Whereas it is essential that Member States continue to pursue the objective of maximizing efficiency and security in
such clearance operations; and

Whereas United Nations Security Council resolutions stress the continuing importance of ICAO’s work on border control
management and security of travel documents in the fight against terrorism.

The Assembly:

1. Resolves that the Appendices attached to this resolution and listed below constitute the consolidated statement
of continuing ICAO policies related to facilitation, as these policies exist at the close of the 41st Session of the Assembly:

Appendix A — Development and implementation of facilitation provisions

Appendix B — National and international action in ensuring the security and integrity of
traveller identification and border controls
Appendix C — National and international action and cooperation on facilitation matters
Appendix D — Passenger Data Exchange Systems

2. Requests the Council to keep the consolidated statement related to facilitation under review and advise the
Assembly as appropriate when changes are needed to the statement; and

3. Declares that this resolution supersedes Resolution A40-16: Consolidated statement of continuing policies
related to facilitation.
III. Air Transport III-17

APPENDIX A

Development and implementation of facilitation provisions

Whereas the Convention on the Rights of Persons with Disabilities and its Optional Protocol, that had been adopted in
December 2006 by the United Nations General Assembly, entered into force on 3 May 2008;

Whereas the development of specifications for machine readable travel documents by the Organization has proved
effective in the development of systems that expedite the movement of international passengers and crew members
through clearance control at airports, while enhancing immigration and other border control authorities compliance
programmes;

Whereas the development of a set of standard signs to facilitate the efficient use of airport terminals by travellers and
other users has proved effective and beneficial;

Whereas making air travel accessible for all passengers is a key contributor to the achievement of the UN Sustainable
Development Goals (SDGs);

Whereas Machine Readable Travel Documents (MRTDs) strengthen the border control management process and
enhance security by improving the integrity of documents which verify the identity of travellers and air crew;

Whereas such MRTDs also enable high-level cooperation among States to strengthen resistance to passport fraud,
including the forgery or counterfeiting of passports, the use of valid passports by impostors, the use of expired or revoked
passports, and the use of fraudulently obtained passports;

Whereas the use of MRTDs and other passenger information tools can also be employed for security purposes, by
strengthening border control management processes and improving the integrity of documents, adding an important layer
to the international civil aviation system, in order to detect terrorists and prevent acts of unlawful interference well before
the aircraft boarding process;

Whereas the 38th Session of the ICAO Assembly in 2013 resolved that Members States should be encouraged to use
the electronic filing of differences (EFOD) system that was developed to address the need for a more efficient means of
reporting and researching differences to Standards and Recommended Practices and for replacing the existing paper-
based mechanism;

Mindful of the Annex 9 — Facilitation components that support both border management and border security objectives
which are audited under the ICAO Universal Security Audit Programme (USAP);

Recognizing the importance of Facilitation and the need for adequate human and financial resources to support the
Facilitation programme’s activities and to assist Member States in implementing the Standards and Recommended
Practices in Annex 9 — Facilitation;

Recalling the Communique of the High-Level Conference on Aviation Security held in Montréal on 29 and
30 November 2018, and the conference’s conclusions and recommendations related to border control management.

The Assembly:

1. Urges Member States to give special attention to increasing their efforts to implement Annex 9 Standards and
Recommended Practices;
III-18 Assembly Resolutions in Force

2. Requests Member States to implement, to the extent practicable, globally and regionally-harmonized,
collaborative, and mutually accepted measures that take into consideration different national circumstances and policies,
without creating undue economic burdens or compromising the safety and facilitation of civil aviation, to facilitate the
recovery and sustainable development of international passenger travel;

3. Urges Member States to give due regard to Doc 9984, Manual on Access to Air Transport by Persons with
Disabilities, in their implementation of the relevant provisions of Annex 9;

4. Requests the Secretary General to develop a work programme on accessibility for passengers with disability in
order to reach for a disability-inclusive air transport system;

5. Requests the Council to ensure that Annex 9 — Facilitation, is current and addresses the contemporary
requirements of Member States, as well as their appropriate obligations towards the United Nations Security Council
resolutions with respect to border control management and security of travel documents, their obligations towards the
World Health Organization (WHO) International Health Regulations (2005), the handling of and responses to public health
emergencies in addition to Member States’ requirements relating to the administration of cargo and passengers; and
advances in technologies related to such administration;

6. Requests the Secretary General to ensure that relevant guidance material is current and responsive to the
requirements of Member States;

7. Requests the Council to ensure that the provisions of Annex 9 — Facilitation relating to border control
management, and Annex 17 — Aviation Security, are compatible with and complementary to each other;

8. Urges Member States to give due regard to existing guidance material and best practices on wayfinding and
signage, including Doc 9636, International Signs to Provide Guidance to Persons at Airports and Marine Terminals, to
the extent it remains applicable;

9. Urges Member States to ensure that all relevant agencies and departments that have a role in the
implementation of Annex 9 — Facilitation, including but not limited to, civil aviation administrations, immigration, customs,
health, quarantine, travel document-issuing authorities, air traffic control, law enforcement, postal authorities, border
police, and foreign affairs, collaborate and coordinate their efforts through the national air transport facilitation committee
or similar arrangements, in order that the Annex 9 Compliance Checklist is comprehensively completed in the electronic
filing of differences (EFOD) system;

10. Urges the Council to ensure that the Facilitation Programmes is treated as a matter of highest priority and
appropriate resources are made available by ICAO and its Member States;

11. Urges all Member States to continue to financially support the Organization’s facilitation activities with voluntary
contributions in the form of human and financial resources beyond those budgeted for under the regular programme;
and

12. Recognizing the leadership role of ICAO in the area of facilitation activities, requests the Council and the
Secretary General to ensure the long-term sustainability of the Organization’s facilitation programmes, by taking
measures to incorporate the funding requirements within the Regular Programme Budget and ensure adequate human
resources are available, as soon as possible and to the extent practicable.
III. Air Transport III-19

APPENDIX B

National and international action in ensuring the

integrity of traveller identification and border controls and enhancing security

Whereas Member States recognize the relevance of traveller identification and border control management to the ICAO
Strategic Objective of security and facilitation;

Whereas Member States recognize that the ability to uniquely identify individuals requires a holistic and coordinated
approach, which links the following five interdependent elements of traveller identification and border control management
into a coherent framework:

a) foundational documents, tools and processes required to ensure evidence of identity;

b) the design and manufacture of standardized Machine Readable Travel Documents (MRTDs), especially
ePassports, that comply with ICAO specifications defined in Doc 9303, Machine Readable Travel
Documents;

c) processes and protocols for document issuance by appropriate authorities to authorized holders, and controls
to combat theft, tampering and loss;

d) inspection systems and tools for the efficient and secure reading and verification of MRTDs at borders,
including use of the ICAO Public Key Directory (PKD); and

e) interoperable applications that provide for timely, secure and reliable linkage of MRTDs and their holders to
available and relevant data in the course of inspection operations;

Whereas Member States require capacity to uniquely identify individuals and require tools and mechanisms available to
establish and confirm the identity of travellers;

Whereas the ICAO Traveller Identification Programme (ICAO TRIP) strategy provides the global framework for achieving
the maximum benefits of travel documents and border controls by bringing together the elements of the traveller
identification management;

Whereas Member States of the United Nations have resolved, under Resolution 70/1 adopted on 25 September 2015 to
adopt a 2030 Agenda for Sustainable Development that includes a set of 17 Sustainable Development Goals (SDGs)
supported by 169 targets, the target 16.9 being to provide legal identity for all, including birth registration by 2030;

Whereas the United Nations Security Council, in Resolutions 1373 (2001), 2178 (2014) 2396 (2017), and 2482 (2019)
decided that all Member States shall prevent the movement of terrorists or terrorist groups by effective border controls
and controls on issuance of identity papers and travel documents, and through measures for preventing counterfeiting,
forgery or fraudulent use of identity papers and travel documents;

Whereas the veracity and validity of machine readable travel documents (MRTDs) depends on the readability and
protection of these documents, physical securities contributing to them, and electronic securities guaranteeing them;

Whereas the limitation of the number of possible civil status for a person depends on the documentation used to establish
identity, confirm citizenship or nationality and assess entitlement of the passport applicant (i.e. breeder documentation);

Whereas the passport is the main official travel document that denotes a person’s identity and citizenship and is intended
to inform the State of transit or destination that the bearer can return to the State which issued the passport;
III-20 Assembly Resolutions in Force

Whereas international confidence in the integrity of the passport is essential to the functioning of the international travel
system;

Whereas the use of stolen blank passports, by those attempting to enter a country under a false identity, is increasing
worldwide;

Whereas reporting promptly accurate information about stolen, lost or revoked travel documents issued by each Member
State to the International Criminal Police Organization (INTERPOL) Stolen and Lost Travel Documents (SLTD) database
is mandatory as per an Annex 9 — Facilitation Standard;

Whereas the security of traveller identification and border controls depends on a robust identification management system
and the integrity of the travel document issuance process;

Whereas high-level cooperation among Member States is required in order to strengthen resistance to passport fraud,
including forgery or counterfeiting of passports, use of valid passports by impostors, use of expired or revoked passports,
and the use of fraudulently obtained passports;

Whereas Member States of the United Nations have resolved, under the Global Counter-Terrorism Strategy adopted on
8 September 2006, to step up efforts and cooperation at every level, as appropriate, to improve the security of
manufacturing and issuing identity and travel documents and to prevent and detect their alteration or fraudulent use;

Whereas enhanced and intensified cooperation among Member States is required in order to combat and prevent
identification and travel document fraud;

Whereas Convention Travel Documents (CTDs) are travel documents that States Parties to the 1951 Convention Relating
to the Status of Refugees (“the 1951 Convention”) and the 1954 Convention Relating to the Status of Stateless Persons
(“the 1954 Convention”) shall issue to refugees or stateless persons lawfully staying on their territory (see respective
Article 28 of both Conventions), and as such are travel documents foreseen in two international treaties for persons
benefitting from an internationally recognized status;

Whereas ICAO has set up the Public Key Directory (PKD) to assist in the authentication of electronic Machine Readable
Travel Documents (eMRTDs) including ePassports, thereby strengthening their security and the integrity of border
controls;

Whereas Member States request from ICAO programmes, technical assistance and capacity-building support in
strengthening their traveller identification and border control management; and

Whereas cooperation on human trafficking matters among Member States and with the various national, regional,
international parties and other stakeholders interested in this area, has brought benefits to procedures to combat
trafficking in persons.

The Assembly:

1. Urges Member States, through their travel document and border control management, to uniquely identify
individuals to maximize facilitation and aviation security benefits, including preventing acts of unlawful interference and
other threats to civil aviation;

2. Urges Member States to implement rigorous processes and tools to safeguard the integrity and security of
breeder documentation by notably applying evidence of identity principles, such as ensuring that identity exists and is
living, the applicant links to identity and is unique to the system through the provision of confidence of the applicant’s
“social footprint” and check against agency records or by associating the record with one or more biometrics;
III. Air Transport III-21

3. Urges Member States to intensify their efforts in developing and implementing a robust identification
management system and safeguard the security and integrity of the travel document issuance process;

4. Urges Member States to intensify their efforts in establishing and implementing a solid verification system of
the integrity of electronic Machine Readable Travel Documents (eMRTDs), in particular by authenticating their electronic
signatures and verifying their validity;

5. Requests the Council to direct the Secretary General to maintain and update the ICAO TRIP Strategy
Implementation Roadmap to assist Member States to uniquely identify individuals, and to enhance the security and
integrity of their travel documents and border controls;

6. Requests Member States to intensify their efforts to safeguard the security and integrity of traveller
identification and border controls, and to assist one another in these matters;

7. Urges those Member States that have not already done so, to issue machine readable passports in accordance
with the specifications of Doc 9303;

8. Reminds Member States to ensure that non-machine readable passports are withdrawn from circulation;

9. Urges those Member States that have decided to issue eMRTDs to do so in accordance with the specifications
of Doc 9303;

10. Urges Member States to ensure that when issuing travel documents for refugees and stateless persons
(Convention Travel Documents (CTDs)), these CTDs are machine readable, in accordance with the specifications of Doc
9303;

11. Reminds Member States to establish controls to safeguard against the theft of blank travel documents and the
misappropriation of newly issued travel documents;

12. Urges those Member States requiring assistance in building effective and efficient traveller identification and
border control systems to contact ICAO without delay;

13. Requests the Council to ensure that specifications and guidance material contained in Doc 9303, Machine
Readable Travel Documents, remain up to date in light of technological advances;

14. Urges Member States to reinforce their border control management processes as also required by the relevant
United Nations Security Council resolutions, by implementing the related Annex 9 — Facilitation Standards.

15. Calls upon Member States to implement technological solutions aimed at enhancing security and facilitation of
border controls while improving clearance procedures, such as the joint use of Automated Border Control (ABC) gates
and the ICAO PKD when authenticating eMRTDs;

16. Requests the Secretary General to continue to explore technological solutions aimed at enhancing security
and facilitation of border controls while improving clearance procedures;

17. Requests the Council to continue the work on further strengthening the integrity of traveller identification and
border controls management and enhancing security, and developing guidance material to assist Member States to
further those objectives;

18. Urges the Council to explore ways of intensifying assistance and capacity-building support to Member States
in the traveller identification and border control areas, including a proactive leadership role for ICAO in facilitating and
coordinating such assistance in the international community;
III-22 Assembly Resolutions in Force

19. Urges all Member States to join the ICAO PKD, upload relevant information from their own State to the PKD,
and to use the information available from all States in the ICAO PKD to authenticate eMRTDs at border controls;

20. Urges those Member States that are not already doing so to promptly report accurate information about stolen,
lost, and revoked travel documents issued by their State, to INTERPOL for inclusion in their Stolen and Lost Travel
Document (SLTD) database;

21. Calls upon those Member States that are not already doing so to query, at entry and departure border control
points, the travel documents of individuals travelling internationally against the INTERPOL Stolen and Lost Travel
Documents (SLTD) database;

22. Urges Member States to establish efficient and effective mechanisms in order to implement submissions to,
and queries of, the SLTD database.

23. Urges Member States to establish among all involved stakeholders an efficient information-sharing and
collaboration system in the prevention of human trafficking; and

24. Requests the Secretary General to continue to develop relevant guidance material on combatting trafficking in
persons in order to support Member States in their implementation of the provisions of Annex 9 — Facilitation related to
trafficking in persons.

APPENDIX C

National and international action and cooperation on facilitation matters

Whereas there is a need for continuing action by Member States to improve the effectiveness and efficiency of clearance
control formalities;

Whereas the establishment and active operation of national air transport facilitation programmes and facilitation
committees is a proven means of effecting needed improvements;

Whereas cooperation on facilitation matters among Member States and with the various national, regional, and
international parties, and industry interested in facilitation matters has brought benefits to all concerned;

Whereas such cooperation has become vital in the light of the proliferation of non-uniform passenger data exchange
systems that adversely affect the viability of the air transport industry, and the increasing requests by border control
authorities for exchange of passenger data;

Whereas the threat of worldwide transmission of communicable diseases by means of air transport has increased in past
years;

Whereas Annex 9 provides a framework for the facilitation of assistance to aircraft accident victims and their families,
notably, Standard 8.47 obliging Member States to establish legislation, regulations and/or policies in support of assistance
to aircraft accident victims and their families, and the Recommended Practice for aircraft and airport operators to develop
appropriate plans to provide timely and effective assistance to aircraft accident victims and their families; and

Whereas cooperation on wildlife trafficking matters among Member States and with the various national, regional, and
international parties, and other stakeholders interested in this area has brought benefits to procedures to combat wildlife
trafficking.
III. Air Transport III-23

The Assembly:

1. Urges Member States to establish and utilize national air transport facilitation programmes and facilitation
committees and adopt policies of cooperation on a regional basis among neighbouring States;

2. Urges Member States to participate in regional and subregional air transport facilitation programmes of other
intergovernmental aviation organizations;

3. Urges Member States to take all necessary steps, to ensure the development of a National Air Transport
Facilitation Programme, and the establishment of facilitation committees or other appropriate means, for:

a) ensuring timely and effective implementation of Annex 9 — Facilitation Standards and Recommended
Practices;

b) regularly calling the attention of all interested departments of their governments to the need for:

1) making the national regulations and practices conform to the provisions and intent of
Annex 9;

2) working out satisfactory solutions for day-to-day problems in the facilitation field;

3) promoting a Facilitation culture;

4) coordination among all relevant agencies, departments of the State, including public health
authorities and relevant stakeholders through the implementation of National Air Transport
Facilitation Committees (NATFCs).

c) taking the initiative in any follow-up action required; and

d) ensuring that the appropriate coordination is in place for the effective implementation of the ICAO TRIP
Strategy.

4. Urges Member States to encourage the study of facilitation problems by their national and other facilitation
programmes and committees and to coordinate the findings of their committees on facilitation problems with those of
other Member States with which they have air links;

5. Urges neighbouring and bordering Member States to consult one another about common problems that they
may have in the facilitation field, whenever it appears that these consultations may lead to a uniform solution of such
problems;

6. Urges Member States, aircraft operators and airport operators to continue to cooperate intensively as regards:

a) identification and solution of facilitation problems; and

b) developing cooperative arrangements for the prevention of illicit narcotics trafficking, illegal immigration, the
spread of communicable diseases and other threats to national interests;

7. Urges Member States to call upon aircraft and airport operators and their associations to participate in
electronic data interchange systems in order to achieve maximum efficiency levels in the processing of cargo traffic at
international terminals;
III-24 Assembly Resolutions in Force

8. Urges Member States to implement the provisions of Annex 9 to facilitate assistance to aircraft accident victims
and their families, including ensuring that aircraft and airport operators develop appropriate plans to provide timely
assistance to aircraft accident victims and their families, recognizing that airport operators’ plans may form part of the
aerodrome emergency plans required under Annex 14;

9. Urges Member States and aircraft and airport operators, in cooperation with interested international
organizations, to make all possible efforts to speed up the handling and clearance of air cargo, while ensuring the security
of the international supply chain;

10. Requests Member States to consider identifying and designating an appropriate authority or a relevant
coordination mechanism for facilitation, and ensure that sustainable funding mechanisms and corresponding human
resources are available to support the implementation of facilitation provisions of Annex 9 and related activities;

11. Requests Member States to ratify and implement the Montréal Protocol 2014 and consider the recommendations
in the ICAO Manual on the Legal Aspects of Unruly and Disruptive Passengers (Doc 10117);

12. Requests Member States to ensure provision of assistance to persons with disabilities travelling by air and
especially take steps to mitigate the barriers that limit the ability of the elderly and persons with disabilities in times of
abnormal processes, such as during public health-related emergencies;

13. Urges Member States to ensure that airport facilities are adapted to the needs of persons with disabilities, that
lifting systems and appropriate devices are made fully available, that designated points for the pick-up and drop-off of
persons with disabilities are made available as close as possible to main entrances and/or exits of the terminal building
and that adequate accessible parking facilities are provided for people with mobility needs, including during a public health
emergency;

14. Urges Member States to ensure that airport services are made available that meet the needs of passengers with
disabilities, including services for provision of flight service-related information to hearing and visually impaired persons;

15. Urges Member States to undertake dialogue and cooperation among national, regional and international border
control and security-related bodies regarding their obligations towards Annex 9 − Facilitation and relevant United Nations
Security Council resolutions;

16. Requests the Secretary General to ensure ICAO continues its work on border control management and security
of travel documents in the fight against terrorism, and to strengthen its cooperation and collaboration with relevant
United Nations (UN) agencies, such as UN Office of Counter-Terrorism (UNOCT) and UN Office on Drugs and Crime
(UNODC); and

17. Urges Member States to establish among all involved stakeholders an efficient information-sharing and
collaboration system in the prevention of wildlife trafficking.

APPENDIX D

Passenger Data Exchange Systems

Whereas there is a need for continuing action by Member States to improve the effectiveness and efficiency of
clearance control formalities;

Whereas UN Security Council, in Resolution 2396 (2017), in welcoming ICAO’s decision to establish a Standard under
Annex 9 — Facilitation, regarding the use of Advance Passenger Information (API) systems by its Member States, and
recognizing that many ICAO Member States have yet to implement this Standard, has decided, in paragraph 11, that in
III. Air Transport III-25

furtherance of paragraph 9 of resolution 2178 (2014) and the ICAO Standard, its Member States are, inter alia, to establish
API systems and shall require airlines operating in their territories to provide API to the appropriate national authorities;

Whereas UN Security Council, also in resolution 2396, at paragraph 12, has decided that Member States shall develop
the capability to collect, process and analyse, in furtherance of ICAO Standards and Recommended Practices, Passenger
Name Record (PNR) data and to ensure PNR data is used by and shared with all their competent national authorities,
with full respect for human rights and fundamental freedoms for the purpose of preventing, detecting and investigating
terrorist offences and related travel, further calls upon Member States, the UN, and other international, regional, and
subregional entities to provide technical assistance, resources and capacity building to Member States in order to
implement such capabilities, and, where appropriate, encourages Member States to share PNR data with relevant or
concerned Member States to detect foreign terrorist fighters returning to their countries of origin or nationality, or travelling
or relocating to a third country, with particular regard for all individuals designated by the Committee established pursuant
to resolutions 1267 (1999), 1989 (2011), and 2253 (2015);

Whereas the UN Security Council, in resolution 2482 (2019), has called upon Member States to implement obligations to
collect and analyse API and develop the ability to collect, process and analyse, in furtherance of ICAO Standards and
Recommended Practices, PNR data and to ensure PNR data is used by and shared with competent national authorities,
with full respect for human rights and fundamental freedoms, which will help security officials make connections between
individuals associated with organized crime, whether domestic or transnational, and terrorists, to stop terrorist travel and
prosecute terrorism and organized crime, whether domestic or transnational, including by making use of capacitybuilding
programmes; and

Whereas the use of both API and PNR data as mentioned in the ICAO TRIP Strategy can also be employed for security
purposes, adding an important layer to the international civil aviation system, in order to detect terrorists and prevent
acts of unlawful interference well before the aircraft boarding process;

The Assembly:

1. Urges Member States to call upon aircraft operators offering international air transport services to participate
in electronic data interchange systems by providing advance passenger information in order to achieve maximum
efficiency levels in the processing of passenger traffic at international airports;

2. Urges Member States, in the use of electronic passenger data exchange systems, to ensure that the passenger
data requirements conform to international Standards adopted by relevant international organizations and United Nations
agencies for this purpose, and to ensure the security, fair processing and safeguarding of such data with full respect for
human rights;

3. Requests Member States to implement the Passenger Data Single Window facility that allows parties involved
in passenger transport by air to lodge standardized passenger information (i.e. API, interactive API (iAPI) systems and/or
PNR) through a single data entry point to fulfil all regulatory requirements relating to the entry and/or exit of passengers
that may be imposed by various agencies of the State;

4. Urges Member States to assist and share best practices, as appropriate, with other Member States in the
establishment of passenger data exchange systems;

5. Requests Member States to consider the deployment of interactive API systems and to provide integrated pre-
travel verification responses to aircraft operators related to immigration, security and public health requirements;

6. Calls upon Member States to support ICAO’s work on the development of appropriate guidance material and
implementation of Annex 9 PNR provisions; and
7. Urges Member States that have not already done so, to develop the capability to collect, process and analyse
III-26 Assembly Resolutions in Force

PNR data and to ensure that PNR data is used by and shared with their competent national authorities, with full respect
for human rights and fundamental freedoms for the purpose of preventing, detecting and investigating terrorist offences
and related travel.

A41-15: Accessibility in International Civil Aviation

Whereas persons with disabilities and reduced mobility form a large and growing proportion of the world’s population;

Whereas the United Nations (UN) Convention on the Rights of Persons with Disabilities and its Optional Protocol promotes,
protects and ensures the full and equal enjoyment of all human rights and fundamental freedoms by all persons with
disabilities, including freedom of movement and freedom of choice;

Recalling the UN Disability Inclusion Strategy, which provides the foundation for sustainable and transformative progress
on disability inclusion through all pillars of work of the United Nations;

Recalling that the UN Resolution A/RES/76/154 adopted by the General Assembly in 2021 recognized the importance of
accessibility for persons with disabilities in all aspects of life and the need to identify and eliminate prejudice, discrimination,
obstacles and barriers that limit the access of persons with disabilities to the physical environment, to transportation, to
information and communications;

Noting with concern that, despite these instruments and undertakings, persons with disabilities and reduced mobility
continue to face barriers in their participation as equal members of society, including barriers to their free movement;

Acknowledging that the aviation community needs to accommodate the demand of growing number of persons with visible
and invisible disabilities, as well as persons with reduced mobility and aging populations;

Recognizing the importance of government and industry working together to support the travel needs of persons with
disabilities and reduced mobility while prioritizing safety in all circumstances;

Affirming that diversity and social inclusion are concepts that are essential to the sustainable growth of international civil
aviation;

Recognizing the essential nature of air transport services and the need to provide equal access to such services for all
passengers;

Also acknowledging that digitization and innovation are creating new opportunities as well as new challenges for persons
with disabilities, with reduced mobility and aging populations;

Reemphasizing the relevant Standards and Recommended Practices contained in Annex 9 — Facilitation as well as the
procedures and principles contained in Doc 9984 – Manual on Access to Air Transport by Persons with Disabilities;

The Assembly:

1. Resolves that dignity and non-discrimination are universal rights that apply to all persons, including persons
with disabilities and persons with reduced mobility travelling by air;
III. Air Transport III-27

2. Requests the Council to:

a) ensure that ICAO exercise continuous leadership on sustainability, including the social sustainability
imperatives of inclusion and accessibility;

b) develop an effective strategy and work programme on accessibility for passengers with disabilities and
reduced mobility in order to reach for a disability-inclusive air transport system in cooperation with all the
stakeholders;

c) ensure that Annex 9 — Facilitation SARPs recognize the essential nature of accessible services for
persons with disabilities and reduced mobility;

3. Urges Member States to prioritize the inclusion and accessibility of air transport services to persons with
disabilities and reduced mobility;

4. Encourages all Member States to strive for uniformity in their air transport accessibility regulations, standards
and procedures, to the greatest extent practicable, and to work closely with disability groups and other relevant
stakeholders;

5. Encourages Member States to ensure that the transport sector coordinates its approach with the industry and
civil society in order to deliver accessible end-to-end services to persons with disabilities and reduced mobility, and to
work closely with disability groups and other relevant stakeholders; and

6. Encourages Member States to support ICAO activities with resources, both financial and in-kind, to ensure a
successful implementation of agreed measures to support air transport of persons with disabilities and reduced mobility.

A41-16: Development and implementation of facilitation

provisions — combatting human trafficking

Whereas the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children,
supplementing the United Nations Convention against Transnational Organized Crime, adopted in November 2000 by the
United Nations General Assembly and entered into force on 28 January 2004, provides an international framework and is
ratified by a majority of countries;

Whereas the joint ICAO and United Nations Human Rights Office of the High Commissioner Circular 352 on Guidelines
for Training Cabin Crew on Identifying and Responding to Trafficking in Persons released in May 2018 underscores the
important role of international aviation in combatting human trafficking;

Whereas training customer-facing employees and other aviation personnel to identify and respond to suspected instances
of human trafficking can help stop this crime;

Whereas Recommended Practice 8.49 in Annex 9 — Facilitation encourages Contracting States to take measures to
ensure that procedures are in place to combat trafficking in persons, including clear reporting systems and relevant
competent authorities’ points of contact for airport and aircraft operators;

Whereas Recommended Practice 8.50 in Annex 9 encourages Contracting States to take measures to ensure that airport
and aircraft operators’ personnel in direct contact with the travelling public are provided with awareness training on
trafficking in persons;
III-28 Assembly Resolutions in Force

Whereas conducting awareness campaigns among aviation personnel and the travelling public can help to increase
recognition and reporting of suspected instances of human trafficking; and

Whereas ICAO should foster the development of clear human trafficking guidelines for each State to implement, including
model reporting protocols and a victim-centred and trauma-informed law enforcement response;

Whereas Doc 10171, A Comprehensive Strategy for Combatting Human Trafficking in the Aviation Sector approved by
FALP in July 2021 and by the Air Transport Committee (ATC) in September 2021 enhances national counter-trafficking
policies and procedure frameworks and equips States, Civil Aviation Authorities and organizations, aircraft operators and
airports with guidance and recommendations to inform on their development of comprehensive counter‐trafficking
strategies in line with ICAO Assembly Resolution A41‐17, Consolidated statement of continuing ICAO policies related to
facilitation;

Whereas adopting a Comprehensive Strategy inclusive of laws, leadership, policies, reporting protocols and response
mechanisms, partnerships, training, public awareness, data collection, information-sharing including trafficking survivor-
informed recommendations and perspectives, and victim and survivor support can help civil aviation authorities and
organizations, aircraft operators and airports stop this crime;

The Assembly:

1. Urges Member States to give attention to adopting and promptly implementing Amendment 29 to Annex 9’s
Recommended Practices 8.49 and 8.50;

2. Calls on Member States to give due regard to Circular 352, Guidelines for Training Cabin Crew on Identifying
and Responding to Trafficking in Persons, in their implementation of the relevant provisions of Annex 9;

3. Requests that the Council ensure that relevant guidance material related to the issue of combatting human
trafficking is current and responsive to the needs of Member States; and

4. Calls on Member States to give due regard to Doc 10171, A Comprehensive Strategy for Combatting Human
Trafficking in the Aviation Sector, in their implementation of the relevant provisions of Annex 9.

A35-15: Consolidated statement of continuing ICAO policies

and practices related to a global air traffic
management (ATM) system and communications,
navigation and surveillance/air traffic management
(CNS/ATM) systems

A29-3: Global Rule Harmonization

A29-13: Improvement of Safety Oversight

A29-14: Humanitarian Flights

III. Air Transport III-29

A27-11: Airport and airspace congestion

A27-12: Role of ICAO in the Suppression of Illicit Transport of

Narcotic Drugs by Air

______________________
PART IV. JOINT FINANCING

A1-65: Joint Support Policy

Resolved:

1. That financial and technical aid through ICAO for furthering the provision of air navigation facilities and services
adequate for the safe, regular, efficient and economical operation of international air services will be rendered, under the
terms of Chapter XV of the Convention, in accordance with the basic principles and general policy laid down in Annex 1
to this Resolution:

Annex 1 to Resolution A1-65

Establishment of the General Policy of ICAO relating to the Joint Support

of Air Navigation Services under Chapter XV of the Convention

1. Objective of financial and technical aid

Financial and technical aid through ICAO under the terms of Chapter XV of the Convention on International Civil Aviation
will have the aim of furthering the provision of air navigation facilities and services adequate for the safe, regular, efficient
and economical operation of international air services in areas of undetermined sovereignty, on the high seas, and in the
territories of such States as are not undertaking the provision of the required facilities.

The air navigation facilities and services for which provision may be made will include, inter alia:

1) Aerodromes and Ground Aids to Navigation

2) Air Traffic Control Service

3) Meteorological Service

4) Search and Rescue Service

5) Telecommunications and Radio Aids to Air Navigation

Financial and technical aid through ICAO in no way precludes joint action by Contracting States for the provision, operation
and maintenance of air navigation facilities without recourse to ICAO.

2. Terminology

For the purposes of this document:

“Applicant” State is a State which has requested financial or technical aid either on its own initiative or as a result of Council
action under Article 69 of the Convention;

IV-1
IV-2 Assembly Resolutions in Force

“Supported” State is a State in receipt of financial or technical aid through ICAO;

“Interested” State is a State which, in response to a query by ICAO, has stated that it is prepared to consider participation
in a scheme of joint support of an air navigation facility or service;

“Contributing” State is a State which has consented to contribute to a scheme of joint support.

3. Basic principles

Financial and technical aid will be rendered in accordance with the following basic principles:

3.1 The provision of financial and technical aid through ICAO will always be based on voluntary actions on the part
of Contracting States.

3.2 The International Civil Aviation Organization, through its Council, is the responsible international body to evaluate
the adequacy of existing air navigation facilities and services, to ascertain the additional requirements for the operation of
international air services, and to initiate expeditious action towards meeting these requirements.

3.3 Financial and technical aid through ICAO will aim to provide air navigation facilities and services adequate, but
no more than adequate, to meet the requirements of international air services in accordance with the standards established
and taking into account practices recommended from time to time, pursuant to the Convention.

3.4 Pursuant to Article 28 of the Convention, a Contracting State is responsible for establishing within its own territory
air navigation facilities and services. A Contracting State will exhaust all possibilities of arranging directly for the provision
of adequate air navigation facilities and services before applying to ICAO for aid.

3.5 ICAO will, when required, initiate collective action towards the provision of necessary facilities and services on
the high seas, in areas of undetermined sovereignty and, exceptionally, in the territory of Non-contracting States.

3.6 ICAO will satisfy itself in every case that circumstances actually require financial and technical aid through the
Organization.

3.7 The rendering of financial and technical aid through ICAO will depend upon the willingness of the applicant State
to participate and cooperate in the economical provision of required facilities and services.

3.8 ICAO will assure contributing States that their funds will be expended under its supervision to ensure that the
objective will be attained in the most economical manner.

3.9 Any agreement relating to financial and technical aid through ICAO may, in principle, provide for the payment of
a reasonable charge by the user of the facilities or services in question, such charge to be determined in accordance with
the general practice of the Contracting States. If the benefit derived from the facilities or services in question is, in normal
practice, granted to the user free of charge, this practice may provisionally be adopted for projects of financial and technical
aid by agreement between the contributing States for a certain period of time to be determined by the agreement.

3.10 ICAO will exert every effort to assist a supported State to exercise its rights under Article 75 of the Convention.
IV. Joint Financing IV-3

4. General policy

The actions of the Council pursuant to the terms of Chapter XV of the Convention will be guided by the following policy:

4.1. Policy relating to finance

4.1.1 In each case of financial and technical aid the Council will consider appropriate methods for the financing of the
required air navigation facilities or services, but, in general, such financing will be furnished collectively by those States
which will benefit from the provided facilities or services.

4.1.2 The assessment of contributions in cash or kind will be agreed upon between the contributing States, the
supported State and ICAO. In assessing the amount of the contribution of each State, account will be taken of the benefit
to be derived by such State.

4.1.3 Land necessary for the establishment or improvement of a facility or service which is provided by the supported
State, pursuant to Article 72 of the Convention, will be considered as a part of its share of the contribution towards the
provision of the facility or service.

4.1.4 Any arrangement made for the grant of aid may include provision, compatible with Article 75 of the Convention,
for the eventual disposition of land, buildings and equipment covered by the arrangement.

4.1.5 In any arrangement made for the grant of aid, provision will be included for the reimbursement, by contributing
States, of ICAO for extraordinary expenditures incurred in respect of investigations, negotiations, conferences and other
actions incidental to the implementation of the project.

4.1.6 The cost of operation and maintenance of a facility or service provided through ICAO in the territory of a supported
State will, insofar as possible, be borne by that State. Any user charges imposed by the supported State will be levied and
employed in compliance with the terms of the agreement under which the facility or service was provided (see 3.9) or, in
default of this, in compliance with recommendations to be made by the Council.

4.1.7 No custom duties or other levies will be imposed by the supported State on equipment and materials required for
the construction, operation or maintenance of a facility or service provided through ICAO.

4.2. Policy relating to the construction, operation and maintenance of air navigation facilities or services

4.2.1 Construction, operation or maintenance of facilities or services by persons in the direct employ of ICAO will only
be undertaken in a most exceptional case when considerations of efficiency or other material factors dictate such a course
of action.

4.2.2 ICAO will maintain a list of technical consultants selected from nominations submitted to ICAO by Contracting
States to ensure that when the need arises there may be expeditious provision of technical advice and assistance.

4.2.3 A contract for the execution of constructional work or for the operation or maintenance of a facility or service with
funds supplied collectively by contributing States through ICAO will preferably be let in the name of the supported State.
When, in the opinion of the Council, this is not practicable, ICAO may employ agents which will, under ICAO supervision,
make all necessary arrangements, conduct surveys, negotiate contracts, and otherwise provide for the construction,
operation or maintenance of the facility or service in question. Such agents may be governments, appropriate
organizations or individuals acceptable to the governments of the contributing States and supported State. ICAO may, in
exceptional circumstances, let contracts directly.
IV-4 Assembly Resolutions in Force

4.2.4 Contracts will usually be let by competitive tender but the letting authority will retain freedom to choose that
competitor most appropriate to execute the task in view and will not be bound to accept the lowest tender.

4.2.5 When a contract is let in the name of the government of a supported State, the contributing States may require
that ICAO approval be given prior to the letting of the contract.

4.2.6 Subject to considerations of efficiency and economy, personnel, contractors, labour and materials of the
supported State will, as far as possible, be employed or utilized.

4.3. Policy relating to training of personnel

4.3.1 ICAO will, if necessary, assist a requesting State in the training of its nationals in the operation and maintenance
of air navigation facilities and services either by arrangements with an agent or, in an exceptional case, by its own
instructors. Contracts relating to training will be let in accordance with the general policy laid down by 4.2.3 and 4.2.6.

4.3.2 Such aid may include:

4.3.2.1 Training as an integral part of any project involving the construction or the operation and maintenance of facilities
or services supported by aid rendered through ICAO, or

4.3.2.2 The assignment through ICAO of instructors to provide training in the territory of a State requesting such
assistance, or

4.3.2.3 Training outside of the territory of the State requesting such assistance.

4.3.3 Any assistance in training provided under the terms of Chapter XV of the Convention by the government of a
State or by a private organization will be conducted in the name of ICAO and in accordance with standards prescribed by
ICAO.

4.4. Policy relating to questions of procedure

4.4.1 Before consideration by the Council of a request for financial and technical aid through ICAO, such request will
be supported by documentation in justification, reciting in particular such action as has been taken by the applicant State
pursuant to 3.4.

4.4.2 When a request for aid has been submitted by an applicant State and the Council considers that aid through
ICAO may be necessary, or when ICAO is taking the initiative in accordance with Article 69 of the Convention, the Council
will forthwith bring the case to the notice of potentially interested Contracting States and invite their comments, to be
submitted within a specified period. Such comments will refer particularly to the question of whether or not the State is
prepared to participate in a scheme of joint support of the facilities or services in question.

4.4.3 The Council, after investigations including, if necessary, expert examination of all the factors pertinent to the
application for aid, will pursue the consultation with interested States, and, if desirable, will call a conference of those
States with the object of reaching an early decision as to the action to be taken.

4.4.4 ICAO will ensure that all interested States, including the applicant State, will be kept continuously and thoroughly
informed of all matters pertinent to the project and in particular the applicant State will be given an opportunity to associate
itself with and partake in any investigation within its territory to be made in the course of the proceedings.
IV. Joint Financing IV-5

A14-37: Increased participation by “User States” in the Joint

Financing Agreements

Whereas the Joint Support policy of the Organization defined in Chapter XV of the Convention and in Resolution A1-65 of
the Assembly remains in force; and

Whereas, under the said policy, Agreements have been concluded for the joint financing of certain air navigation services
in certain regions of the world; and

Whereas the majority of the so-called “User States”, whose aircraft fly in the said regions and therefore benefit from the
said services, have signed at the outset or acceded later to these Joint Financing Agreements;

The Assembly:

1. Notes with satisfaction past efforts by the Council and its President to secure adherence to the Joint Financing
Agreements by all the “User States”, which efforts have been successful in certain instances;

2. Urges those “User States” which i) are not yet making any contributions under the Joint Financing Agreements
or ii) are making only partial contributions under these Agreements pursuant to previous arrangements concluded with the
Council, to consider as soon as possible acceding to these Agreements or, in any event, contributing in full thereto;

3. Directs the Council to continue its efforts to secure the widest participation possible by the “User States” in the
Joint Financing Agreements.

A16-10: Economic, financial and joint support aspects of

implementation

Whereas the Assembly, in Resolutions A12-5 3, 4 and A15-5 1 and 2, set forth certain policies of the Organization
regarding the economic, financial and joint support aspects of implementation and the related application of Chapter XV
of the Convention;

Whereas the Assembly, in Resolution A15-2, instructed the Council to study and submit to the next session a new text
classifying and consolidating the resolutions in force, including those of the 15th Session; and

Whereas the policies set forth in the aforesaid resolutions need to be consolidated into a single resolution indicating the
continuing policies of the Assembly in this matter, for which purpose the original resolutions or parts of resolutions should
be cancelled;

The Assembly:

1. Urges user and provider Contracting States to give serious consideration, in particular at regional meetings, to
the economic justification of projected air navigation facilities and services, to the end that the justified requirements of
international civil aviation are met without entailing costs disproportionate to the benefits derived, and, to this effect,
requests the Council to assist States as far as feasible in their consideration and evaluation of the economic and financial
aspects of the Regional Plans;
IV-6 Assembly Resolutions in Force

2. Reminds Contracting States that when they are unable with their own means to discharge their obligations in the
implementation of Regional Plans pursuant to the Convention, they should explore the possibility of achieving such
implementation by means of loans for capital expenditures, operating agencies, technical assistance in the different forms
in which it may be available, or other means compatible with the Convention, before applying to ICAO for joint financing
under Chapter XV of the Convention;

3. Invites Contracting States to request information from ICAO, as necessary, when exploring those different
possibilities;

4. Directs the Council to give Contracting States guidance and assistance with respect to Clause 2 above.

_____________________
PART V. LEGAL MATTERS

A41-4 Consolidated statement of continuing ICAO policies in

the legal field

Whereas it is considered desirable to consolidate Assembly resolutions on the Organization’s policies in the legal field in
order to facilitate their implementation and practical application by making their texts more readily available,
understandable and logically organized:

The Assembly:

1. Resolves that the Appendices attached to this resolution constitute the consolidated statement of continuing
ICAO policies in the legal field, up to date as these policies exist at the close of the 41st Session of the Assembly;

2. Resolves to continue to adopt at each ordinary session a consolidated statement of continuing ICAO policies in
the legal field; and

3. Declares that this resolution supersedes Resolution A40-28.

APPENDIX A

General Policy

Whereas international civil aviation can greatly help to create and preserve friendship and understanding among the
nations and peoples of the world, yet its abuse can become a threat to the general security; and

Whereas it is desirable to avoid friction and to promote that cooperation between nations and peoples upon which the
peace of the world depends:

The Assembly:

Reaffirms the important role of law in the avoidance and resolution of conflicts and disputes among the nations and peoples
of the world and, in particular, in the achievement by the Organization of its aims and objectives.

V-1
V-2 Assembly Resolutions in Force

APPENDIX B

Procedure for approval of draft conventions on international air law

The Assembly resolves:

That the following constitutes the procedure for the approval of draft conventions:

1. Any draft convention which the Legal Committee considers as ready for presentation to the States as a final
draft shall be transmitted to the Council, together with a report thereon.

2. The Council may take such action as it deems fit, including the circulation of the draft to the Contracting States
and to such other States and international organizations as it may determine.

3. In circulating the draft convention, the Council may add comments and afford States and international
organizations an opportunity to submit comments to ICAO within a period of not less than four months.

4. Such draft convention shall be considered, with a view to its approval, by a conference which may be convened
in conjunction with a session of the Assembly. The opening date of the conference shall be not less than six months after
the date of transmission of the draft as provided in paragraphs 2 and 3 above. The Council may invite to such a conference
any non-Contracting State whose participation it considers desirable, and shall decide whether such participation carries
the right to vote. The Council may also invite international organizations to be represented at the conference by observers.

APPENDIX C

Ratification of ICAO international instruments

The Assembly:

Recalling its Resolution A40-28, Appendix C relating to the ratification of the Protocols of Amendment to the Chicago
Convention and of the private air law and other instruments, which have been developed and adopted under the auspices
of the Organization;

Noting with concern the continuing slow progress of ratification of the aforementioned Protocols of Amendment, including
in particular those amending Articles 50 (a) and 56 adopted in 2016, and the final paragraphs (relating to the Arabic and
Chinese texts, adopted, respectively, in 1995 and 1998);

Also noting that while a substantial number of States are party to the Protocols introducing Articles 3 bis and 83 bis of the
Chicago Convention, there is still a need to further progress the ratification of those Protocols;

Recognizing the importance of these amendments to international civil aviation, in particular to the viability of the Chicago
Convention, and the consequent urgent need to accelerate the entry into force of these amendments not yet in force;

Recognizing the need to accelerate the ratification and entry into force of air law instruments developed and adopted under
the auspices of the Organization;

Conscious of the fact that only a universal participation in these Protocols of Amendment and other instruments would
secure and enhance the benefits of unification of the international rules which they embody:
V. Legal Matters V-3

Urges all Contracting States which so far have not done so to ratify those Amendments to the Chicago Convention which
are not yet in force, i.e. those amending the final paragraph to add Arabic and Chinese to the authentic texts of the
Convention adopted, respectively, in 1995 and 1998, and those amendments to Articles 50 (a) and 56 adopted in 2016,
as soon as possible;

Urges all Contracting States which have not yet done so to ratify the Protocols introducing Articles 3 bis and 83 bis of the
Chicago Convention;

Urges all Contracting States which so far have not done so to ratify the other international air law instruments, in particular
the Montréal Convention of 1999, the Cape Town Convention and Aircraft Protocol of 2001, the two Montréal Conventions
of 2009, the Beijing Convention and the Beijing Protocol of 2010, the Montréal Protocol of 2014 and the Protocols on the
Authentic Quinquelingual Text (1995) and the Authentic Six-Language Text (1998) of the Chicago Convention, as soon
as possible;

Urges States which have ratified the instruments in question to provide to the Secretary General copies of the text and
documents they have used in the process of ratification and implementation of such instruments and which may serve as
an example assisting other States in the same process; and

Directs the Secretary General to take all practical measures within the Organization’s means in cooperation with States to
provide assistance, if requested, to States encountering difficulties in the process of ratification and implementation of the
air law instruments, including the organization of and the participation in workshops or seminars to further the process of
ratification of the international air law instruments.

APPENDIX D

The teaching of air law

The Assembly:

Considering the undoubted importance for the Organization and the States of the specialized teaching of air law and the
desirability of fostering knowledge of this important subject; and

Welcoming the introduction in 2017 of the ICAO international air law course with the objective of enabling representatives
of civil aviation administrations, airports and air navigation service providers to support their organizations in the
implementation of air law;

Directs the Council and the Secretary General to take all possible action to promote the teaching and the dissemination
of knowledge of air law around the world;

Urges the States to adopt appropriate measures which would further the achievement of the above objective; and

Calls upon Contracting States and interested parties to contribute to the Assad Kotaite Graduate and Postdoctoral
Fellowship Fund.
V-4 Assembly Resolutions in Force

APPENDIX E

Adoption of national legislation on certain offences committed on board aircraft

(unruly and disruptive passengers)

The Assembly:

Recognizing that, under the Preamble and Article 44 of the Convention on International Civil Aviation, one of the aims and
objectives of the Organization is to foster the planning and development of international air transport so as to meet the
needs of the peoples of the world for safe, regular, efficient and economical air transport;

Noting the increase of the number and gravity of reported incidents involving unruly and disruptive passengers on board
aircraft;

Considering the implications of these incidents for the safety of the aircraft and the passengers and crew on board these
aircraft;

Mindful of the fact that the existing international law as well as national law and regulations in many States are not fully
adequate to deal effectively with this problem;

Recognizing the special environment of aircraft in flight and inherent risks connected therewith, as well as the need to
adopt adequate measures of national law for the purpose of enabling States to prosecute criminal acts and offences
constituting unruly and disruptive behaviour on board aircraft;

Encouraging the adoption of national legal rules enabling States to exercise jurisdiction in appropriate cases to prosecute
criminal acts and offences constituting unruly and disruptive behaviour on board aircraft registered in other States;

Noting that States at the International Conference on Air Law held in Montréal adopted on 4 April 2014 a Protocol to
Amend the Convention on Offences and Certain Other Acts Committed on Board Aircraft and that the Conference decided
not to include a list of offences and other acts within the Protocol but recommended that ICAO Circular 288 – Guidance
Material on the Legal Aspects of Unruly/Disruptive Passengers published in 2002 be updated; and

Noting further the publication of ICAO Doc 10117 - Manual on the Legal Aspects of Unruly and Disruptive Passengers,
which incorporates changes consequential to the adoption of the Montréal Protocol of 2014 and contains a list of offences
and acts most likely to be committed on board aircraft by unruly and disruptive passengers.

Therefore:

Urges all Contracting States to enact as soon as possible national laws and regulations to deal effectively with the problem
of unruly and disruptive passengers, taking into account the guidance in the ICAO Manual on the Legal Aspects of Unruly
and Disruptive Passengers (Doc 10117) and incorporating so far as practical the provisions in the Model Legislation set
out below;

Calls on all Contracting States to submit to their competent authorities, for consideration of prosecution or application of
administrative or any other forms of legal proceedings, all persons whom they have a reasonable ground to consider as
having committed any of the offences and acts set out in the national laws and regulations so enacted, and for which they
have jurisdiction in accordance with these laws and regulations; and

Encourages States which have not yet done so to consider introducing civil and administrative sanctions to deal with less
serious acts or offences relating to unruly and disruptive behaviour on board aircraft in an expeditious and effective
manner.
V. Legal Matters V-5

Model Legislation on Certain Offences Committed on Board Aircraft

Section 1: Assault and Other Acts of Interference against a Crew Member on Board an Aircraft

Any person who commits on board an aircraft any of the following acts thereby commits an offence:

(1) physical assault or threat to commit such assault against a crew member;

(2) verbal intimidation or threat against a crew member if such act interferes with the performance of the duties
of the crew member or lessens the ability of the crew member to perform those duties;

(3) refusal to follow a lawful instruction given by or on behalf of the aircraft commander for the purpose of:

(a) protecting the safety of the aircraft or of persons or property therein; or

(b) maintaining good order and discipline on board.

Section 2: Assault and Other Acts Endangering Safety or Jeopardizing Good Order and Discipline on Board an
Aircraft

(1) Any person who commits on board an aircraft an act of physical violence against a person or of sexual assault
or child molestation thereby commits an offence.

(2) Any person who commits on board an aircraft any of the following acts thereby commits an offence if such
act is likely to endanger the safety of the aircraft or of any person on board or if such act jeopardizes the
good order and discipline on board the aircraft:

(a) assault, intimidation or threat, whether physical or verbal, against another person;

(b) intentionally causing damage to, or destruction of, property;

(c) consuming alcoholic beverages or drugs resulting in intoxication.

Section 3: Other Offences Committed on Board an Aircraft

Any person who commits on board an aircraft any of the following acts thereby commits an offence:

(1) smoking in a lavatory, or smoking elsewhere when such act is prohibited;

(2) tampering with a smoke detector or any other safety-related device on board the aircraft;

(3) operating a portable electronic device when such act is prohibited.

APPENDIX F

A Practical Way Forward on Legal and Institutional Aspects of Communications,

Navigation and Surveillance/Air Traffic Management (CNS/ATM) Systems

Whereas the global implementation of communications, navigation and surveillance/air traffic management (CNS/ATM)
systems, which, inter alia, is intended to provide safety-critical services for aircraft navigation, has made substantial
progress since its inception at the 10th Air Navigation Conference in 1991 and received enthusiastic endorsement at the
11th Air Navigation Conference in 2003;
V-6 Assembly Resolutions in Force

Whereas the existing legal framework for CNS/ATM systems, namely the Chicago Convention, its Annexes, Assembly
Resolutions (especially including the Charter on the Rights and Obligations of States Relating to GNSS Services),
associated ICAO guidance (especially including the Statement of ICAO Policy on CNS/ATM Systems Implementation and
Operation), regional navigation plans, and exchanges of letters between ICAO and the States operating satellite navigation
constellations has enabled the technical implementation achieved thus far;

Whereas ICAO has devoted substantial resources to the study of the legal and institutional aspects of CNS/ATM systems
in the ICAO Assembly, the Council, the Legal Committee, and a Panel of Legal and Technical Experts and a Study Group,
building a detailed record and developing an understanding of the issues, challenges, and concerns facing the global
community;

Whereas there is a need to also consider regional initiatives to develop measures addressing any legal or institutional
issues that could inhibit the implementation of CNS/ATM in the region, while ensuring that such mechanisms will be
consistent with the Chicago Convention; and

Whereas the 13th Air Navigation Conference in 2018 reviewed the status of existing and future technologies enabling the
global air navigation system:

The Assembly:

1. Recognizes the importance of Item No. 6 of the General Work Programme of the Legal Committee “Study of
international legal issues relating to global satellite systems and services supporting international air navigation services”,
and resolutions or decisions by the Assembly and the Council relating to it;

2. Reaffirms that there is no need to amend the Chicago Convention for the implementation of CNS/ATM systems;

3. Invites Contracting States to also consider using regional organizations to develop mechanisms necessary to
address any legal or institutional issues that could inhibit the implementation of CNS/ATM in the region, while ensuring
that such mechanisms will be consistent with the Chicago Convention, and public international law;

4. Encourages the facilitation of technical assistance in implementation of CNS/ATM systems by ICAO, regional
organizations and industry;

5. Invites Contracting States, other multilateral agencies and private financiers to consider development of
additional sources of funding for assistance to States and regional groups in implementation of CNS/ATM;

6. Directs the Secretary General to monitor and, where appropriate, assist in the development of contractual
frameworks to which parties may accede, inter alia, on the basis of the structure and model proposed by the Members of
the European Civil Aviation Conference and the other regional civil aviation commissions, and on international law;

7. Invites the Contracting States to transmit regional initiatives to the Council; and

8. Directs the Council to register such regional initiatives, to consider their value and to make them public as soon
as possible (in accordance with Articles 54, 55 and 83 of the Chicago Convention).
V. Legal Matters V-7

APPENDIX G

Enhancing the capacity and effectiveness of States

to implement air law treaties and update national laws and regulations

1. The Assembly:

Recalling the important role of law (especially air law) for the achievement by ICAO of its aims and objectives and for
ICAO, Member States and the aviation industry to respond effectively to new and emerging opportunities, challenges and
threats to the development of international civil aviation;

Recognizing that Member States must ensure that appropriate legislation and regulations are formulated to implement,
and are applied in accordance with, the Chicago Convention, relevant air law instruments and ICAO provisions;

Affirming the important role that civil aviation legal advisers and air law practitioners play in supporting their States and
Organizations to implement air law treaties, to formulate and update national laws and regulations to give effect to national
policies and regulatory requirements, and to contribute to adherence to the rule of law;

Considering that legal advisers must continuously update and enhance their competencies, capabilities and capacities to
effectively carry out their responsibilities; and

Welcoming the first Civil Aviation Legal Advisers Forum initiative organized by ICAO and hosted in Singapore in May 2019,
which enabled legal advisers, particularly those serving in Organizations that regulate civil aviation, to share and exchange
views on current issues of interest to the international aviation community and on strengthening their support for their
Organizations and States:

The Assembly:

1. Encourages Member States that have not already done so to establish positions of dedicated in-house legal
advisers for their civil aviation administrations;

2. Encourages Member States to make use of ICAO seminars and workshops, the International Air Law Course
and other similar events for the continuous training and development of their legal advisers and to consider hosting from
time to time such events in their States and regions;

3. Invites Member States to support the Civil Aviation Legal Advisers Forum initiative and to consider hosting
subsequent editions of the Forum as well as encourage and facilitate their legal advisers to participate in and to contribute
to the Forum;

4. Requests the Secretary General to assist Member States in achieving and maintaining the appropriate
competency of civil aviation legal advisers, including through developing a competency framework for strengthening their
role; and

5. Urges Member States to support ICAO’s work in the legal field by encouraging the active participation of their
legal advisers in the work of the Legal Committee, subcommittees and task forces, panels, working groups, and similar
bodies established to examine air law issues and develop legal solutions.
V-8 Assembly Resolutions in Force

A39-8: Conflicts of interest in civil aviation

Recognizing that conflicts of interest may hamper effective, independent and impartial safety regulation of civil aviation
and thereby pose risks to the safety and security of international civil aviation;

Acknowledging the need for and the benefits of drawing upon the experience and expertise of qualified industry personnel
to help ensure that important regulatory oversight functions can be provided;

Recalling that the item “Consideration of Guidance on Conflicts of Interest” was added to the General Work Programme
of the Legal Committee by the 37th Session of the Assembly and subsequently was endorsed by the Legal Committee,
the Council and the 38th Session of the Assembly, which elevated its priority;

Aware that under the United Nations Convention Against Corruption adopted by the General Assembly on 31 October
2003, States have the obligation to endeavour to adopt, maintain and strengthen systems that promote transparency and
prevent conflicts of interest;

Considering that Annex 19 — Safety Management and ICAO guidance material identify the need for States inter alia to
establish a strategy to mitigate potential issues arising from conflicts of interest in civil aviation; and

Convinced of the need for States to share information concerning policies and measures used to detect, avoid, mitigate
and manage conflicts of interest in civil aviation;

The Assembly:

1. Urges States which have not done so to consider establishing a formal legal framework to detect, avoid, mitigate
and manage conflicts of interest in civil aviation;

2. Invites States:

a) to examine at the national level the adequacy of their domestic legal regimes on measures and practices to
detect, avoid, mitigate and manage conflicts of interest in civil aviation, with a view to ensuring and improving
transparency and accountability in civil aviation regulatory activities and to balancing their particular
circumstances and ability to fulfil their oversight obligations with addressing the risks to aviation safety and
security posed by conflicts of interest; and

b) where necessary, to enact legislation and establish systems, codes and practices which promote the
awareness of potential conflicts of interest in civil aviation;

3. Urges States to ensure the enforcement of rules and measures to detect, avoid, mitigate and manage conflicts
of interest relating to safety oversight in civil aviation;

4. Mandates the Council to facilitate the collection, analysis, dissemination and promotion of best practices
addressing conflicts of interest for the benefit of Member States, taking advantage of existing expertise in the States and
within the United Nations and other relevant international organizations;

5. Requests the Secretary General to continue to collect information from States and relevant intergovernmental
organizations, concerning policies and measures used to detect, avoid, mitigate and manage conflicts of interest in civil
aviation, in order to advance the study of this issue;

6. Requests the Secretary General to develop a reference document identifying all provisions in the Annexes and
manuals relating to conflicts of interest;
V. Legal Matters V-9

7. Mandates the Legal Committee to keep the issue of conflicts of interests in civil aviation under regular review;
and

8. Calls upon States to extend to the Secretary General their full support and assistance in the implementation of
the present resolution, including the provision of expertise and information.

A39-10: Promotion of the Beijing Convention and the Beijing

Protocol of 2010

Recalling its Resolution A38-19 entitled Promotion of the Beijing Convention and the Beijing Protocol of 2010;

Recalling further its Resolution A37-22, Appendix C, relating to the ratification of instruments which have been developed
and adopted under the auspices of the Organization; and

Recognizing the importance of broadening and strengthening the global aviation security regime to meet new and
emerging threats;
The Assembly:

1. Urges all States to support and encourage the universal adoption of the Convention on the Suppression of
Unlawful Acts Relating to International Civil Aviation (Beijing Convention of 2010) and the Protocol Supplementary to the
Convention for the Suppression of Unlawful Seizure of Aircraft (Beijing Protocol of 2010);

2. Urges all States to sign and ratify the Beijing Convention and Beijing Protocol of 2010 as soon as possible;

3. Directs the Secretary General to provide assistance, as appropriate, with the ratification process if so requested
by a State; and

4. Declares that this resolution supersedes Resolution A38-19.

A39-9: Promotion of the Montréal Convention of 1999

Recalling its Resolution A37-22, Appendix C, relating to the ratification of instruments which have been developed and
adopted under the auspices of the Organization, and Resolution A38-20, Promotion of the Montréal Convention of 1999;

Recognizing the importance of achieving a universal regime to govern airline liability to passengers and shippers on
international flights;

Recognizing the desirability of an equitable, fair and convenient system for compensation for losses;

The Assembly:

1. Urges all Contracting States to support and encourage the universal adherence to the Convention for the
Unification of Certain Rules for International Carriage by Air, done at Montréal on 28 May 1999 (Montréal Convention of
1999);
V-10 Assembly Resolutions in Force

2. Urges all Contracting States that have not done so to become Parties to the Montréal Convention of 1999 as
soon as possible; and

3. Directs the Secretary General to provide assistance, as appropriate, with the ratification process if so requested
by a Contracting State.

4. Declares that this resolution supersedes Resolution A38-20.

A7-5: Revised constitution of the Legal Committee

A40-11: Consolidated statement of continuing ICAO policies

related to aviation security

A23-2: Amendment of the Chicago Convention regarding

transfer of certain functions and duties

A23-13: Lease, charter and interchange of aircraft in

international operations

A29-3: Global Rule Harmonization

A35-15: Consolidated statement of continuing ICAO policies

and practices related to a global air traffic
management (ATM) system and communications,
navigation and surveillance/air traffic management
(CNS/ATM) systems

A33-5: Confirmation of the 1986 Vienna Convention on the

Law of Treaties between States and International
Organizations or between International Organizations

A35-2: Application of Article IV of the Convention on the

Marking of Plastic Explosives for the Purpose of
Detection
V. Legal Matters V-11

A32-19: Charter on the Rights and Obligations of States

Relating to GNSS Services

Whereas Article 44 of the Convention on International Civil Aviation, signed on 7 December 1944 (the “Chicago
Convention”), mandates the International Civil Aviation Organization (ICAO) to develop the principles and techniques of
international air navigation and to foster the planning and development of international air transport;

Whereas the concept of the ICAO communications, navigation and surveillance/air traffic management (CNS/ATM)
systems utilizing satellite-based technology was endorsed by States and International Organizations at the ICAO 10th Air
Navigation Conference, and was approved by the 29th Session of the Assembly as the ICAO CNS/ATM systems;

Whereas the Global Navigation Satellite System (GNSS), as an important element of the CNS/ATM systems, is intended
to provide worldwide coverage and is to be used for aircraft navigation;

Whereas GNSS shall be compatible with international law, including the Chicago Convention, its Annexes and the relevant
rules applicable to outer space activities;

Whereas it is appropriate, taking into account current State practice, to establish and affirm the fundamental legal principles
governing GNSS; and

Whereas the integrity of any legal framework for the implementation and operation of GNSS requires observance of
fundamental principles, which should be established in a Charter;

The Assembly:

Solemnly declares that the following principles of this Charter on the Rights and Obligations of States Relating to GNSS
Services shall apply in the implementation and operation of GNSS:

1. States recognize that in the provision and use of GNSS services, the safety of international civil aviation shall be
the paramount principle.

2. Every State and aircraft of all States shall have access, on a non-discriminatory basis under uniform conditions,
to the use of GNSS services, including regional augmentation systems for aeronautical use within the area of coverage of
such systems.

3. a) Every State preserves its authority and responsibility to control operations of aircraft and to enforce safety
and other regulations within its sovereign airspace.

b) The implementation and operation of GNSS shall neither infringe nor impose restrictions upon States’
sovereignty, authority or responsibility in the control of air navigation and the promulgation and enforcement
of safety regulations. States’ authority shall also be preserved in the coordination and control of
communications and in the augmentation, as necessary, of satellite-based air navigation services.

4. Every State providing GNSS services, including signals, or under whose jurisdiction such services are provided,
shall ensure the continuity, availability, integrity, accuracy and reliability of such services, including effective arrangements to
minimize the operational impact of system malfunctions or failure, and to achieve expeditious service recovery. Such State
shall ensure that the services are in accordance with ICAO Standards. States shall provide in due time aeronautical
information on any modification of the GNSS services that may affect the provision of the services.
V-12 Assembly Resolutions in Force

5. States shall cooperate to secure the highest practicable degree of uniformity in the provision and operation of
GNSS services.

States shall ensure that regional or subregional arrangements are compatible with the principles and rules set out in this
Charter and with the global planning and implementation process for GNSS.

6. States recognize that any charges for GNSS services shall be made in accordance with Article 15 of the Chicago
Convention.

7. With a view to facilitating global planning and implementation of GNSS, States shall be guided by the principle of
cooperation and mutual assistance whether on a bilateral or multilateral basis.

8. Every State shall conduct its GNSS activities with due regard for the interests of other States.

9. Nothing in this Charter shall prevent two or more States from jointly providing GNSS services.

A32-20: Development and elaboration of an appropriate long-

term legal framework to govern the implementation of
GNSS

Whereas the Global Navigation Satellite System (GNSS), as an important element of the ICAO CNS/ATM systems, is
intended to provide safety-critical services for aircraft navigation with worldwide coverage;

Whereas GNSS shall be compatible with international law, including the Chicago Convention, its Annexes and the relevant
rules applicable to outer space activities;

Whereas the complex legal aspects of the implementation of CNS/ATM, including GNSS, require further work by ICAO in
order to develop and build mutual confidence among States regarding CNS/ATM systems and to support the
implementation of CNS/ATM systems by Contracting States;

Whereas the worldwide CNS/ATM systems implementation Conference in Rio de Janeiro in May 1998 recommended that
a long-term legal framework for GNSS be elaborated, including the consideration of an international convention, while
recognizing that regional developments may contribute to the development of such a legal framework; and

Whereas the recommendations adopted by the worldwide CNS/ATM systems implementation Conference in Rio de
Janeiro in May 1998 as well as the recommendations formulated by the Panel of Legal and Technical Experts on GNSS
(LTEP) provide important guidance for the development and implementation of a global legal framework for CNS/ATM
and in particular GNSS;

The Assembly:

1. Recognizes the importance of regional initiatives regarding the development of the legal and institutional aspects
of GNSS;

2. Recognizes the urgent need for the elaboration, both at a regional and global level, of the basic legal principles
that should govern the provision of GNSS;

3. Recognizes the need for an appropriate long-term legal framework to govern the implementation of GNSS;
V. Legal Matters V-13

4. Recognizes the decision of the Council on 10 June 1998 authorizing the Secretary General to establish a Study
Group on Legal Aspects of CNS/ATM systems; and

5. Instructs the Council and the Secretary General, within their respective competencies, and beginning with a
Secretariat Study Group, to:

a) ensure the expeditious follow-up of the recommendations of the worldwide CNS/ATM Systems
Implementation Conference, as well as those formulated by the LTEP, especially those concerning
institutional issues and questions of liability; and

b) consider the elaboration of an appropriate long-term legal framework to govern the operation of GNSS
systems, including consideration of an international Convention for this purpose, and to present proposals
for such a framework in time for their consideration by the next ordinary session of the Assembly.

A33-20: Coordinated approach in providing assistance in the

field of aviation war risk insurance

Whereas Article 44 of the Convention on International Civil Aviation refers to the objective of ensuring safe, regular,
efficient and economical air transport;

Whereas the tragic events of 11 September 2001 have affected the operations of airline operators around the world;

Whereas insurance coverage for airline operators and for other service providers in the area of war risk insurance is
presently no longer fully available on the global insurance markets;

Whereas by State letter dated 21 September 2001, ICAO has appealed to all its Contracting States to take such measures
as necessary to ensure that aviation and air transport services are not disrupted and to support the airline operators and,
as required, the other parties, by providing a commitment to cover the risks left open by the above developments, until
such time as the insurance markets stabilize;

Whereas many Contracting States around the world have acted upon this appeal and have provided assistance to the
airline operators and the other parties;

Whereas the measure adopted by Contracting States in providing assistance to the airline operators and the other parties
are mostly short-term measures which differ from one another;

Whereas therefore it is desirable to develop a coordinated approach in the short- and medium-term providing assistance
to airline operators and the other parties in the field of aviation war risk insurance;

The Assembly:

1. Urges Contracting States to work together to develop a more enduring and coordinated approach to the important
problem of providing assistance to airline operators and to other service providers in the field of aviation war risk insurance;

2. Directs the Council to urgently establish a Special Group to consider the issues referred to in the preceding
paragraph and to report back to the Council with recommendations as soon as possible; and

3. Invites the Council and the Secretary General to take any other measures considered necessary or desirable.

_____________________
PART VI. TECHNICAL COOPERATION

A41-25: Consolidated statement of ICAO policies on

technical cooperation and technical assistance

Whereas new policies have been approved by the Council for implementation support, in the form of technical assistance
and technical cooperation, which replaced the Policy on Technical Assistance endorsed by the 38th Session of the
Assembly;

Whereas “Technical Assistance” is any assistance provided by ICAO to States, which is funded by the Regular Budget
and/or Voluntary Funds, and implemented through any Bureau/Office depending on the nature and duration of the project;

Whereas “Technical Cooperation” is any project requested and funded by States and/or Organizations and implemented
through the Technical Cooperation Bureau on a cost-recovery basis, where all the direct and indirect costs related to the
project are recovered;

The Assembly:

1. Resolves that the Appendices attached to this Resolution constitute the consolidated statement of ICAO policies
on technical cooperation and technical assistance, as these policies exist at the close of the 41st Session of the Assembly;

2. Declares that this Resolution supersedes A40-24.

APPENDIX A

The ICAO Technical Cooperation and Technical Assistance Programmes

Whereas the growth and improvement of civil aviation can make an important contribution to the economic development
of States;

Whereas civil aviation is important to the technological, economic, social and cultural advancement of all countries and
especially of developing countries and their subregional, regional and global cooperation;

Whereas ICAO can assist States in advancing their civil aviation and at the same time promote the realization of its
Strategic Objectives;

Whereas Resolution 222 (IX)A of 15 August 1949 of the United Nations Economic and Social Council, approved by the
General Assembly in its Resolution of 16 November 1949 and endorsed by the ICAO Assembly in its Resolution A4-20,
entrusted all Organizations of the United Nations system to participate fully in the Expanded Programme of Technical
Assistance for Economic Development, and that ICAO, as the United Nations specialized agency for civil aviation, began
the execution of technical cooperation and technical assistance projects in 1951 with funding from the United Nations
Special Account for Technical Assistance, established pursuant to the above Resolution;

Whereas the large deficits experienced from 1983 to 1995 required the definition of a new policy on technical cooperation
and technical assistance and a new organizational structure for the Technical Cooperation Bureau;

VI-1
VI-2 Assembly Resolutions in Force

Whereas the implementation of the New Policy on technical cooperation and technical assistance, endorsed by the
31st Session of the Assembly, based on the progressive implementation of the core staff concept, the integration of the
Technical Cooperation Bureau into the Organization’s structure, and the establishment of the ICAO Objectives
Implementation Funding Mechanism, as well as the new organizational structure for the Technical Cooperation Bureau
implemented in the 1990s, significantly reduced costs and substantially improved the financial situation of the Technical
Cooperation and Technical Assistance Programmes;

Whereas the objectives of the New Policy emphasized the importance of the Technical Cooperation and Technical
Assistance Programmes in the global implementation of ICAO Standards and Recommended Practices (SARPs) and Air
Navigation Plans (ANPs), as well as the development of the civil aviation infrastructure and human resources of developing
States in need of technical cooperation or technical assistance from ICAO;

Whereas standardization and monitoring of SARPs implementation remain important functions of the Organization and
emphasis has been placed on ICAO’s role towards implementation and support to Contracting States;

Whereas the Council has endorsed the realignment of technical assistance and technical cooperation as a new strategic
direction to be implemented within the “One-ICAO” approach;

Whereas the new Policy on ICAO Implementation Support Provided to States approved by the Council aims at
strengthening and harmonizing the coordination and management of implementation support programmes, projects,
products, services and activities, and ensuring that the support provided to States across all areas of civil aviation is
relevant, efficient, consistent in content and delivery regardless of the source of assistance or the associated funding
mechanism;

Whereas A35-21 encouraged the Council and the Secretary General to adopt a structure and mechanism that would use
commercially oriented practices to allow fruitful partnerships with funding partners and recipient States;

Whereas A39-23 urged Member States, the industry, financial institutions, donors and other stakeholders to coordinate
and cooperate among themselves and to support the implementation of assistance activities in line with the global and
regional priorities established by ICAO, thereby avoiding duplication of efforts;

Whereas the Council agreed that greater operational flexibility should be accorded to the Technical Cooperation Bureau
with the appropriate oversight and control over technical cooperation and technical assistance activities;

Whereas technical cooperation is a dynamic and complex field within a rapidly evolving technological environment
impacting the needs of States and interests of development partners, thus requiring innovative ways to effectively address
inherent challenges, improve quality of deliverables, increase capacity and efficiency, ensure higher reliability towards
SARPs compliance and strengthen competitiveness in the global aviation market;

Whereas the Council has endorsed a new Strategy and Business Model for the Technical Cooperation Bureau aimed at
enhancing the services provided in partnership with other ICAO Bureaus and Regional Offices and delivering greater value
to beneficiary States and non-State entities;

Whereas all technical cooperation activities of the Organization continue to be based on the principle of cost recovery and
measures continue to be taken to minimize administrative and operational costs to the extent possible;

Whereas the Technical Cooperation and Technical Assistance Programmes and related Administrative and Operational
Services Cost (AOSC) Fund income for the triennium and beyond cannot be estimated with precision and can vary
substantially based on various factors outside ICAO's control;

Whereas the Technical Cooperation Programme volume has drastically decreased in the current triennium and the
financial situation of the AOSC Fund significantly deteriorated, compounded by the unprecedented impact of the COVID-19
pandemic and the slow recovery of the air transport sector;
VI. Technical Cooperation VI-3

Whereas the Council adopted a policy on cost recovery concerning the apportionment of costs between the Regular
Budget and the AOSC Fund for services provided by the Regular Programme to the Technical Cooperation Bureau and
for services provided by the Technical Cooperation Bureau to the Regular Programme;

The Assembly:

Technical Cooperation and Technical Assistance Programmes

1. Recognizes the importance of the Technical Cooperation and Technical Assistance Programmes for promoting
the achievement of the Strategic Objectives of the Organization;

2. Reaffirms that the Technical Cooperation and Technical Assistance Programmes, implemented within the rules,
regulations and procedures of ICAO, are a permanent priority activity of ICAO that complements the role of the Regular
Programme in providing support to States in the effective implementation of ICAO Policies, SARPs and Global Plans,
regional and national aviation plans, PANS and guidance material, as well as in the development of their civil aviation
administration infrastructure and human resources;

3. Reaffirms that, within the existing financial means, the ICAO Technical Cooperation and Technical Assistance
Programmes should be strengthened, at Regional Office and field level, in order to allow the Organization to play its role
more efficiently and effectively with the understanding that no increase in project costs will be incurred;

4. Reaffirms that the Technical Cooperation Bureau is one of the main instruments of ICAO to assist States in
remedying their deficiencies in the field of civil aviation for the benefit of the international civil aviation community as a
whole;

5. Reaffirms that improved cooperation and coordination of ICAO’s technical cooperation and technical assistance
activities should be achieved through clear delineation of each Bureau’s mandate and activities to avoid duplication and
redundancy;

6. Endorses the new Policy on ICAO Implementation Support Provided to States approved by the Council aimed at
strengthening and harmonizing the coordination and management of implementation support programmes, projects,
products, services and activities, and recognizes that a common ICAO implementation support programme will further
strengthen the Organization’s implementation support activities to better meet the needs of Member States;

7. Requests the Secretary General, considering the specialization, qualifications and expertise, limited financial and
human resources, segregation of duties and the mandate of the respective organizational entities within the Secretariat,
to optimize the allocation of resources and distribution of roles and responsibilities in relation to implementation support
activities;

8. Reaffirms that, in the event that the AOSC operation for any given financial year ends in a financial deficit, such
deficit should first be met from the accumulated surplus of the AOSC Fund and, as a last resort, a call for support from the
Regular Programme Budget;

9. Requests the Secretary General to implement greater efficiency measures leading to a gradual reduction of
administrative support costs charged to technical cooperation and technical assistance projects;

10. Reaffirms that costs recovered by the Organization for support services provided to the Technical Cooperation
Bureau must be directly and exclusively related to project operations in order to keep administrative support costs to a
minimum;
VI-4 Assembly Resolutions in Force

ICAO as the recognized agency for civil aviation

11. Reminds Contracting States contemplating the development or enhancement of their civil aviation infrastructures,
to consider the advantages of using the ICAO Technical Cooperation Programme for their civil aviation projects;

12. Requests the Secretary General to continue to raise the awareness of States, the industry and private sector,
international and regional organizations, financial institutions, donors and the United Nations regarding the advantages of
using ICAO for the implementation and funding of capacity building and infrastructure development projects in the civil
aviation field;

13. Recommends to donor States, financing institutions and other development partners, including the aviation
industry and the private sector, wherever appropriate, to give preference to ICAO for the identification, formulation,
analysis, implementation and evaluation of civil aviation projects in the field of technical cooperation and technical
assistance, and requests the Secretary General to continue communicating with such entities and with potential recipient
States, with a view to allocating funds for the development of civil aviation, using ICAO as the executing agency;

14. Recommends to States receiving bilateral or other government-sponsored aid to consider the value of using the
ICAO Technical Cooperation and Technical Assistance Programmes to support the implementation of their programmes
related to civil aviation;

Expansion of ICAO Technical Cooperation and Technical Assistance Activities

15. Reaffirms that in adopting commercially-oriented practices for the financial sustainability of the Technical
Cooperation Bureau, there is a need to establish flexible mechanisms facilitating cooperation with potential beneficiaries
on new civil aviation development projects and partnerships with States, donors and other stakeholders for resource
mobilization opportunities, and invites the Secretary General to identify mechanisms to allow ICAO to participate in tenders
for the development of civil aviation issued by donor organizations, development banks and international financial
institutions consistent with best practices of the United Nations System, and to regulate the way in which ICAO can work
with the industry considering existing models used by other international civil aviation entities, while ensuring that adequate
controls are in place and the good reputation of ICAO is maintained;

16. Reaffirms the need to expand the provision of technical cooperation and technical assistance by ICAO to the
non-State entities (public or private) directly involved in civil aviation, in furtherance of ICAO Strategic Objectives, such
cooperation and assistance to encompass, inter alia, those activities that were traditionally provided by national civil
aviation administrations and are being privatized to some degree, where the State shall, nonetheless, continue to be
responsible under the Chicago Convention for the quality of the services provided and their compliance with ICAO SARPs,
and requests the Secretary General to inform the civil aviation authority concerned of the technical aspects of the project
immediately upon the start of negotiations with non-State entities;

17. Reaffirms that ICAO should expand the provision of technical cooperation and technical assistance services,
upon request, to non-State entities (public and private) that are implementing projects in Contracting States in the field of
civil aviation which aim at enhancing aviation safety, air navigation capacity and efficiency, security and facilitation,
environmental protection and economic development of international air transport, and directs the Secretary General to
consider, on a case-by-case basis, the requests of such entities for ICAO cooperation and assistance in the traditional
technical cooperation and technical assistance areas, with particular regard to project compliance with ICAO SARPs and,
as applicable, to relevant national policies and regulations promulgated by the recipient State;

18. Requests the Secretary General to undertake coordinated and sustained actions aimed at ensuring the
progressive realignment of technical assistance and technical cooperation in order for them to function in a consistent and
harmonized manner and supports and encourages the development of new and innovative solutions for implementation
support projects and activities within a strengthened “One-ICAO” approach for the achievement of greater synergies;
VI. Technical Cooperation VI-5

19. Encourages the use of systems and tools to strengthen the planning, development and management of
implementation support and requests the Secretary General to provide the necessary means to make these technologies
available to better support Member States;

Technical Cooperation and Technical Assistance Agreements

20. Reaffirms that ICAO, within the framework of its Technical Cooperation and Technical Assistance Programmes,
uses Trust Fund (TF) Agreements, Management Services Agreements (MSA), the Civil Aviation Purchasing Service
(CAPS) and other framework agreements and funding arrangements as may be necessary to provide maximum
cooperation and assistance to stakeholders implementing civil aviation projects; and

21. Views with satisfaction the initiative of States to make greater use of these arrangements to obtain technical
cooperation and technical assistance in the field of civil aviation.

APPENDIX B

Funding of the Technical Cooperation and Technical Assistance Programmes

Whereas many ICAO Contracting States lack the required funds to efficiently and consistently develop and sustain their
civil aviation infrastructure and human resources, and rectify identified deficiencies;

Whereas funds available for implementation support in the field of civil aviation are insufficient to meet the needs of civil
aviation, especially in developing countries;

Whereas the Technical Cooperation Programme, with few exceptions, is funded by developing countries providing funds
for their own projects;

Whereas the Technical Assistance Programme is funded through ICAO Voluntary Funds and through the Regular Budget
of the Organization;

Whereas civil aviation administrations of Least Developed Countries (LDCs) are, in particular, those needing the most
support while, at the same time, relying mostly on financial institutions and industry to fund their technical cooperation
projects;

Whereas UNDP funding is directed mainly to development sectors other than civil aviation, and its financial contribution
to civil aviation activities has considerably decreased to a level where it represents less than one per cent of the ICAO
Technical Cooperation and Technical Assistance Programmes, but UNDP continues to provide administrative support to
ICAO at the country level;

Whereas rapid technological development in civil aviation requires from developing States substantial expenditures in
aviation ground facilities to match that development, and continues to increase requirements for training of national
aeronautical personnel that are beyond their financial resources and training facilities;

Whereas the Assembly introduced the ICAO Objectives Implementation Funding Mechanism with a view to mobilizing
additional resources for technical cooperation and technical assistance projects identified as required to support the
implementation of SARPs and the facilities and services listed in the ANPs, as well as the implementation of ICAO audit-
related recommendations and the rectification of identified deficiencies;

Whereas the Council has established other thematic and multi-donor trust funds with the objective of assisting Member
States in enhancing civil aviation;
VI-6 Assembly Resolutions in Force

Whereas building partnerships and pooling resources are necessary for achieving sustainable and predictable funding for
implementation support and avoiding duplication of efforts;

Whereas funding institutions expect from those implementing the projects they finance, expedient and effective project
execution, as well as detailed and real-time information on project activities and finances;

The Assembly:

1. Requests that financing institutions, donor States and other development partners, including the industry and the
private sector, give higher priority to the development of the air transport sub-sector in developing countries and requests
the President of the Council, the Secretary General and the Secretariat to intensify their contacts with the United Nations,
including UNDP, to increase their contribution to ICAO’s technical cooperation and technical assistance projects and
programmes;

2. Draws the attention of financing institutions, donor States and other development partners to the fact that ICAO
is the Specialized Agency of the United Nations concerned with civil aviation and, as such, is accepted by the United
Nations as the expert authority in carrying out technical cooperation and technical assistance for developing countries in
civil aviation projects;

3. Urges Contracting States that are associated with funding sources to draw the attention of their representatives
to these organizations towards the value of providing cooperation and assistance to civil aviation projects, particularly
where these are necessary for the provision of vital air transport infrastructure and/or the economic development of a
country;

4. Urges Contracting States to give high priority to civil aviation development and, when seeking external
cooperation and assistance for this purpose, to stipulate to financing institutions through an appropriate level of
government that they wish ICAO to be associated as the executing agency with civil aviation projects which may be funded;

5. Encourages developing countries to seek funds for the development of their civil aviation sectors from all
appropriate sources to complement the funds available from national budgets, financial institutions, donor States and other
development partners so that such development may progress as quickly as possible;

6. Recognizes that extra-budgetary contributions from donors will allow the Technical Cooperation and Technical
Assistance Programmes to expand their services to States in relation to aviation safety, air navigation capacity and
efficiency, security and facilitation, economic development and environmental protection, thus further contributing to the
achievement of the Strategic Objectives, in particular to the implementation of SARPs and the rectification of deficiencies
identified by audits;

7. Authorizes the Secretary General to receive, on behalf of the ICAO Technical Cooperation and Technical
Assistance Programmes, financial and in-kind contributions to technical cooperation and technical assistance projects,
including voluntary contributions in the form of technical expertise, scholarships, fellowships, training equipment and funds
for training, from States, financing institutions and other public and private sources and to act as an intermediary between
States regarding the granting of scholarships, fellowships and provision of training equipment;

8. Urges those States which are in a position to do so to provide additional funds to the ICAO Technical Cooperation
and Technical Assistance Programmes through the ICAO Voluntary Funds for the implementation of civil aviation projects,
implementation packages or any other contributions conducive to supporting States with their SARPs compliance efforts
and complementary civil aviation needs;

9. Encourages States and other development partners, including the industry and the private sector, to contribute
to the ICAO Objectives Implementation Funding Mechanism which allows them to participate in the implementation of
ICAO’s civil aviation projects;
VI. Technical Cooperation VI-7

10. Invites Contracting States to provide sustained financial and human resource support through the ICAO
Programme for Aviation Volunteers (IPAV) to develop capabilities within beneficiary States in the implementation of ICAO
Standards and Recommended Practices (SARPs), as well as fostering self-reliance and growth; and

11. Requests the Council to advise and assist developing countries to secure the support of financing institutions,
donor States and other development partners in implementing ICAO regional and subregional safety and security
programmes, such as the Cooperative Development of Operational Safety and Continuing Airworthiness Programme
(COSCAP) and the Cooperative Aviation Security Programme (CASP).

APPENDIX C

Implementation of the Technical Cooperation and Technical Assistance Programmes

Whereas the aim of ICAO is to ensure the safe and orderly growth of international civil aviation throughout the world;

Whereas the implementation of technical cooperation and technical assistance projects complements the Regular
Programme efforts towards the achievements of ICAO’s Strategic Objectives;

Whereas Contracting States increasingly call upon ICAO to provide advice, technical cooperation and technical assistance
to implement SARPs and develop their civil aviation through the strengthening of their administration, the modernization
of their infrastructure and the development of their human resources;

Whereas, on an urgent basis, there is a need for effective follow-up and remedial action as a result of the ICAO Universal
Safety Oversight Audit Programme and Universal Security Audit Programme Continuous Monitoring Approach
(USOAP/CMA and USAP/CMA) audits to provide support to States in addressing identified deficiencies, including
Significant Safety and Security Concerns;

Whereas implementation of projects in compliance with ICAO SARPs by the Technical Cooperation Bureau or any other
third party outside ICAO results in substantially enhanced safety, security and efficiency of civil aviation worldwide and
effectively supports the achievement of the United Nations Sustainable Development Goals (SDGs) through the ICAO No
Country Left Behind initiative;

Whereas the COVID-19 pandemic and the slow recovery of the air transport sector have had a significant impact on civil
aviation and the means of States and other funding sources to give priority to investments on civil aviation development
and infrastructure projects worldwide, causing cancellations or delays to ICAO technical cooperation projects;

Whereas ICAO has developed practical, aligned guidance to governments and industry operators in order to restart the
international air transport sector and recover from the impacts of the pandemic on a coordinated global basis and make
post-COVID-19 aviation more sustainable and resilient;

Whereas the ICAO Implementation Packages (iPacks) are developed and implemented in full alignment with the measures
and recommendations contained in the Council Aviation Recovery Task Force (CART) Report and are a key element for
their implementation;

Whereas extra-budgetary funding provided to the Technical Cooperation and Technical Assistance Programmes allows
ICAO to provide initial support to States to address the deficiencies identified through ICAO audits and assist in their
restart, recovery and resilience efforts related to COVID-19;

Whereas ex-post evaluations of projects constitute a valuable tool to assess and monitor the impact of individual projects
on aviation and for the planning of future projects;
VI-8 Assembly Resolutions in Force

Whereas non-State entities (public and private) implementing projects for Contracting States in the field of civil aviation
increasingly call upon ICAO, through the Technical Cooperation Bureau, to provide advice, technical cooperation and
technical assistance in the traditional technical cooperation and technical assistance fields and ensure project compliance
with ICAO SARPs;

The Assembly:

1. Draws the attention of Contracting States requesting technical cooperation and technical assistance to the
advantages to be derived from well-defined projects based on civil aviation master plans;

2. Urges Contracting States, when implementing civil aviation development projects through ICAO, to give priority
to ICAO USOAP and USAP CMA findings and recommendations, as well as other sources, such as the conclusions and
decisions by Planning and Implementation Regional Groups (PIRGS) and Regional Aviation Safety Groups (RASGs), with
a view to rectifying identified deficiencies, resolving Significant Safety and Security Concerns and addressing opportunities
for improvement in all civil aviation fields, while directly contributing to the achievement of all ICAO’s Strategic Objectives;

3. Draws the attention of Contracting States to the cooperation and assistance provided through subregional and
regional projects executed by ICAO, such as COSCAPs and CASPs and urges the Council to continue prioritizing the
management and implementation of such projects through the Technical Cooperation and Technical Assistance
Programmes in view of the significant associated benefits they provide;

4. Encourages States and non-State entities involved in civil aviation to seek support from ICAO, where required,
through its implementation support programmes and activities, to address COVID-19 aviation challenges for an expedited
restart and recovery;

5. Requests the Secretary General to reinforce the Organization’s application of a systemic approach to
implementation support activities with the objective of building robust and sustainable State oversight systems;

6. Urges States to give high priority to the training of their national civil aviation technical, operational and
management personnel through the development of a comprehensive training programme and reminds States of the
importance of making adequate provision for such training and of the need to provide suitable incentives to retain the
services, in their respective fields, of such personnel after they have completed their training;

7. Encourages States to concentrate their efforts upon the further development of existing training centres and to
support Regional Training Centres (RTCs) which are located in their area for the advanced training of their national civil
aviation personnel where such training is not available nationally, so as to promote a self-reliant capability within that
region;

8. Urges States receiving technical cooperation and technical assistance through ICAO to avoid project
implementation delays by ensuring timely decisions regarding experts, training and procurement components in
accordance with the respective terms of agreement of projects;

9. Draws the attention of Contracting States to the Civil Aviation Purchasing Service (CAPS), which is a facility
provided by ICAO to developing countries to purchase high value items of civil aviation equipment and to contract for
technical services, offering a complete procurement process;

10. Draws the attention of Contracting States, funding partners and other aviation stakeholders to the ICAO
Implementation Packages (iPacks) which provide a ready-to-deploy, efficient, and standardized solution comprised of
guidance material, training, tools and expert support, aimed at facilitating the implementation of ICAO provisions and
guiding State entities through harmonized and flexible solutions;

11. Requests that all Contracting States encourage fully qualified technical experts to apply for inclusion in the
Technical Cooperation Bureau’s roster of experts;
VI. Technical Cooperation VI-9

12. Requests the Secretary General to promote the widespread use of performance indicators for the objective
assessment of the impact of technical cooperation and technical assistance on the implementation of ICAO SARPs;

13. Encourages States to make use of the quality assurance services offered by the Technical Cooperation Bureau,
on a cost-recovery basis, for the supervision of projects implemented by third parties outside the Technical Cooperation
and Technical Assistance Programmes of ICAO, including the review of their compliance with ICAO SARPs; and

14. Encourages States and donors to include, and provide funding for, ex-post evaluations of their civil aviation
projects as an integral part of project planning and implementation.

A22-7: Statute of the Joint Inspection Unit

A39-17: ICAO Programme for Aviation Volunteers

Whereas many States have difficulties meeting their obligations under the Convention and discrepancies in the level of
implementation of ICAO Standards and Recommended Practices (SARPs) still exist;

Whereas a number of States are confronted with insufficient financial and human resources capacity and cannot
adequately address the deficiencies in their civil aviation systems;

Whereas ICAO plays a leadership role in facilitating the implementation of SARPs and the rectification of civil aviation
related deficiencies by coordinating assistance and harnessing resources among aviation partners;

Whereas assistance to States in addressing the shortcomings identified during ICAO safety and security audits, in
developing capabilities in the implementation of ICAO SARPs, in responding to emergencies affecting States’ aviation
systems and in fostering self-reliance and growth is required and desirable;

Recalling the United Nations General Assembly Resolution 70/129 – Integrating volunteering into peace and development:
the plan of action for the next decade and beyond;

Recognizing that volunteerism, in its diversity, universality and values, can be a powerful development tool and asset for
Governments and partners worldwide, which potential as a complementary resource for technical support, should be fully
exploited; and

Whereas skilled and experienced aviation professionals from ICAO, the aviation industry, States and the private sector
are an invaluable source of knowledge that could contribute to the sustainable development of Civil Aviation;

The Assembly:

1. Advances volunteerism as a significant and meaningful instrument for qualified experts to positively engage in
the sustainable development of civil aviation worldwide;
VI-10 Assembly Resolutions in Force

2. Endorses the decisions taken by the Council on the establishment and promotion of the ICAO Programme for
Aviation Volunteers (IPAV);

3. Encourages the meaningful participation and integration, as Volunteers, of skilled and experienced aviation
professionals from ICAO, States, the aviation industry and the private sector into ICAO programmes and projects of
technical assistance/cooperation through the IPAV;

4. Invites Contracting States to consider the IPAV for technical assistance/cooperation, where appropriate;

5. Emphasizes that the provision of adequate means for Volunteer action is essential to leverage the full potential
of volunteerism and the IPAV;

6. Encourages Contracting States and other stakeholders in a position to do so, in coordination with the international
civil aviation community, to participate in the IPAV by providing financial and human resources to support developing and
least developed States in their efforts to meet their obligations under the Convention on International Civil Aviation;

7. Invites donor States, financing institutions and other development partners to provide sustained funding in support
of the administration, monitoring and implementation of the IPAV through the IPAV Voluntary Fund; and

8. Calls upon the Council to continue to support and assist in the promotion of the IPAV.

A22-11: International assistance in re-establishing operation

of international airports and related air navigation
facilities

Whereas the aim of ICAO is to ensure the safe and orderly growth of international civil aviation throughout the world;

Whereas the provision of airports, air navigation, meteorological and communications services and other air navigation
facilities is essential to facilitate international air navigation;
Whereas there have been instances where airports and related air navigation facilities have been damaged or disrupted by
major disasters, and the States concerned were unable, without international cooperation, to re-establish the operation of
such airports and facilities; and

Whereas it is in the interests of all Contracting States that the operation of such international airports and related facilities
be re-established as soon as possible;

The Assembly:

1. Urges all those States able to do so to provide, at the request of the State concerned addressed to the Council,
immediate assistance to that State through the provision of qualified staff and operational equipment, to permit speedy
resumption of full operation of the international airport, including those facilities that were damaged or destroyed, until
such time as the service in the country involved has been fully restored;

2. Directs the Council to establish at the earliest possible date a contingency plan of operational experts and
emergency equipment to render, at the request of the State concerned and at its expense, immediate assistance for the
speedy resumption of operation of an international airport and related facilities that were damaged or destroyed, to be in
effect until the replaced service is restored in the country concerned;

3. Directs the Council to use all means at its disposal to accommodate any such requests by States;
VI. Technical Cooperation VI-11

4. Invites all Contracting States to make available for this purpose, at the request of the Council, the necessary
personnel and equipment to assist the States concerned in the speedy re-establishment of the operation of international
airports and related air navigation facilities.

A39-22: Formulation and implementation of Standards and

Recommended Practices (SARPs) and Procedures for
Air Navigation Services (PANS) and notification of
differences

A40-4: Consolidated statement of continuing ICAO policies

and associated practices related specifically to air
navigation

A22-19: Assistance and advice in the implementation of

Regional Plans

A29-13: Improvement of Safety Oversight

A32-11: Establishment of an ICAO universal safety oversight

audit programme

A33-9: Resolving deficiencies identified by the Universal

Safety Oversight Audit Programme and encouraging
quality assurance for technical cooperation projects

A35-15: Consolidated statement of continuing ICAO policies

and practices related to a global air traffic
management (ATM) system and communications,
navigation and surveillance/air traffic management
(CNS/ATM) systems

A32-12: Follow-up to the 1998 Worldwide CNS/ATM Systems

Implementation Conference

A40-3: Protection of safety data and safety information

collected for maintaining or improving safety and of
flight recorder recordings in normal operations

A40-1: ICAO global planning for safety and air navigation

VI-12 Assembly Resolutions in Force

A40-13: The Universal Safety Oversight Audit Programme

(USOAP) Continuous Monitoring Approach (CMA)

A40-6: Regional cooperation and assistance to resolve safety

deficiencies, establishing priorities and setting
measurable targets

A38-8: Proficiency in the English language used for

radiotelephony communications

_____________________
PART VII. UNLAWFUL INTERFERENCE

GENERAL

A33-1: Declaration on misuse of civil aircraft as weapons of

destruction and other terrorist acts involving civil
aviation

Witnessing the abhorrent terrorist acts which occurred in the United States on 11 September 2001 resulting in the loss of
numerous innocent lives, human suffering and great destruction;

Expressing its deepest sympathy to the United States, to the more than seventy other States worldwide which lost
nationals and to the families of the victims of such unprecedented criminal acts;

Recognizing that such terrorist acts are not only contrary to elementary considerations of humanity but constitute also use
of civil aircraft for an armed attack on civilized society and are incompatible with international law;

Recognizing that the new type of threat posed by terrorist organizations requires new concerted efforts and policies of
cooperation on the part of States;

Recalling its Resolutions A22-5, A27-9 and A32-22 on acts of unlawful interference and terrorism aimed at the destruction
of civil aircraft in flight;

Recalling United Nations General Assembly Resolution 55/158 on measures to eliminate international terrorism and United
Nations Security Council Resolutions 1368 and 1373 on condemning and combatting international terrorism;

The Assembly:

1. Strongly condemns these terrorist acts as contrary to elementary considerations of humanity, norms of conduct
of society and as violations of international law;

Solemnly

2. Declares that such acts of using civil aircraft as weapons of destruction are contrary to the letter and spirit of the
Convention on International Civil Aviation, in particular its preamble and Articles 4 and 44, and that such acts and other
terrorist acts involving civil aviation or civil aviation facilities constitute grave offences in violation of international law;

3. Urges all Contracting States to ensure, in accordance with Article 4 of the Convention, that civil aviation is not
used for any purpose inconsistent with the aims of the Convention on International Civil Aviation, and to hold accountable
and punish severely those who misuse civil aircraft as weapons of destruction, including those responsible for planning
and organizing such acts or for aiding, supporting or harbouring the perpetrators;

4. Urges all Contracting States to strengthen cooperation in order to assist in the investigation of such acts and in
the apprehension and prosecution of those responsible and to ensure that those who participated in these terrorist acts,
whatever the nature of their participation, find no safe haven anywhere;

VII-1
VII-2 Assembly Resolutions in Force

5. Urges all Contracting States to intensify their efforts in order to achieve the full implementation and enforcement
of the multilateral conventions on aviation security, as well as of the ICAO Standards and Recommended Practices
(SARPs) and Procedures relating to aviation security, to monitor such implementation, and to take within their territories
appropriate additional security measures commensurate to the level of threat in order to prevent and eradicate terrorist
acts involving civil aviation;

6. Urges all Contracting States to make contributions in the form of financial or human resources to ICAO’s AVSEC
mechanism to support and strengthen the combat against terrorism and unlawful interference in civil aviation; calls on
Contracting States to agree on special funding for urgent action by ICAO in the field of aviation security referred to in
paragraph 7 below; and directs the Council to develop proposals and take appropriate decisions for a more stable funding
of ICAO action in the field of aviation security, including appropriate remedial action;

7. Directs the Council and the Secretary General to act urgently to address the new and emerging threats to civil
aviation, in particular to review the adequacy of the existing aviation security conventions; to review the ICAO aviation
security programme, including a review of Annex 17 and other related Annexes to the Convention; to consider the
establishment of an ICAO Universal Security Oversight Audit Programme relating to, inter alia, airport security
arrangements and civil aviation security programmes; and to consider any other action which it may consider useful or
necessary, including technical cooperation; and

8. Directs the Council to convene, at the earliest date, if possible, in the year 2001, an international high-level,
ministerial conference on aviation security in Montreal with the objectives of preventing, combatting and eradicating acts
of terrorism involving civil aviation; of strengthening ICAO’s role in the adoption of SARPs in the field of security and the
audit of their implementation; and of ensuring the necessary financial means as referred to in paragraph 6 above.

A17-1: Declaration by the Assembly

Whereas international civil air transport helps to create and preserve friendship and understanding among the peoples of
the world and promotes commerce between nations;

Whereas acts of violence directed against international civil air transport and airports and other facilities used by such air
transport jeopardize the safety thereof, seriously affect the operation of international air services and undermine the
confidence of the peoples of the world in the safety of international civil air transport; and

Whereas Contracting States, noting the increasing number of acts of violence against international air transport, are
gravely concerned with the safety and security of such air transport;

The Assembly:

Condemns all acts of violence which may be directed against aircraft, aircraft crews and passengers engaged in
international air transport;

Condemns all acts of violence which may be directed against civil aviation personnel, civil airports and other facilities used
by international civil air transport;

Urgently calls upon States not to have recourse, under any circumstances, to acts of violence directed against international
civil air transport and airports and other facilities serving such transport;

Urgently calls upon States, pending the coming into force of appropriate international conventions, to take effective
measures to deter and prevent such acts and to ensure, in accordance with their national laws, the prosecution of those
who commit such acts;
VII. Unlawful Interference VII-3

Adopts the following declaration:

The Assembly of the International Civil Aviation Organization,

Meeting in Extraordinary Session to deal with the alarming increase in acts of unlawful seizure and of violence against
international civil air transport aircraft, civil airport installations and related facilities;

Mindful of the principles enunciated in the Convention on International Civil Aviation;

Recognizing the urgent need to use all of the Organization’s resources to prevent and deter such acts;

Solemnly

1. Deplores acts which undermine the confidence placed in air transport by the peoples of the world.

2. Expresses regret for the loss of life and injury and damage to important economic resources caused by such acts.

3. Condemns all acts of violence which may be directed against aircraft, crews and passengers engaged in, and
against civil aviation personnel, civil airports and other facilities used by, international civil air transport.

4. Recognizes the urgent need for a consensus among States in order to secure widespread international
cooperation in the interests of the safety of international civil air transport.

5. Requests concerted action on the part of States towards suppressing all acts which jeopardize the safe and
orderly development of international civil air transport.

6. Requests application, as soon as possible, of the decisions and recommendations of this Assembly so as to
prevent and deter such acts.

A33-3: Increasing the effectiveness of ICAO

(to face new challenges)

A34-1: Use of funds in the separate account established

under Resolving Clause 3 of Assembly Resolution
A33-27

CONTINUING ICAO POLICY RELATED

TO UNLAWFUL INTERFERENCE

A41-18: Consolidated statement on continuing ICAO policies

related to aviation security

Whereas it is considered desirable to consolidate Assembly resolutions on continuing ICAO policies related to aviation
security in order to facilitate their implementation and practical application by making their texts more readily available,
understandable and logically organized;
VII-4 Assembly Resolutions in Force

Whereas in Resolution A40-11 the Assembly resolved to adopt at each session a consolidated statement on continuing
ICAO policies related to aviation security; and

Whereas the Assembly has reviewed proposals by the Council for the amendment of the consolidated statement
on continuing ICAO policies related to aviation security in Resolution A40-11, Appendices A to G inclusive, and
has amended the statement to reflect the decisions taken during the 41st Session.

The Assembly:

1. Resolves that the Appendices attached to this resolution constitute the consolidated statement on continuing
ICAO policies related to aviation security, as these policies exist at the close of the 41st Session of the Assembly;

2. Resolves to request that the Council submit for review at each ordinary session a consolidated statement on
continuing ICAO policies related to aviation security; and

3. Declares that this resolution supersedes Resolution A40-11.

APPENDIX A

General policy

Whereas the development of international civil aviation can greatly help to create and preserve friendship and
understanding among the nations and peoples of the world, yet its abuse can become a threat to general security;

Whereas acts of unlawful interference against civil aviation have become the main threat to its safe and orderly
development;

Whereas the evolving nature of the threat of terrorist acts, including those posed by concealed explosive devices,
landside attacks, surface-to-air threats including man-portable air defence systems (MANPADS), other attacks from a
distance, chemical threats, attacks using unmanned aircraft systems (UAS), abuse of the air cargo system for terrorist
purposes, use of aircraft as a weapon, cyber-attacks and other acts of unlawful interference against civil aviation,
including, in particular, the insider threat, that has a serious adverse effect on the safety, efficiency and regularity of
international civil aviation, endangering the lives of persons on board and on the ground and undermining the
confidence of the peoples of the world in the safety of international civil aviation;

Whereas all acts of unlawful interference against international civil aviation constitute a grave offence in violation
of international law;

Recalling that Resolutions A27-12 and A29-16 remain in force;

Recognizing that the exploitation of the aviation sector by a variety of criminal activities, including the illicit
transport of narcotics and psychotropic substances by air, as well as the trafficking of humans, wildlife, and other illicit
goods can reveal or exacerbate vulnerabilities that could be exploited by those aiming to carry out acts of unlawful
interference;

Recalling Resolution A40-12 on the Declaration on Aviation Security;

Recalling the Joint Communiqués issued by the ICAO-World Customs Organization (WCO) Joint Conferences
on Enhancing Air Cargo Security and Facilitation, held in Singapore in July 2012, in Manama, Bahrain in April 2014,
and in Kuala Lumpur, Malaysia in July 2016;
VII. Unlawful Interference VII-5

Mindful of United Nations Security Council resolutions (UNSCR) 2178 (2014), 2309 (2016), 2341 (2016), 2395 (2017),
2396 (2017), 2482 (2019) and 2617 (2021) related to threats to international peace and security caused by terrorist
acts;

Mindful of the United Nations Global Counter-Terrorism Strategy (2006) as a global instrument to enhance national,
regional and international efforts to counter terrorism;

Mindful of the efforts by ICAO and its Member States to implement the UN Global Counter-Terrorism Strategy to enhance
international, regional and national efforts to counter terrorism, including to take practical steps to strengthen Member
State capacity to counter terrorist threats and to reinforce the coordination of the counter-terrorism activities undertaken
by the UN System;

Recognizing that global consultations and outreach efforts with Member States to elaborate and refine the elements
of the Global Aviation Security Plan (GASeP) successfully led to the adoption of the Plan by the Council in November
2017;

Recognizing increased efforts that need to be made by Member States towards the global aspirational targets of the
GASeP set for 2023 and 2030, with the collective support of other Member States, ICAO, regional organizations,
industry and all other stakeholders;

Recognizing the importance of the implementation and promotion of global security practices, by both ICAO
and Member States, that are risk-based, appropriate and proportionate to the threat;

Recognizing the ongoing need to promote the enhancement of security awareness and a strong and effective security
culture in aviation, by Member States, industry and other stakeholders;

Mindful of the Regional Roadmaps adopted at Regional Conferences on Aviation Security held in Egypt, Panama,
Portugal and Thailand between 2017 and 2018;

Recalling the Communiqué of the Second High-level Conference on Aviation Security held in Montréal in November
2018, and the conference conclusions and recommendations;

Recalling the importance of Member States taking a comprehensive view of aviation security and other aviation
disciplines, maintaining effective coordination among their different bodies to ensure consideration of all appropriate
information, and assessment of the consequences of any measures on civil aviation activities, in particular on aviation
safety;

Reaffirming the commitments made in the Ministerial Declaration of the High-level Conference on COVID-19 (HLCC
2021), among others, the need to ensure a safe, secure, and orderly flow of traffic with operational readiness of aviation,
and to ensure the long-term resilience of international aviation and incorporate the lessons learned from the current
and past pandemics.

The Assembly:

1. Strongly condemns all acts of unlawful interference against civil aviation wherever and by whomsoever and for
whatever reason they are perpetrated;
VII-6 Assembly Resolutions in Force

2. Notes with abhorrence all acts and attempted acts of unlawful interference aimed at the destruction of civil
aircraft in flight and civil airports by surface-to-air threats, attacks using UAS and other attacks from a distance, and the
misuse of civil aircraft as a weapon of destruction and the death of persons on board and on the ground;

3. Reaffirms that aviation security must continue to be treated as a matter of highest priority and appropriate
resources should be made available by ICAO and its Member States;

4. Calls upon all Member States to confirm their resolute support for the established policy of ICAO by applying
the most effective security measures as required and recommended in Annex 17 — Aviation Security and security-
related provisions in Annex 9 – Facilitation, individually and in cooperation with one another, to prevent acts of
unlawful interference and to punish the perpetrators, planners, sponsors, and financiers of conspirators in any such
acts;

5. Reaffirms ICAO’s responsibility to facilitate the consistent and uniform resolution of questions which may arise
between Member States in matters affecting the safe and orderly operation of international civil aviation throughout
the world;

6. Directs the Council to continue, as an urgent priority, its work relating to measures for prevention of acts of
unlawful interference, and ensure that this work is carried out with the highest efficiency and responsiveness;

7. Calls upon ICAO and its Member States to implement UNSCR 2178, 2309, 2341, 2395, 2396 and 2482 in
accordance with their respective competencies and collectively demonstrate ICAO’s global leadership in safeguarding
international civil aviation against acts of unlawful interference;

8. Recognizing the leadership role of ICAO in the area of aviation security, requests the Secretary General to
raise the profile of aviation security within ICAO and its regional offices and ensure the long-term sustainability of the
Organization’s aviation security programme within the context of the Regular Programme Budget;

9. Urges all Member States to continue to financially support the Organization’s aviation security activities with
voluntary contributions in the form of human and financial resources beyond those budgeted for under the regular
programme;

10. Directs the Council to ensure the regular review of the GASeP by the Aviation Security Panel so that it remains
relevant, its priorities address existing and emerging threats and continues to serve as a useful tool for supporting
Member States’ efforts to achieve full implementation of Annex 17 — Aviation Security;

11. Directs the Council to consider the lessons learned from the implementation of the GASeP, including the
changes that have occurred in the aviation industry as a consequence of the COVID-19 pandemic, when making
refinements to the Plan, ensuring it contains clear and collective aviation security goals and targets, along with a
progress monitoring mechanism using existing processes and tools to assist ICAO, Member States and stakeholders
in ensuring continuous improvement in aviation security;

12. Directs the Secretary General to continue reviewing and improving the ICAO aviation security plans and
programmes holistically, using consultative mechanisms with Member States and industry, to ensure these plans and
programmes are still serving their intended purpose and are adapting to the new and emerging aviation security
challenges, while considering innovative approaches to further improve or enhance their effectiveness. Results of the
reviews, including any recommendations, should be reported to the Council on a regular basis.

13. Urges all Member States to actively participate in global and regional efforts towards meeting the GASeP
objectives, goals, targets and priorities at the national and regional levels, taking into account global aspirational targets
of the GASeP set for 2023 and 2030; and
VII. Unlawful Interference VII-7

14. Urges all Member States, industry and other stakeholders to continue to take practical actions towards the
enhancement of security culture in aviation to support the effective implementation of security measures, and promote
security awareness and optimal security behaviour by all entities and individuals.

APPENDIX B

International air law instruments, enactment of national legislation and conclusion of appropriate agreements
for the suppression of acts of unlawful interference with civil aviation

a) International air law instruments

Whereas the protection of civil aviation from acts of unlawful interference has been enhanced by the Convention
on Offences and Certain Other Acts Committed on Board Aircraft (Tokyo, 1963), by the Convention for the Suppression
of Unlawful Seizure of Aircraft (The Hague, 1970), by the Convention for the Suppression of Unlawful Acts Against
the Safety of Civil Aviation (Montréal, 1971), by the 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 (Montréal, 1988), by the Convention on the Marking of Plastic Explosives for
the Purpose of Detection (Montréal, 1991), by the Convention for the Suppression of Unlawful Acts Relating to
International Civil Aviation (Beijing, 2010), by the Protocol Supplementary to the Convention for the Suppression of
Unlawful Seizure of Aircraft (Beijing, 2010), by the Protocol to Amend the Convention on Offences and Certain
Other Acts Committed on Board Aircraft (Montréal, 2014), and by bilateral agreements for the suppression of such
acts;

The Assembly:

1. Urges Member States which have not yet done so to become parties to the Convention on Offences and
Certain Other Acts Committed on Board Aircraft (Tokyo, 1963), to the Convention for the Suppression of Unlawful
Seizure of Aircraft (The Hague, 1970), to the Convention for the Suppression of Unlawful Acts Against the Safety of
Civil Aviation (Montréal, 1971) and the 1988 Supplementary Protocol to the Montréal Convention, to the Convention
on the Marking of Plastic Explosives for the Purpose of Detection (Montréal, 1991), to the Convention for the
Suppression of Unlawful Acts Relating to International Civil Aviation (Beijing, 2010), to the Protocol Supplementary to
the Convention for the Suppression of Unlawful Seizure of Aircraft (Beijing, 2010), and to the Protocol to Amend
the Convention on Offences and Certain Other Acts Committed on Board Aircraft (Montréal, 2014) 1;

2. Calls upon Member States not yet parties to the above-mentioned air law instruments to give effect,
even before ratification, acceptance, approval or accession, to the principles of those instruments and calls upon
Member States which manufacture plastic explosives to implement the marking of such explosives as soon as possible;
and

3. Requests the Secretary General to continue to remind Member States of the importance of becoming
parties to the Tokyo, The Hague, Montréal and Beijing Conventions, to the 1988 Supplementary Protocol to the
Montréal Convention, to the 2010 Protocol Supplementary to the Convention for the Suppression of Unlawful
Seizure of Aircraft, to the 2014 Protocol to Amend the Convention on Offences and Certain Other Acts Committed
on Board Aircraft, and to the Convention on the Marking of Plastic Explosives for the Purpose of Detection, and to
provide assistance requested by Member States encountering any difficulties in becoming parties to these instruments.

1
Lists of States Parties to aviation security legal instruments can be found at www.icao.int under the ICAO Treaty Collection.
VII-8 Assembly Resolutions in Force

b) Enactment of national legislation and conclusion of appropriate agreements

Whereas deterrence of acts of unlawful interference with civil aviation can be greatly facilitated through the enactment
by Member States of national criminal laws providing severe penalties for such acts;

The Assembly:

1. Calls upon Member States to give special attention to the adoption of adequate measures against persons
committing, planning, sponsoring, financing or facilitating acts of unlawful interference against civil aviation, and
in particular to include in their legislation rules for the severe punishment of such persons; and

2. Calls upon Member States to take adequate measures relating to the extradition or prosecution of persons
committing acts of unlawful interference against civil aviation by adopting appropriate provisions in law or treaty for
that purpose and by concluding appropriate agreements to provide for the extradition of persons committing criminal
attacks on international civil aviation.

APPENDIX C

Implementation of technical security measures

Whereas protection of civil aviation against acts of unlawful interference requires continued vigilance and development
and implementation of actions to mitigate the threat, including those in Annex 17 — Aviation Security and security-
related provisions in Annex 9 — Facilitation, by Member States;

Whereas a clear need exists for the strengthening of security to be applied to all phases and processes associated
with the carriage of persons, their cabin and hold baggage, cargo, mail, courier and express parcels, and in protecting
civil aviation against cyber-attacks, and threats to the landside areas of airports, as well as attacks carried out or
facilitated by insiders;

Whereas threats to the air cargo and mail systems as a whole require a global approach in the development
and implementation of security requirements and best practices, including continued cooperation with relevant
international organizations, such as the World Customs Organization (WCO), Universal Postal Union (UPU), and
International Maritime Organization (IMO);

Whereas the responsibility for ensuring that security measures are applied by government agencies, airport
authorities, aircraft operators and other entities rests with the Member States;

Whereas the effective implementation of the security measures advocated by ICAO is an effective means of preventing
acts of unlawful interference with civil aviation;

Whereas a broad set of risk management strategies and tools must be employed to align security measures
with security risk in order to ensure the effectiveness and sustainability of aviation security measures, taking into account
any unintended impact on the safety of civil aviation;

Whereas countermeasures for protection of civil aviation can only be effective through employment of highly trained
and competent security personnel, in addition to background checks, certification and quality control;

Whereas the COVID-19 pandemic may have required temporary alleviations of certain security requirements to be
authorized as the case may be;
VII. Unlawful Interference VII-9

Recognizing the importance of carefully assessing and addressing the risks associated with the resumption of aviation
operations, paying particular attention to risks deriving from the impact of the pandemic on staff;

Whereas the COVID-19 pandemic requires addressing security threats and risks, taking into account new health-
related risks, while ensuring a balance with facilitation and sustainability;

Whereas the integration of a robust security culture for all personnel, in both security and non-security functions, at
all levels and across the entire aviation domain, is imperative to the development and sustainability of an effective
security environment; and

Whereas technology, process innovations and appropriate training are required to achieve effective and efficient
aviation security and facilitation measures, and in defining the future of security screening regimes.

The Assembly:

1. Urges the Council to continue to attach the highest priority to the adoption of effective, evidence- and risk-
based, and operationally-viable measures for the prevention of acts of unlawful interference commensurate with the
current threat to the security of international civil aviation, to take into account the innovative and evolving nature of
that threat, and to keep up to date the provisions of Annex 17 to the Chicago Convention from a threat and risk
perspective;

2. Urges all Member States on an individual basis and in cooperation with other Member States to take all
possible measures for the prevention of acts of unlawful interference, in particular, those required or recommended
in Annex 17 as well as those recommended by the Council;

3. Reiterates the responsibility of all Member States for the implementation of effective aviation security
measures within their territory, taking into account the evolving threat;

4. Urges Member States to fully and sustainably implement Annex 17 — Aviation Security and the security-related
provisions of Annex 9 — Facilitation, to intensify their efforts for the implementation of existing Standards and
Recommended Practices (SARPs), and procedures relating to aviation security, to monitor such implementation,
to rectify any gaps or deficiencies as a matter of urgency, to take all necessary steps to prevent acts of
unlawful interference against international civil aviation and to give appropriate attention to the guidance material
contained in the ICAO Aviation Security Manual (Doc 8973 — Restricted) and other security-related guidance material
available on the ICAO restricted website;

5. Encourages Member States to place high importance on the recently adopted Standards that respond to the
insider threat and ensure their effective implementation within their respective jurisdictions, and to continue adapting and
adopting measures against this threat;

6. Encourages Member States to promote aviation security as a fundamental component of national, social and
economic priorities, planning and operations;

7. Encourages Member States to work in partnership with industry to develop, conduct operational trials of, and
implement effective security measures and innovative technologies, techniques and processes;

8. Encourages Member States and industry to coordinate their efforts to evolve aviation security screening to
become more agile in responding to new threats, more seamless and passenger-centric while ensuring security
objectives in Annex 17 — Aviation Security are constantly met;
VII-10 Assembly Resolutions in Force

9. Encourages Member States and all aviation entities to promote a strong and effective security culture in aviation;
including the development of security awareness programmes and campaigns among workforces and the general public
that emphasize that security is everyone’s responsibility;

10. Urges Member States to maintain a competent, motivated and well-trained workforce and take actions to
guarantee and maintain staff competencies that existed prior to the COVID-19 pandemic;

11. Encourages Member States to implement effective oversight, including remote techniques when restrictions or
other circumstances do not allow for on-site monitoring activities, over all aspects of their aviation security regime in
order to ensure that security measures are effectively and sustainably implemented;

12. Encourages Member States, pursuant to their domestic laws, regulations and aviation security programmes,
and in accordance with applicable SARPs, to promote the implementation of aviation security measures in a practical
manner to:

a) broaden existing cooperation mechanisms among Member States and industry, as appropriate, for
information exchange and the early detection of security threats to civil aviation operations;

b) share expertise, best practices and information relating to preventive security measures, including
screening and inspection techniques, the detection of explosives, airport security behavioural detection,
screening and credentialing of airport staff, human resource development and the research and
development of relevant technologies;

c) use modern technologies to detect prohibited items and materials and to prevent the carriage of such
items and materials on board aircraft while respecting the privacy and safety of individuals;

d) define aviation security measures that are evidence and risk-based, appropriate and proportionate to
the threat, effective, efficient, multi-layered, operationally-viable, economically- and operationally-
sustainable, and take into account the impact on passengers, crew and on legitimate trade;

e) intensify efforts in securing the air cargo and mail security system by:

1) developing a strong, sustainable and resilient air cargo security framework;

2) implementing robust security standards effectively and sustainably;
3) adopting a total supply chain approach to air cargo and mail security, if appropriate;
4) establishing and strengthening oversight and quality control of air cargo and mail security;
5) engaging in bilateral and multilateral cooperative efforts to coordinate actions to
harmonize and enhance air cargo and mail security and secure the global air cargo
supply chain;
6) sharing best practices and lessons learned with other Member States to enhance the
overall level of air cargo and mail security; and
7) strengthening initiatives to intensify capacity-building and innovation in air cargo and mail
security;

f) give consideration to the potential misuse of UAS, and apply security measures in order to prevent their
use in acts of unlawful interference;

g) ensure that civil aviation security threat and risk assessments within their respective territories and
airspace are performed continually, use these assessments to appropriately inform counter-measure
development and adjust aviation security policy settings, and provide information to relevant
stakeholders in a timely manner on all possible risks to civil aviation;
VII. Unlawful Interference VII-11

h) address the risk of attacks in landside areas, including terminal buildings, by working with all
stakeholders to:

1) maintain an appropriate balance between the needs of effective and sustainable security
measures and passenger facilitation;
2) implement a set of risk-based measures that are flexible and practical, with
clearly defined responsibilities among relevant actors;
3) avoid, to the extent possible, the creation of vulnerabilities posed by areas of mass
gathering either inside or proximate to the terminal; and
4) sustain a culture of constant vigilance, deterrence, prevention, response and
resilience in a coordinated manner in the face of evolving threats;

i) ensure the protection of civil aviation against cyber-attacks and cyber threats; and

j) address the risk posed by insiders through the exploitation of staff and their privileged access to secure
areas and sensitive security information, taking into consideration the impact of the COVID-19 pandemic
and the possibility that the pandemic has created new or exacerbated existing insider vulnerabilities.

13. Calls upon Member States, while respecting their sovereignty, to minimize disruption to air travel resulting from
confusion or inconsistent interpretation of Standards by cooperating and coordinating actions in order to implement
SARPs and guidance consistently, efficiently and effectively and by providing clear, well-timed and readily available
information to the travelling public;

14. Calls upon Member States, when requesting another State to apply security measures to protect aircraft flying
into its territory, to take fully into account the security measures already in place in the requested State and,
where appropriate, to recognize those measures as equivalent to reduce duplication;

15. Requests ICAO to:

a) ensure that the provisions of Annex 17 — Aviation Security and Annex 9 — Facilitation are compatible
with and complementary to each other;

b) continue to promote the development of effective and innovative security processes and concepts,
through awareness-raising regional and sub-regional aviation security events at the request of Member
States concerned, including in cooperation with industry stakeholders and equipment manufacturers to
develop the next generation of passenger and cargo screening processes;

c) continue to support the work of the Aviation Security Panel in addressing new and existing threats to
civil aviation, and to develop appropriate preventive evidence and risk-based measures;

d) promote the development of mutual recognition processes with the goal of assisting Member States in
achieving mutually beneficial arrangements, including one-stop security arrangements, which recognize
the equivalence of their aviation security measures where these achieve the same outcomes, consistent
with Annex 17 requirements, and which are based on an agreed comprehensive and continuous
validation process and effective ongoing exchange of information regarding their respective aviation
security systems; and

e) continue to address other threats and risks, including cyber threats to aviation security, risks to landside
areas of airports and air traffic management security, in consultation with the Aviation Security Panel
and the Cybersecurity Panel; and
VII-12 Assembly Resolutions in Force

16. Directs the Secretary General to update and amend at appropriate intervals the ICAO Aviation Security
Manual (Doc 8973 — Restricted ) and develop new guidance material designed to assist Member States in responding
to new and existing threats to aviation and implementing the specifications and procedures related to civil aviation
security;

17. Directs the Secretary General to ensure the periodic review and updating of the ICAO Aviation Security
Global Risk Context Statement (Doc 10108 — Restricted), which provides a risk assessment methodology for
aviation security which may be considered by Member States for use in further developing their own national risk
assessments and to include risk-based assessments, in line with Doc 10108, with any recommendations for the
adoption of new or amended aviation security measures in Annex 17 or in any other ICAO document;

18. Directs the Secretary General to ensure that appropriate fields of expertise are engaged in the assessment of
aviation security risks and the development of SARPs, specifications, guidance material, and other mean to address
issues of aviation security, including coordination with other panels;

19. Directs the Council to continually assess the Aviation Security Panel terms of reference and establish
governance procedures to ensure there are no constraints on the Panel’s ability to consider the full scope of
aviation security issues; and

20. Directs the Secretary General to continue to ensure that aviation security is appropriately positioned as a core
tenet and functional component of the ICAO Secretariat, commensurate with its criticality to the advancement,
sustainability, and safe and orderly development of international civil aviation.

APPENDIX D

The ICAO Universal Security Audit Programme – Continuous Monitoring Approach

Whereas the ICAO Universal Security Audit Programme – Continuous Monitoring Approach (USAP-CMA) has been
successful in meeting the mandate of Resolution A40-11, Appendix D;

Whereas one of the primary objectives of the Organization continues to be ensuring the security of international
civil aviation worldwide;

Whereas Member States are committed to compliance with Annex 17 — Aviation Security Standards, and the
security-related Standards of Annex 9 — Facilitation;

Whereas the establishment of an effective aviation security oversight system by Member States supports the
implementation of international aviation security Standards and Recommended Practices (SARPs) and contributes to
this objective;

Recalling that the ultimate responsibility to ensure the security of civil aviation rests with Member States;

Considering that the USAP-CMA has proven to be instrumental in the identification of aviation security concerns
and in providing recommendations for their resolution, and that the Programme continues to enjoy the support
of Member States, serving as a catalyst for their continued efforts to meet their international obligations in the field of
aviation security;

Considering that USAP-CMA audit results make an important contribution to the understanding of the aviation security
posture globally, regionally, and in individual Member States; and that compiled USAP-CMA data can also be used to
ascertain whether Member States are achieving the aspirational targets set out in the GASeP;
VII. Unlawful Interference VII-13

Recognizing that the effective implementation of State corrective action plans to address deficiencies identified through
USAP-CMA audits is an integral and crucial part of the monitoring process in order to achieve the overall
objective of enhancing global aviation security;

Recognizing the importance of a limited level of disclosure with respect to ICAO aviation security audit results, balancing
the need for Member States to be aware of unresolved security concerns with the need to keep sensitive security
information out of the public realm;

Considering the approval by the Council of a mechanism to address significant security concerns (SSeCs) in a
timely manner;

Recognizing the importance of a coordinated strategy for facilitating assistance to Member States through the high-
level Secretariat Monitoring and Assistance Review Board;

Recognizing that the continuation of the USAP-CMA, and the continued evolution of this programme, is essential to
create mutual confidence in the level of aviation security between Member States and to encourage the adequate
implementation of security-related Standards;

Recognizing that the impact of the COVID-19 pandemic and resource constraints have limited the frequency with which
audits can be conducted;

Recalling that the 40th Session of the Assembly requested the Council to report on the overall implementation of
the USAP-CMA;

The Assembly:

1. Notes that the USAP-CMA is fundamental in improving global aviation security through auditing and continuous
monitoring of the aviation security performance of Member States;

2. Requests the Secretary General to ensure that the USAP-CMA continues to assess and measure the sustainable
and effective implementation of Annex 17 Standards, including risk-based approaches to their compliance as appropriate,
and security-related Standards of Annex 9, and that audit prioritization is based on risk, and that USAP-CMA addresses
serious deficiencies in a timely manner;

3. Expresses its appreciation to Member States for their cooperation in the USAP-CMA audit process and for
making available security experts to be certified as USAP-CMA auditors to serve as short-term experts for the conduct
of USAP-CMA audits, as well as long-term experts to act as USAP-CMA audit team leaders;

4. Requests the Council to ensure the continuation and sufficient resourcing of the USAP-CMA and to oversee its
activities, as it monitors Member States’ ability to establish and maintain sustainable aviation security systems, in
compliance with the ICAO security-related Standards, and implementation of corrective action plans to address
deficiencies identified during USAP-CMA audits in a timely manner;

5. Notes the work carried out by the ICAO Secretariat, in consultation with Member States, to review the scope
and methodology of the USAP-CMA and urges the Secretariat to continue to improve the effectiveness of the
programme, in consultation with the Secretariat Study Group on the USAP-CMA;

6. Endorses the policy of a limited level of disclosure of USAP-CMA audit results including the prompt
notification of the existence of significant security concerns;
VII-14 Assembly Resolutions in Force

7. Urges all Member States to give full support to ICAO by:

a) signing the Memorandum of Understanding regarding the USAP-CMA;

b) preparing and submitting to ICAO all required documentation according to established timelines prior to
USAP-CMA activities as scheduled by ICAO;

c) facilitating the work of USAP-CMA teams during the conduct of USAP-CMA activities;

d) preparing and submitting an appropriate corrective action plan to address deficiencies identified during
USAP-CMA activities; and

e) implementing those corrective measures within timelines agreed upon between Member States and ICAO.

8. Requests the Secretary General to ensure the long-term financial sustainability of the USAP-CMA by taking
measures to incorporate the funding requirements for staffing and its activities within the Regular Programme Budget
as soon as possible; and

9. Requests that the Council submit a progress report to the next ordinary session of the Assembly on the
implementation of the USAP-CMA.

APPENDIX E

The ICAO Implementation Support and Development – Security Programme (ISD-SEC)

Whereas the implementation of technical measures for prevention of acts of unlawful interference with international
civil aviation requires financial resources and training of personnel; and

Whereas notwithstanding assistance given, some countries, in particular developing countries, lack aviation security
oversight capacity and still face difficulties in fully implementing preventive measures due to insufficient financial,
technical and material resources;

The Assembly:

1. Directs the Secretary General to promote efforts worldwide by Member States and other aviation entities to
deliver effective technical assistance and support for Member States by encouraging coordinated, targeted and
prioritized international aviation security capacity-building activities;

2. Urges Member States to voluntarily contribute financial and in-kind resources to increase the reach and impact
of ICAO aviation security enhancement activities;

3. Directs the Secretary General to ensure that contributions received for aviation security implementation support
and development activities be fully committed to those activities only;

4. Urges Member States able to do so to assist in the delivery of effective and targeted capacity-building activities
in the area of aviation security. Such activities should include training, technical assistance and implementation support
and development, technology transfers and the provision of other necessary resources, where it is needed to enable
all Member States to achieve an enhanced and effective aviation security regime;
VII. Unlawful Interference VII-15

5. Invites Member States to take advantage of ICAO’s capacity to provide, facilitate or coordinate short-term
remedial assistance and long-term assistance to remedy deficiencies in their implementation of Annex 17 SARPs,
and ICAO’s capacity to make best use of USAP audit results for defining and targeting aviation security capacity-
building activities for the benefit of Member States in need;

6. Invites Member States to consider requesting assistance from other international and regional organizations
to meet their technical assistance requirements arising from the need to protect international civil aviation;

7. Urges Member States and organizations to share with ICAO information on their assistance programmes and
activities in order to promote the efficient and effective use of resources;

8. Directs the Secretary General to facilitate the coordination of assistance programmes and activities to the
extent possible, including by collecting any available information on such initiatives;

9. Directs the Secretary General to monitor and evaluate the quality and effectiveness of ICAO assistance
projects and to provide regular reports on the use of financial and in-kind resources and on the measured
impacts of such contributions;

10. Urges Member States and relevant stakeholders to partner for the organization and delivery of capacity-
building activities, documenting the commitments made by each party;

11. Requests the Secretary General to update and enhance the ICAO Aviation Security Training Programme,
Aviation Security Training Packages (ASTPs) and Aviation Security Workshops, and promote other methods of
aviation security training such as e-learning and blended learning;

12. Urges Member States to contribute to the ICAO Aviation Security Training Programme activities;

13. Requests the Secretary General to oversee, develop, promote, support, maintain and regularly re-evaluate
the ICAO Aviation Security Training Centre (ASTC) network to ensure that training requirements are met and sound
levels of cooperation are achieved; and

14. Urges Member States to use ICAO ASTCs for aviation security training.

APPENDIX F

Action by the Council with respect to multilateral and bilateral cooperation in

different regions of the world

Whereas the rights and obligations of Member States under the international air law instruments on aviation security
and under the SARPs adopted by the Council on aviation security could be complemented and reinforced in
multilateral and bilateral cooperation between Member States;

Whereas the multilateral and bilateral agreements on air services represent the main legal basis for international
commercial carriage by air of passengers, baggage, cargo and mail;

Whereas provisions on aviation security should form an integral part of the multilateral and bilateral agreements on
air services; and

Whereas focusing on security outcomes, recognition of equivalence and one-stop security, and respecting the spirit
of cooperation defined in multilateral and/or bilateral air services agreements are policy principles whose
implementation can contribute significantly to aviation security sustainability;
VII-16 Assembly Resolutions in Force

The Assembly:

1. Recognizes that success in eliminating threats to civil aviation can only be achieved through the concerted
effort of everyone concerned and a close working relationship between national agencies and aviation security
regulators of all Member States;

2. Urges all Member States to insert into their multilateral and bilateral agreements on air services a clause on
aviation security, taking into account the model clause adopted by the Council on 25 June 1986 and the
model agreement adopted by the Council on 30 June 1989;

3. Urges all Member States to adopt the following key principles as the basis for international cooperation
in aviation security and to ensure effective aviation security cooperation among Member States, ICAO and other
relevant international organizations:

a) respect for the spirit of cooperation defined in bilateral and/or multilateral air services agreements;

b) recognition of equivalent security measures; and

c) focus on security outcomes;

4. Urges all Member States, who have not yet done so, to participate in the ICAO Aviation Security Point
of Contact (PoC) Network, established for the communication of imminent threats to civil air transport operations, with
the objective of providing a network of international aviation security contacts within each State, and to intensify
their coordination and cooperation to ensure the exchange of best practices through the AVSECPaedia;

5. Urges ICAO to promote initiatives which enable the establishment of technological platforms for the exchange
of aviation security information among Member States;

6. Requests that ICAO continue to:

a) encourage Member States to report on their experience in cooperating with each other to prevent acts of
unlawful interference with international civil aviation;

b) analyse differing circumstances and trends in preventing threats to international civil aviation in different
regions of the world; and

c) prepare recommendations for strengthening measures to deter and prevent such acts of unlawful
interference;

7. Directs the Council to act with the requisite urgency and expedition to address new and existing threats to civil
aviation, seeking to mitigate unnecessary disruption to air travel as a result of confusion or inconsistent implementation
or interpretation of necessary measures, facilitating a common and consistent response by Member States, and
encouraging clear communication by Member States to the travelling public.

APPENDIX G

International and regional cooperation in the field of aviation security

Recognizing that the threat posed to civil aviation requires development of an effective global response by Member
States and concerned international and regional organizations; and
VII. Unlawful Interference VII-17

Recognizing the development of the United Nations Global Counter-Terrorism Coordination Compact to strengthen the
common UN approach to supporting Member States with the implementation of the United Nations Global Counter-
Terrorism Strategy and relevant UN resolutions and mandates.

The Assembly:

1. Invites the Civil Air Navigation Services Organization (CANSO), the International Atomic Energy Agency (IAEA),
the International Criminal Police Organization (ICPO/INTERPOL), the International Maritime Organization (IMO), the
Organization for Security and Cooperation for Europe (OSCE), the United Nations Counter-Terrorism Committee
Executive Directorate (UNCTED), United Nations Office of Counter-Terrorism (UNOCT), the United Nations Office on
Drugs and Crime (UNODC), the Universal Postal Union (UPU), the World Customs Organization (WCO), the African
Union (AU), the European Union (EU), the Arab Civil Aviation Organization (ACAO), the African Civil Aviation
Commission (AFCAC), the European Civil Aviation Conference (ECAC), the Latin American Civil Aviation Commission
(LACAC), the International Air Transport Association (IATA), Airports Council International (ACI), the International
Federation of Airline Pilots’ Associations (IFALPA), the International Business Aviation Council (IBAC), the
International Coordinating Council of Aerospace Industries Associations (ICCAIA), the Global Express Association
(GEA), the International Federation of Freight Forwarders Associations (FIATA), The International Air Cargo Association
(TIACA), and other stakeholders to continue their cooperation with ICAO, to the maximum extent possible, to safeguard
international civil aviation against acts of unlawful interference;

2. Directs the Council to continue its cooperation with the UN Counter-Terrorism Committee (CTC) in areas of
aviation security and border management, in the global effort to combat terrorism and requests the Secretary General
to use the Organization’s expertise to assist the UN Counter-Terrorism Executive Directorate (UNCTED) in the conduct
of country visits to assess the counter-terrorism efforts of Member States including progress made, remaining shortfalls,
and priority areas for technical assistance needs, as well as to identify terrorism-related trends and challenges and best
practices employed in the implementation of relevant Security Council resolutions; and

3. Directs the Secretary General to use the Organization’s expertise in the field of aviation security and border
management to support the work of the UN Global Counter-Terrorism Coordination Compact framework to strengthen
the common UN approach to prevent and counter terrorism, and to assist the UN Office of Counter-Terrorism (UNOCT)
in their efforts to provide technical assistance and capacity-building support to Member States while ensuring assistance
activities are coordinated to avoid duplication of effort and ensure the efficient use of resources.

A40-12: Declaration on aviation security — affirming global

commitment to strengthening implementation

The Assembly, recognizing the need to strengthen aviation security worldwide, in light of the continuing threat to civil
aviation since the Declaration on Aviation Security of the 37th Session of the ICAO Assembly, including recent attacks on
Metrojet flight 7K9268 on 31 October 2015 and of Daallo Airlines flight DA0159 on 2 February 2016, and the armed attacks
at Brussels airport on 22 March 2016 and at Istanbul Ataturk airport on 28 June 2016; acknowledging the importance of
United Nations Security Council resolution (UNSCR) 2309 adopted on 22 September 2016 and the development of the
Global Aviation Security Plan (GASeP) endorsed by the ICAO Council on 15 November 2017; and noting with appreciation
regional aviation security conferences hosted by Egypt, Panama, Portugal and Thailand to promote the implementation of
the GASeP; and the Second High-level Conference on Aviation Security held in Montréal in 2018, hereby urges Member
States and stakeholders to take the following actions to enhance security and strengthen international cooperation to
counter threats to civil aviation:

1) place greater efforts to implement UNSCR 2309, 2341, 2395, 2396 and 2482 in accordance with the
respective competencies and affirm ICAO’s global leadership in matters relating to safeguarding
international civil aviation against acts of unlawful interference;
VII-18 Assembly Resolutions in Force

2) promote awareness of threats and risks to civil aviation through information sharing between States
and with stakeholders, and through continued attention to the ICAO Global Risk Context Statement
(Doc 10108);

3) further strengthen and promote the effective development, adoption and implementation of ICAO
Standards and Recommended Practices, with particular focus on Annex 17 — Aviation Security;

4) continue to develop and share new and innovative approaches to strengthen aviation security and
counter ongoing and emerging threats and risks;

5) ensure the swift implementation of Assembly Resolution A40-10 on Addressing Cybersecurity in Civil
Aviation;

6) take practical steps to promote security culture and security awareness programmes in partnership
with all stakeholders within the aviation environment;

7) encourage effective coordination and cooperation between aviation security and other disciplines to
ensure a holistic and coordinated approach to aviation security, facilitation and safety matters to
deliver robust national and global aviation systems;

8) take active participation in global and regional efforts towards fully meeting the GASeP objectives,
goals, aspirational targets and priorities at the national and regional levels, and share experiences
and lessons learned in implementing these actions with ICAO;

9) ensure the effective implementation of the security-related provisions of Annex 9 —Facilitation;

10) implement obligations relating to the use of Advance Passenger Information (API) and Passenger
Name Record (PNR) data, with full respect for human rights and fundamental freedoms, in
accordance with objectives of UNSCR 2396 and 2482;

11) provide technical assistance to States in need, including funding, capacity-building, access to
technology, that is sustainable and effectively addresses security threats and risks to civil aviation, in
cooperation with other States, international organizations and industry partners, consistent with the
No Country Left Behind initiative;

12) support the Organization in its development of further cooperation and coordination with other UN
agencies and other relevant international organizations to contribute towards strengthening global
aviation security efforts;

13) through increased participation and active engagement, enhance the Organization’s capacity and
capabilities to effectively address global aviation security threats and risks, including through the
prioritization of aviation security matters in both Headquarters and Regional Offices; and

14) support the work of the Organization’s Regional Offices to promote aviation security development
and collaboration amongst Member States and stakeholders.
VII. Unlawful Interference VII-19

A36-18: Financial contributions to the Aviation Security Plan

of Action

Whereas the threat of terrorist acts, unlawful seizure of aircraft and other acts of unlawful interference against civil aviation,
including acts aimed at destruction of aircraft, as well as acts aimed at using the aircraft as a weapon of destruction, have
a serious adverse effect on the safety, efficiency and regularity of international civil aviation, endanger the lives of persons
on board and on the ground and undermine the confidence of the peoples of the world in the safety of international civil
aviation;

Recalling its Resolution A35-10;

Endorsing the Aviation Security Plan of Action adopted by the Council, to urgently address the new and emerging threats
to civil aviation, in particular the establishment of an ICAO Universal Security Audit Programme relating to, inter alia, airport
security arrangements and civil aviation security programmes, the review of the adequacy of the existing aviation security
conventions and the review of the ICAO aviation security programme, including a review of Annex 17 and other related
Annexes to the Convention;

Convinced that aviation security remains a critical and priority programme of ICAO and of the need to establish and
implement work programmes in the next triennium to address the issues identified under Assembly Resolution A35-10;
and

Noting that the Secretary General had integrated close to 50 per cent of the Aviation Security Plan of Action into the
Regular Budget and that the funding required to implement the work programme relating to aviation security could not be
fully included within the Regular Budget for 2008-2010 due to budgetary and financial constraints;

The Assembly:

1. Expresses its appreciation to the Contracting States for the voluntary contributions in the form of human and
financial resources expected to reach at least US$4.6 million by the end of 2008 for the implementation of the Aviation
Security Plan of Action during the 2008-2010 triennium;

2. Urges all Contracting States, as soon as possible, and preferably as part of their 2008 assessment, to provide
voluntary contributions to finance the implementation of the Aviation Security Plan of Action, the suggested contributions
to be based upon the 2008 scales of assessments approved by the Assembly for the Regular Budget;

3. Urges all Contracting States to make pledges of voluntary contributions in advance and make contributions early
in 2008 so as to ensure the proper planning and implementation of the Aviation Security Plan of Action;

4. Urges the Council to support the long-term sustainability of the Aviation Security Plan of Action by continuing to
incorporate the funding requirements within the Regular Budget progressively, and accordingly requests that the Secretary
General make specific proposals for their complete integration in Programme budgeting for 2011-2013; and

5. Declares that this resolution supersedes Assembly Resolution A35-10.

VII-20 Assembly Resolutions in Force

A27-9: Acts of unlawful interference aimed at the destruction

of civil aircraft in flight

Considering the recent acts of unlawful interference against international civil aviation which have resulted in the deaths
of many innocent people and the destruction of civil aircraft, and expressing its most heartfelt sympathy to the families of
all those who have died as a result of these criminal acts;

Noting with abhorrence repeated acts of unlawful interference aimed at the total destruction of civil aircraft in flight and the
deaths of all on board;

Recognizing that all acts of unlawful interference against international civil aviation constitute serious crimes in violation
of international law;

Recalling its Resolutions A17-1 and A27-7;

Noting Resolution 635 of the Security Council of the United Nations;

The Assembly:

1. Condemns energetically all recent criminal acts of destruction of civil aircraft in flight;

2. Urges Member States to intensify their efforts to implement fully the Standards, Recommended Practices and
Procedures related to aviation security developed by ICAO and to take any appropriate additional security measures
whenever an increase in the level of threat so requires;

3. Requests Member States, in a position to do so, to increase technical, financial and material assistance to States
which need it to ensure universal application of these provisions;

4. Urgently requests Member States to accelerate studies and research related to security equipment and to the
detection of explosives, with a view to their widespread application as soon as practicable, and to take an active part in
the development of an international regime for the marking of explosives for detectability;

5. Directs the Council to take the necessary measures for the resumption of its work and that of its subsidiary bodies
as soon as possible following the Assembly, in order to complete in the shortest possible time the whole programme which
it adopted in its Resolution of 16 February 1989, and to undertake any other action which it considers necessary.

OTHER MATTERS RELATED TO UNLAWFUL INTERFERENCE

A36-19: Threat to civil aviation posed by man-portable air

defence systems (MANPADS)

Expressing its deep concern regarding the global threat posed to civil aviation by terrorist acts, in particular the threat
posed by man-portable air defence systems (MANPADS), other surface-to-air missiles systems, light weapons and rocket-
propelled grenades;

Recalling United Nations General Assembly resolutions 61/66 on the illicit trade in small arms and light weapons in all its
aspects, 60/77 on prevention of the illicit transfer and unauthorized access to and use of man-portable air defence systems,
61/71 on assistance to States for curbing the illicit traffic in small arms and light weapons and collecting them and 60/288
on the United Nations Global Counter-Terrorism Strategy;
VII. Unlawful Interference VII-21

Noting the International Instrument to Enable States to Identify and Trace, in a Timely and Reliable Manner, Illicit Small
Arms and Light Weapons (A/60/88) and the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-
Use Goods and Technologies, Elements for Export Controls of MANPADS, and the Inter-American Convention Against
the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and other Related Material;

Noting with satisfaction the ongoing efforts of other international and regional organizations aimed at developing a more
comprehensive and coherent response to the threat to civil aviation posed by MANPADS; and

Recognizing that the specific threat posed by MANPADS requires a comprehensive approach and responsible policies on
the part of States;

The Assembly:

1. Urges all Contracting States to take the necessary measures to exercise strict and effective controls on the
import, export, transfer or retransfer and stockpile management of MANPADS and associated training and technologies,
as well as limiting the transfer of MANPADS production capabilities;

2. Calls upon all Contracting States to cooperate at the international, regional and subregional levels with a view to
enhancing and coordinating international efforts aimed at implementing countermeasures carefully chosen with regard to
their effectiveness and cost, and combating the threat posed by MANPADS;

3. Calls upon all Contracting States to take the necessary measures to ensure the destruction of non-authorized
MANPADS in their territory, as soon as possible;

4. Urges all Contracting States to implement the International Instrument to Enable States to Identify and Trace, in
a Timely and Reliable Manner, Illicit Small Arms and Light Weapons as referred to in the United Nations General Assembly
resolution 61/66 on the illicit trade in small arms and light weapons in all its aspects;

5. Urges all Contracting States to apply the principles defined in the Elements for Export Controls of MANPADS of
the Wassenaar Arrangement;

6. Directs the Council to request that the Secretary General monitor on an ongoing basis the threat to civil aviation
posed by MANPADS, continuously develop appropriate countermeasures to this threat, and periodically request that
Contracting States inform the Organization regarding the status of implementation of the resolution and the measures
taken to fulfil its requirements; and

7. Declares that this resolution supersedes Resolution A35-11.

A35-2: Application of Article IV of the Convention on the

Marking of Plastic Explosives for the Purpose of
Detection

Recognizing the importance of the Convention on the Marking of Plastic Explosives for the Purpose of Detection in the
prevention of unlawful acts against civil aviation;

Conscious of the current proposal made by the International Explosives Technical Commission to amend the Technical
Annex to the Convention for the purpose of increasing the required minimum concentration of the detection agent
2,3-Dimethyl-2,3-Dinitrobutane (DMNB) from 0.1 to 1.0 per cent by mass;

Bearing in mind the desirability of maintaining a uniform regime for the detection system of the explosives, particularly
after the amendment to the Technical Annex; and
VII-22 Assembly Resolutions in Force

Noting the recommendation of the Legal Committee as approved by the Council that Article IV of the Convention should
be applied mutatis mutandis to the explosives which are not marked in accordance with the amended Technical Annex;

The Assembly:

Urges the ICAO Contracting States which are Parties to the Convention to apply Article IV of the Convention in their mutual
relations in the following manner:

1) The explosives which, at the time of manufacture, met the requirements in Part 2 of the Technical Annex but
which no longer meet the requirements of Part 2 because of the above-mentioned amendment to the
Technical Annex, namely to increase the minimum concentration of the detection agent DMNB from 0.1 to
1.0 per cent by mass, shall be subjected to the provisions of Article IV, paragraphs (2) and (3), from the entry
into force of that amendment.

2) Accordingly, when such an amendment to Part 2 of the Technical Annex enters into force, each State Party
not having expressly objected to the amendment shall take the necessary measures to ensure that:

a) all stocks of those explosives in its territory referred to in the preceding paragraph are destroyed or
consumed for purposes not inconsistent with the objectives of this Convention, marked or rendered
permanently ineffective within a period of three years from the entry into force of the amendment, if
these explosives are not held by its authorities performing military or police functions; and

b) all stocks of those explosives referred to in sub-paragraph (a) held by its authorities performing military
or police functions and that are not incorporated as an integral part of duly authorized military devices
are destroyed or consumed for purposes not inconsistent with the objectives of this Convention, marked
or rendered permanently ineffective within a period of fifteen years from the entry into force of the
amendment.

3) The foregoing paragraph shall apply to any State Party that withdraws its objection to the amendment as
from the date it expresses its consent to be bound.

4) The above paragraphs shall apply mutatis mutandis to any future amendment to the Technical Annex unless
any Contracting State notifies all other Contracting States and the Council that it does not agree to such
application. Such notification shall take place within the 90-day period referred to in paragraph 3 of Article
VII of the Convention.

A20-1: Diversion and seizure by Israeli military aircraft of a

Lebanese civil aircraft

A22-5: Sabotage and destruction of a Cuban civil aircraft on

scheduled service in the Caribbean with the loss of
73 passengers and crew

A35-1: Acts of terrorism and destruction of Russian civil

aircraft resulting in the deaths of 90 people —
passengers and crew members
VII. Unlawful Interference VII-23

A41-19: Addressing Cybersecurity in Civil Aviation

Whereas the global aviation system is a highly complex and integrated system that comprises systems that are critical for
the safety and security of civil aviation operations;

Noting that the aviation sector is increasingly reliant on the availability, integrity and confidentiality of information, data,
and systems;

Mindful that cyber threats to civil aviation are rapidly and continuously evolving, that aviation continues to be a target for
perpetrators in the cyber domain as in the physical one, and that cyber threats can evolve to affect critical civil aviation
systems worldwide;

Recognizing that not all cybersecurity events affecting the safety of civil aviation are unlawful and/or intentional;

Recognizing the multi-faceted and multi-disciplinary nature of cybersecurity challenges and solutions and noting that cyber
risks can simultaneously affect a wide range of aviation areas and spread rapidly;

Reaffirming the obligations under the Convention on International Civil Aviation (Chicago Convention) to ensure the safety,
security and continuity of civil aviation;

Considering that the Convention on the Suppression of Unlawful Acts Relating to International Civil Aviation (Beijing
Convention) and Protocol Supplementary to the Convention for the Suppression of Unlawful Seizure of Aircraft (Beijing
Protocol) would enhance the global legal framework for dealing with cyber-attacks on international civil aviation as crimes
and therefore wide ratification by States of those instruments would ensure that such attacks would be deterred and
punished wherever in the world they occur;

Reaffirming the importance and urgency of addressing the cybersecurity and cyber resilience of civil aviation’s critical
systems, data, and information against cyber threats and hazards, including common interfaces between civil and military
aviation;

Considering the need to work collaboratively towards the development of an effective and coordinated global framework
to address aviation cybersecurity and to support the cybersecurity and cyber resilience of the global aviation system to
cyber threats that may jeopardize the safety and/or security of civil aviation;

Recognizing ICAO’s leadership and work in the fields of aviation cybersecurity and cyber resilience across the different
aviation disciplines;

Recognizing that aviation cybersecurity needs to be harmonized at the global, regional and national levels in order to
ensure the consistency and full interoperability of protection measures and risk management systems;

Recognizing the importance of developing clear national governance and accountability for civil aviation cybersecurity,
including the designation of a competent national authority responsible for aviation cybersecurity in coordination with
concerned national authorities and agencies; and

Acknowledging the value of relevant initiatives, action plans, publications and other media designed to address
cybersecurity issues in a collaborative and holistic manner.
VII-24 Assembly Resolutions in Force

The Assembly:

1. Urges Member States to adopt and ratify the Convention on the Suppression of Unlawful Acts Relating to
International Civil Aviation (Beijing Convention) and Protocol Supplementary to the Convention for the Suppression of
Unlawful Seizure of Aircraft (Beijing Protocol) as a means for dealing with cyberattacks against civil aviation;

2. Calls upon States and industry stakeholders to take the following actions to address cyber threats to civil aviation:

a) implement the ICAO Aviation Cybersecurity Strategy, and make use of the ICAO Cybersecurity Action Plan
as a tool to support the implementation of the Aviation Cybersecurity Strategy;

b) designate the authority competent for aviation cybersecurity, and define the interaction between that
authority and concerned national agencies;

c) define the responsibilities of national agencies and industry stakeholders with regard to cybersecurity in civil
aviation;

d) develop and implement a robust cybersecurity risk management framework that draws on relevant safety
and security risk management practices, and adopt a risk-based approach to protecting critical civil aviation
systems, information, and data from cyber threats;

e) establish policies and instruments, and allocate resources to ensure that, for critical aviation systems:
system architectures are secure by design; systems are protected and resilient; data is secured and
available in storage and while in transfer; system monitoring, and incident detection and reporting, methods
are implemented; incident recovery plans are developed and practiced; and forensic analysis of cyber
incidents is carried out;

f) encourage government/industry coordination with regard to aviation cybersecurity strategies, policies, and
plans, as well as sharing of information to help identify critical vulnerabilities that need to be addressed;

g) encourage civil/military cooperation with regard to identifying, protecting, and monitoring common
vulnerabilities and data flows at interfaces between civil and military aviation systems, and collaborate in
response to common cyber threats and recovery from cyber incidents;

h) develop and participate in government/industry partnerships and mechanisms, nationally and

internationally, for the systematic sharing of information on cyber threats, incidents, trends and mitigation
efforts;

i) design and implement a robust cybersecurity culture across the civil aviation sector;

j) encourage States to continue contributing to ICAO in the development of international Standards, strategies,
and best practices to support advancing aviation cybersecurity and cyber resilience; and

k) continue collaborating in the development of ICAO’s cybersecurity framework according to a horizontal,

cross-cutting and functional approach involving aviation safety, aviation security, facilitation, air navigation,
communication, surveillance, air traffic management, aircraft operations, airworthiness, and other relevant
disciplines.

3. Instructs ICAO to:

a) continue to promote the universal adoption and ratification of the Convention on the Suppression of Unlawful
Acts Relating to International Civil Aviation (Beijing Convention) and Protocol Supplementary to the
Convention for the Suppression of Unlawful Seizure of Aircraft (Beijing Protocol); and
VII. Unlawful Interference VII-25

b) continue to ensure that cybersecurity and cyber resilience matters are considered and coordinated in a
cross-cutting manner through the new mechanism in ICAO to address aviation cybersecurity.

_____________________
PART VIII. ORGANIZATION AND PERSONNEL

ORGANIZATIONAL MATTERS

A40-20: Increasing the efficiency and effectiveness of ICAO

A32-1: Increasing the effectiveness of ICAO (measures for

continuing improvement in the 1999–2001 triennium
and beyond)

A33-3: Increasing the effectiveness of ICAO (to face new

challenges)

A22-7: Statute of the Joint Inspection Unit

GENERAL PERSONNEL POLICY

A1-51: Personnel policy

Whereas the Assembly has reviewed the actions taken by the Interim Council in establishing and developing policies and
regulations governing the terms and conditions of service for the staff of the Interim Organization;

Whereas it is necessary that the Council determine the terms and conditions of service for the staff of the Permanent
Organization; and

Whereas the Assembly notes that it has not been possible for the Interim Organization to achieve the measure of
internationalism in appointments to the Secretariat which is desirable;

The Assembly therefore:

1. Endorses in principle the personnel policies and regulations developed by the Interim Council and their
continuation until changed by action of the Council;

2. Directs that a permanent personnel policy and regulations governing service thereunder be developed on the
basis of the interim regulations, with particular regard to the recommendations on this subject contained in the report of
Commission 5 (Doc 4383, A1-AD/29); and

VIII-1
VIII-2 Assembly Resolutions in Force

3. Directs the Council to establish procedures whereby specially qualified persons may be seconded by Contracting
States for service in the Secretariat, wherever this policy would be in the best interests of the Organization.

A38-21: Term limits for the Offices of the Secretary General

and the President of the Council

Having regard to the terms of UN Resolution 51/241 “Strengthening the United Nations System”, unanimously adopted by
the UN General Assembly in 1997, which recommended that uniform terms of Office of four years, renewable once, should
be introduced for the executive heads of UN programmes, funds and other bodies of the UN Assembly and the Economic
and Social Council; and which encouraged the UN specialized agencies to consider uniform terms and term limits for their
executive heads;

Whereas the Assembly, pursuant to Article 58 of the Convention on International Civil Aviation (Chicago, 1944), may lay
down the rules governing the determination by the Council of the method of appointment and of termination of the
appointment of the Secretary General;

Considering that, on 2 and 9 June 2006, the Council decided that the Secretary General shall be appointed for a specified
term of three to four years; and that a Secretary General who has served for two terms shall not be appointed for a third
term;

Considering further that on 22 June 2011 the Council decided that the duration of all future appointments of a Secretary
General should be three years and that it should not vary between three and four years or be four years in exceptional
cases;

Whereas Article 51 does not specify the number of times a President of the Council may be re-elected, leaving it open for
a reasonable limit to be applied in practice;

Acknowledging that it would be desirable and appropriate to establish term limits for the Offices of Secretary General and
of President of the Council because such limits, while giving office holders a reasonable period of time in which to achieve
the objectives set by the Council before entering office, will also help to ensure that, periodically, ICAO will benefit from an
injection of fresh insights and expertise at top level, and from the greater range of leadership styles and cultural and
regional diversity which a regular change in the top office holders will bring; and

Acknowledging that, for similar reasons, it is desirable to apply these term limits so that no more than two full terms may
be served in either or both Offices of President of the Council or Secretary General;

The Assembly:

1. Notes the Council’s decision to introduce a limit of two terms for the Office of Secretary General, each term to be
of a duration of three years;

2. Urges Member States not to nominate, and requests the Council not to admit as a candidate for the Office of the
President of the Council, anyone who, by the date on which the office is to commence, will have served two full terms as
President;

3. Urges Member States not to nominate, and requests the Council not to admit as a candidate for the Office of
either President of the Council or Secretary General, anyone who, by the date on which the term of office is to end, would
have served for a total of more than two full terms in both offices combined; and

4. Declares that this resolution supersedes Resolution A36-28.

VIII. Organization and Personnel VIII-3

A21-12: International Civil Service Commission

A2-27: Privileges and immunities for ICAO

RECRUITMENT AND STAFFING

A4-31: National distribution in the Secretariat

Whereas the Assembly, pursuant to Article 58 of the Convention, may lay down the rules governing the determination by
Council of the method of appointment and of termination of appointment of the Secretary General and other personnel of
the Organization;

Whereas the principles contained in the ICAO Service Code (Part I — General Policy, A.-Recruitment Policy) include a
provision that recruitment shall be on as wide a geographical basis as possible and shall be directed toward the
achievement, so far as practicable, of a balanced distribution among nationals of Contracting States throughout the
Secretariat; and

Whereas it is apparent from the report of the Council to this Assembly (Doc 6980, A4-AD/1) that it has not been possible
to achieve full implementation of these principles up to the present time and that the internationally recruited personnel
belongs, in a large proportion, to a group of States of the same historical and political origin, which make use of a common
language;

The Assembly directs:

The Council to take, without prejudice to the essential of efficiency, or to the express responsibility which devolves upon
the Secretary General, appropriate measures to insure a balanced distribution among nationals of Contracting States in
the personnel of the Organization.

A14-6: Compliance with the principle of equitable

geographical representation in posts of the ICAO
Secretariat and Regional Offices

Whereas Article 58 of the Chicago Convention provides that, subject to any rules laid down by the Assembly, the Council
shall determine the method of appointment of the personnel of the Organization;

Whereas the Council is at present studying the structure of the Secretariat, recruitment policy and conditions of service;

Whereas the main burden of direction and administration of the ICAO Secretariat has so far been borne by personnel
recruited from the more advanced Contracting States;

Whereas other less advanced Contracting States may soon have available in increasing numbers personnel suitable for
recruitment at all levels; and
VIII-4 Assembly Resolutions in Force

Whereas it is most desirable for personnel from as many of these States as practicable to participate in the work of the
ICAO Secretariat;

The Assembly resolves that:

1. When recruiting staff or renewing contracts with existing staff, the principle of equitable geographical distribution
be given weight with all other relevant factors;

2. Except in the categories of the General and Language Services, Council pursue a recruitment policy which would
provide a greater proportion of short-term contracts of not more than three years initially, with the possibility of extension
from time to time for further periods not exceeding three years in the case of each such extension; and

3. In cases where it is desired to recruit a person from the Government Service of a Contracting State, the Secretary
General shall take all practical steps to obtain the consent and cooperation of that State and, if appropriate, its advice as
to the suitability of the person for the position in question.

A24-20: Compliance with and implementation of the principle

of equitable geographical representation in the posts
of the Secretariat of ICAO

Acting in accordance with Assembly Resolution A14-6, and in particular its Clause 2, concerning the principle of equitable
geographical representation in the posts of the ICAO Secretariat;

Bearing in mind that it is highly desirable to observe this principle together with other criteria in the recruitment of personnel
and the renewal of staff contracts;

Acknowledging the desire of Contracting States to have better understanding and cooperation by further promoting the
international character of the Organization; and

Reaffirming the general interest of Contracting States in maintaining a high standard of technical competence and
efficiency;

The Assembly:

1. Resolves that the Council should, as a matter of urgency:

a) adopt measures to provide for more equitable geographical distribution of posts in the ICAO Secretariat so
that the various regions of the world are, as far as possible, able to achieve adequate representation;

b) establish recruitment policies, including policies in respect of selection, promotion, renewal of contracts,
duration of contracts, extension of service, termination of appointments and ancillary matters, in order to
achieve the principle of a balanced representation among the nationals of all Contracting States in the
regions;

c) review the current practice in appointments and promotions and adopt principles, policies and methods
governing appointments, termination of appointments, promotions, extension of service, renewal and
duration of contracts in respect of key posts in the Secretariat;

d) adopt new measures for effective and timely implementation of the policies, methods and procedures
established in pursuance of a), b) and c) above; and
VIII. Organization and Personnel VIII-5

e) report to the session of the Assembly in 1986 on the measures taken to implement this resolution, on the
basis of an annual progress report presented to it by the Secretary General.

2. Invites Contracting States to encourage qualified candidates to apply for vacancies in the professional staff.

A41-26: ICAO Gender Equality Programme promoting the

participation of women in the global aviation sector

Recognizing that half of the world’s population is made up of women;

Also recognizing that promoting gender equality is part of the fight against all discriminations and contributes to greater
diversity;

Acknowledging that at the Twenty-third Special Session of the United Nations General Assembly (UNGA) in June 2000,
upon reviewing the implementation of the Beijing Declaration and Platform for Action adopted at the Fourth World
Conference on Women in September 1995, Governments committed to further actions to accelerate the implementation
of the Platform for Action and to ensure that commitments for gender equality, development and peace were fully realized;

Considering that UNGA Resolution A/RES/69/151, adopted on 18 December 2014, highlights the need raised in previous
resolutions regarding “Strengthening the institutional arrangements for support of gender equality and the empowerment
of women” and calls upon all actors, including the UN specialized agencies and the private sector, to intensify and
accelerate action to achieve the full and effective implementation of the Beijing Declaration and the Platform for Action;

Noting that in September 2015, at the United Nations Sustainable Development Summit 2015, world leaders came
together at UN Headquarters in New York to adopt the 2030 Agenda for Sustainable Development, committing their
nations to a new global partnership to reduce extreme poverty and setting out a series of goals and targets known as the
Sustainable Development Goals, of which Goal 5 is to achieve gender equality and empower all women and girls;

Welcoming the outcomes of the September 2015 Global Leader’s Meeting on Gender Equality and Women’s
Empowerment: A Commitment to Action, in which more than 80 world leaders committed to end discrimination against
women and further measures and targets to accelerate the achievement of women’s empowerment and gender equality;

Recognizing that gender equality and decent work could increase the volume of qualified human resources available to
our aviation sector;

Welcoming also the UN Women’s themes for celebration of the International Women’s Day each year, which make the
commemoration of the Day a rallying point to build support for women's rights and participation in the political and
economic arenas and decision-making capacities;

Stressing that in 2022, 27 years after the adoption of the Platform for Action, significant levels of inequality between women
and men persist in critical areas including, but not limited to, access to decent work and closing the gender pay gap;

Recalling also, the 1995 Beijing Platform for Action¸ in which the Secretary-General of the United Nations urged
international organizations and Specialized Agencies of the United Nations, such as ICAO, to establish programmes in
order to achieve the goal of 50/50 gender balance at all levels;

Noting that reaching gender equality in aviation requires mobilization at four different levels of Member States, ICAO’s
governing and technical bodies, ICAO’s Secretariat and the aviation sector, that ICAO must comprehensively and
holistically take into account in developing its gender programmes and policies and reporting on their result;
VIII-6 Assembly Resolutions in Force

Recognizing that ICAO's gender equality policy must be based on comprehensive data and statistics relevant to the four
above-mentioned levels and collected and presented on a multiannual basis and accompanied with a geographical
distribution;

Recognizing that the development of ICAO policies and programmes should be based on broader exchanges between all
pertinent stakeholders such as States, other international organizations, the aviation sector, universities and civil society;

Noting that as instructed by the Assembly through Resolution A39-30, the ICAO Gender Equality Programme was
established in 2017 with the primary aim of facilitating and coordinating targeted programmes and projects to enable and
make regular reports on progress toward the goal of gender equality by 2030, especially in professional and higher levels
of employment, within ICAO, States and the global aviation sector.

Welcoming the progress made by ICAO and Member States pursuant to ICAO Assembly Resolution A39-30 while
regretting that the progress towards gender equality remains limited and too slow;

Acknowledging that appointments to the ICAO Secretariat are based on merit, while having due regard to the importance
of recruiting staff on as wide a geographical basis as possible and ensuring equal gender representation;

Recognizing that, notwithstanding the extant challenges, ICAO should continue to focus greater attention on women’s
rights and gender equality by playing its part in furthering the goals of the Beijing Declaration and Platform for Action and
UN Sustainable Development Goal 5, and that new and ambitious steps are urgently required in order to achieve this
objective; and

Noting the Resolution adopted by the United Nations General Assembly on 20 July 2022 that decided to proclaim 24 June
of each year the International Day of Women in Diplomacy.

The Assembly:

1. Reaffirms its commitment to enhancing gender equality and the advancement of women’s development by
supporting UN Sustainable Development Goal 5: Achieve gender equality and empower all women and girls including by
aiming to achieve an aspirational goal of 50-50 (women-men) by 2030 at all professional and higher levels of employment
in the global aviation sector;

2. Also reaffirms the essential and catalytic role of the Assembly and the ICAO Council in promoting gender
equality and empowerment of women and girls, and encourages Member States to take into account the recommendations
of the Declaration on Improving Gender Representation in ICAO’s Governing and Technical Bodies, and give due regard
to ensuring equal opportunity in the nomination of qualified female candidates when nominating Representatives and other
experts to ICAO bodies, groups and meetings;

3. Requests the Secretary General to include an assessment of the progress achieved based on this Declaration
in its annual report to the Council on the implementation of the Gender Equality Programme and its Implementation Plan;

4. Encourages States to place a special emphasis on gender equality when proposing candidates for senior and
decision-making positions at the ICAO Secretariat;

5. Urges States, regional and international aviation organizations and the international aviation industry to
demonstrate strong, determined leadership and commitment to advance women’s rights and to take the necessary
measures to strengthen gender equality by supporting policies, as well as the establishment and improvement of
programmes and projects, to further women’s careers within ICAO’s governing and technical bodies, the ICAO Secretariat
and the global aviation sector;
VIII. Organization and Personnel VIII-7

6. Invites States to consider establishing ambitious goals and targets with respect to gender equality in their
aviation workforce, especially in professional, technical and management capacities, as well as matching such
commitments with adequate financing through allocation of sufficient budget and mobilization of financial resources from
all sources;

7. Agrees, in this respect, that an intermediate goal such as 25by2025 developed by IATA, according to which the
number of women in senior positions and under-represented areas should be increased by 25 per cent or up to a minimum
of 25 per cent by 2025, should serve as an inspiration for all categories of aviation stakeholders, including ICAO;

8. Urges Member States and encourages stakeholders, where applicable, to address gaps and challenges, take
specific, measurable, time-bound actions and mobilize adequate financial resources in order to advance gender equality,
strengthen the effectiveness and accountability of institutions at all levels to promote gender equality and the
empowerment of all women and girls and, when applicable, integrate a gender perspective into their civil aviation policies,
plans and processes;

9. Invites States to raise awareness on the career opportunities for girls and women in aviation and take benefit
in this respect of role models of women who have succeeded in the sector;

10. Urges States, as part of national commitments to gender equality, to work cooperatively with ICAO by sharing
best practices and working in partnership with ICAO on programmes and projects aimed at increasing the pool of women
in the aviation sector and encouraging women to further develop their aviation careers, including through the promotion of
women in aviation careers by State Ministries responsible for higher education;

11. Requests ICAO to produce multi-annual and detailed statistics on gender equality outlining progress made at
all levels and to present such statistics in its annual report on the implementation of the Gender Equality Programme and
its Implementation Plan and, every 3 years, to the Assembly and invites States to support ICAO in this endeavour;

12. Requests ICAO to develop a new Gender Equality Programme Implementation Plan 2.0 to enhance gender
equality and women empowerment at the organizational level and the aviation sector;

13. Further requests ICAO to include gender equality as a core element of its human resource strategy and policies,
by developing a comprehensive approach involving in particular recruitment, career development, promotions, training
and working conditions so as to allow a better balance between professional and personal life;

14. Suggests strengthening partnerships for gender equality between ICAO, and the aviation industry, Member
States, international organizations, and civil society, to promote, share and exchange good practices;

15. Encourages ICAO to strengthen the Secretariat’s accountability for the implementation of commitments to
gender equality and the empowerment of women and girls through the continuous implementation of the ICAO Gender
Equality Programme, particularly as part of the United Nations System; and

16. Declares that this Resolution supersedes Resolution A39-30.

VIII-8 Assembly Resolutions in Force

A40-4, Appendix M: The Headquarters’ and

Regional Offices’ technical Secretariat

A1-51: Clause 3: Secondment

APPOINTMENTS AND PROMOTIONS

A1-8: Appointments and promotions in ICAO

Whereas Article 58 of the Convention on International Civil Aviation provides that subject to any rules laid down by the
Assembly of ICAO and to the provisions of the Convention, the Council shall determine the method of appointment and of
termination of appointment, the training and the salaries, allowances and conditions of service of the Secretary General
and other personnel of ICAO, and may employ or make use of the nationals of any Contracting State;

Whereas this Assembly considers that it is desirable to define more precisely the method of appointment and promotion
of the staff of ICAO; and

Whereas the procedure adopted by the Interim Council of PICAO, whereby Appointment and Promotion Boards were
established to review the qualifications of candidates and to advise concerning appointments and promotions, meets with
the approval of the Assembly;

Now therefore the Assembly resolves:

a) That appointments and promotions of personnel on the staff of the Organization other than the Secretary
General shall be made by the Secretary General after considering the advice of Appointment and Promotion
Boards, which shall be established for this purpose by the Council and consist of such members of the
Secretariat as the Council may determine and function in accordance with such rules of procedure as the
Council may lay down; and

b) That appointments and promotions to such senior positions on the staff as the Council may determine shall
be subject to the approval of the President of the Council.

MISCELLANEOUS

A3-9: Staff Provident Fund and Pension Plan

The Third Assembly:

5. Decides to invest in the Council the authority to choose members of the ICAO Staff Pension Committee on behalf
of the Assembly, pursuant to Article 21 of the United Nations Staff Pension Fund Regulations, and to determine the number
of members to comprise this Committee.

A1-14: Clause 5: ICAO Familiarization Programme

_____________________
PART IX. LANGUAGES AND ADMINISTRATIVE SERVICES

LANGUAGES

A37-25: ICAO Policy on the language services

Whereas the provision of adequate levels of service in the working languages of ICAO pursuant to the relevant Assembly
resolutions and decisions is highly important to the world-wide dissemination of ICAO documentation, in particular the
Standards and Recommended Practices (SARPs), and to the proper functioning of the Organization and its standing
bodies;

Whereas it is essential to maintain parity and quality of service in all working languages of the Organization; and

Whereas it is vitally important to ensure a unified and harmonized understanding of ICAO publications by all Contracting
States in all ICAO working languages, in order to maintain the safety and security of international civil aviation and to
minimize the impact of aviation on the environment;

The Assembly:

1. Reaffirms that multilingualism is one of the fundamental principles to achieve goals of ICAO as the specialized
UN agency;

2. Reaffirms its previous resolutions regarding the strengthening of the working languages of ICAO;

3. Recognizes that language services are an integral part of any ICAO programme;

4. Resolves that parity and quality of service in all of the working languages of ICAO be the continuous objective of
the Organization;

5. Resolves that the introduction of a new language should not affect the quality of service in the other working
languages of the Organization;

6. Resolves that the Council continue to monitor language services, which will be a subject of review;

7. Requests the Secretary General to develop and implement a quality management system in the field of language
services;

8. Requests the Secretary General of ICAO to adhere to UN best practices related to the language Services,
including temporary recruitment of staff at peak periods and the level of outsourcing translations and interpretation;

9. Requests the Council to consider the need for amendment of Doc 7231/11 “ICAO Publications Regulations” to
provide dissemination of ICAO publications in all working languages of ICAO;

IX-1
IX-2 Assembly Resolutions in Force

10. Invites those Member States who represent ICAO’s working languages, if they so desire, to support ICAO through
the establishment of officially recognized centres for translation of ICAO publications and by the secondment of competent
staff to the ICAO Secretariat, including the Regional Offices, in order to reduce backlogs and support special events; and

11. Declares that this Resolution supersedes Assembly Resolution A31-17.

A22-30: Review of all aspects of language services

The Assembly:

Considering the need to maintain the effectiveness of ICAO in all matters concerning international civil aviation, and

Taking note of the comments in the Executive Committee which made reference to findings of the Joint Inspection Unit
Report No. JIU/REP/77/5 of July 1977 concerning the rising costs of language services, and the growing burden of the
language services on ICAO budgets,

Recommends that the Council:

1. keep under review all aspects of the language services in ICAO;

2. consider in consultation with States and make suggestions of ways in which the ICAO budget might be relieved
of the rising cost of language services; and

A22-29: Use of languages in the Air Navigation Commission

The Assembly:

Considering that the Assembly, at its 21st Session, requested the Council to study all the financial aspects of language
services in ICAO, particularly the introduction of additional working languages;

Considering that the Council has examined this question at its 83rd, 84th, and 90th Sessions and, in WP/17, has made a
very complete study of the use of languages both in ICAO and in the United Nations and its specialized agencies and also
of the functional and budgetary implications of multilingualism;

Considering that according to Rule 23 of the Rules of Procedure of the Air Navigation Commission, the Council determines
the languages in which “the discussions of the Commission shall be conducted and its documentation drawn”;

Considering that, while simultaneous interpretation in the four languages of the Organization is provided for the discussions
of the Air Navigation Commission, the documentation of the Commission is prepared and circulated in one of the four
languages only, English;

Considering that according to Rules 64 and 65 of the Standing Rules of Procedure of the Assembly of ICAO all preparatory
documentation as well as recommendations, resolutions and decisions of the Assembly shall be prepared and circulated in
the English, French, Russian and Spanish languages and “speeches made in any of the four languages shall be interpreted
into the three other languages”; that the same applies to the Council pursuant to Rules 56 and 57 of its Rules of Procedure;
that the Council has furthermore decided, in application of Rule 38 of the Rules of Procedure of its standing committees, that,
according to Rule 44 of the Rules of Procedure of the Legal Committee, the documentation of that Committee shall be
prepared and circulated in those same languages;
IX. Languages and Administrative Services IX-3

Considering, furthermore, that according to Article 51 of the Rules of Procedure of the United Nations General Assembly,
the official languages and the working languages of the General Assembly are also used in its commissions and sub-
commissions; that this rule is constantly referred to in the rules of the conferences convened under the aegis of the United
Nations;

Considering that this rule is applied in all the Specialized Agencies and that it is evident from Appendix C to WP/17 that
the non-translation of the documentation of the Air Navigation Commission is a unique exception in the United Nations
System;

Considering that such a practice is detrimental not only to the members of the Commission, but also to the national
administrations interested in its work, and that a revision of this situation would enable States to participate more fully in
one of the essential activities of ICAO;

Considering that it appears necessary and practicable to undertake such a revision while maintaining a balanced
budgetary position in ICAO, and keeping within reasonable limits the expenses required for implementation; and

Considering that it is essential, therefore, that provisions to be made for this revision be gradually implemented;

1. Decides the principle of the preparation and circulation of the working papers of the Air Navigation Commission
in the four working languages of the Organization; and

2. Charges the Council, in accordance with its responsibilities under Rule 23 of the Rules of Procedure of the Air
Navigation Commission, to monitor the progressive application of this decision, in making every effort to maintain and if
possible increase the efficiency of the Commission’s work.

A16-16: French and Spanish text of the Convention

A22-2: Amendment regarding the authentic Russian text of

the Convention

A21 Decision: Limited use of the Arabic language

(see Doc 9113, A21-EX, page 52, paragraph 44:5)

A23 Decision: Use of Arabic language at sessions of the

Assembly

(see Doc 9311, A23-EX, Vol. 1, page 18, paragraph 7:29)

A26 Decision: Extension of Arabic language services in ICAO

(see Doc 9489, A26-EX, page 25, paragraph 7:40)

IX-4 Assembly Resolutions in Force

A29-21: Strengthening the use of Arabic Language

in ICAO

The Assembly:

Recalling decisions taken at its 21st, 24th, 26th and 27th Sessions on the adoption of the Arabic language and extension
of its use in ICAO;

Noting that a number of Arab States have made voluntary contributions to strengthen the use of Arabic in the Organization;
and

Noting the desire of the Arabic-speaking States and interested States to extend the use of Arabic to include all activities
of ICAO including the Council;

1. Requests the Council and the Secretary General to take the necessary measures to intensify the progressive
use of the Arabic language in interpretation and translation services starting January 1st, 1993, including in the Council;

2. Requests the Council to closely monitor these measures with the objective of achieving the utilization of the
Arabic language in ICAO on the same level as the other languages in the Organization by the end of 1998;

3. Requests the Council to submit a progress report on the implementation of this Resolution to the next ordinary
session of the ICAO Assembly.

A22 Decision: Introduction of the Chinese language in ICAO

(see Doc 9210, A22-EX, page 51, paragraphs 17:1 and 17:2)

A31-16: Strengthening the use of Chinese Language in ICAO

The Assembly:

Recalling decisions taken at its 22nd Session of the Assembly and 140th Session of the Council on the adoption of the
Chinese language and extension of its use in ICAO;

Noting that the use of Chinese language is only limited to oral interpretation at sessions of the Assembly and the Council;

Noting that the People’s Republic of China had made voluntary contributions to strengthen the use of Chinese in the
Organization; and

Noting the importance of extension of the use of the Chinese language to include all activities of ICAO;

1. Requests the Council and the Secretary General to take the necessary measures to intensify the progressive
use of the Chinese language in interpretation and translation services as soon as possible;

2. Requests the Council to closely monitor these measures with the objective of achieving the utilization of the Chinese
language in ICAO on the same level as the other languages in the Organization by the end of year 2001 within the resources
of the Organization;
IX. Languages and Administrative Services IX-5

3. Requests the Secretary General to prepare the Authentic Chinese text of the Chicago Convention for its adoption
at an international conference convened during the next session of the Assembly; and

4. Requests the Council to submit a progress report on the implementation of this resolution to the next ordinary
session of the ICAO Assembly.

A32-2: Amendment of the Convention on International Civil

Aviation regarding the authentic Chinese text

A32-3: Ratification of the Protocol Amending the Final Clause

of the Convention on International Civil Aviation

ADMINISTRATIVE SERVICES

A31-1: Official emblem and seal of ICAO

A39-22: Formulation and implementation of Standards and

Recommended Practices (SARPs) and Procedures for
Air Navigation Services (PANS) and notification of
differences

A1-54: ICAO publications

Whereas it is essential to the attainment of the objectives of the Organization to make available to the Contracting States
in a suitable published form the results of the work of the Organization and information concerning its activities; and

Whereas, with respect to such published material, the Assembly is concerned to reduce delays in production and
distribution, to avoid duplication of contents and to minimize expense;

The Assembly therefore resolves:

1. That it shall be the policy of the Organization to publish a monthly bulletin, proceedings, standards, regional
manuals, multi-language glossaries and such other material as the Council, upon the recommendations of the Publications
Committee, may determine to be essential to meet the objectives of the Organization, within the budgetary appropriation
for the fiscal year;

2. That the Council establish regulations governing all phases of preparation and distribution of published materials;
these regulations shall define relations between the appropriate standing committees of the Council and a central
publications authority in the Secretariat having full responsibility for coordinating all aspects of the publications programme;
and
IX-6 Assembly Resolutions in Force

3. That the Secretary General submit to the Council recommendations, for its guidance in establishing such
regulations, with particular reference to the format, typography, size and method of reproducing publications, having due
regard to the needs of the users and the considerable economies which may be effected by the use of an offset printing
process, the establishment of a standing order system with purchasers to reduce wastage, the advantages of local
reproduction of certain publications at points outside Canada, the preparation and public sale of a comprehensive index
of ICAO publications, the establishment of uniformity in pricing policy, and the designation of agencies in various parts of
the world for the sale of ICAO publications.

A24-21: Publication and Distribution of Documentation

Whereas in accordance with Resolution A1-54, the Assembly has from the earliest days of the Organization recognized
its interest in reducing delays in the production and distribution of ICAO publications and documentation;

Bearing in mind the need to exercise economies and search for efficiency in the work of the Organization, the distribution
of documentation and the conduct of meetings;

Whereas there exist rules and agreements in ICAO concerning working languages;

Whereas it is of capital importance to recognize effectively that, for publications and documentation, the agreed working
languages are of equal importance in all fields and aspects of the life of the Organization;

Whereas there are already other Assembly resolutions providing for the languages used in the Air Navigation Commission,
in categorical recognition of this principle of equality; and

Whereas there must be a fair and equal opportunity for all user States to consult the documentation produced by the
Organization, in the various agreed working languages;

The Assembly:

1. Adopts simultaneous distribution in all the working languages of ICAO as a principle of policy for the publications
and documentation of the Organization according to the conditions determined by the Assembly and the Council;

2. Directs the Council:

a) In close contact with the Secretary General, to apply the above-mentioned principle of simultaneous
distribution in the agreed languages and closely monitor compliance therewith;

b) To inform future sessions of the Assembly as to the effective and complete implementation of the foregoing
principle; and

3. Invites Contracting States to cooperate with the Organization in achieving the objectives of this resolution.

A11-16: Efficiency in the preparation and conduct of meetings

A16-13: Frequency and site of ordinary sessions of the

Assembly
IX. Languages and Administrative Services IX-7

A3-5: Dispatch of documentation for ICAO meetings

The Third Assembly resolves:

2. That the Council maintain as far as practicable its present practice of dispatching main supporting documentation *
for agenda of meetings at least 90 days prior to the opening date of a meeting.

A40-4: Consolidated statement of continuing ICAO policies

and associated practices related specifically to air
navigation

_____________________

* By “main supporting documentation” is meant the Secretariat’s review of the problem plus any pertinent material of sufficient
importance to warrant inclusion with the Secretariat’s review. Any subsequent documentation, such as comments by Contracting
States on the agenda, should be distributed as soon as possible.
PART X. FINANCE

FINANCIAL REGULATIONS

A36-35: Amendment of the Financial Regulations

Whereas the Council has approved the establishment of an Ancillary Revenue Generation Fund to provide greater impetus
and sustainability of revenue generating activities while, at the same time, increasing transparency and accountability for
the operations;

Whereas the Council has approved the principle of Results-Based Budgeting to better align the financial requirements of
the Organization to its planned results;

Whereas the Council has approved the adoption of internationally recognized accounting standards approved by the
United Nations and the United Nations System’s Chief Executive Board for application on or before 1 January 2010 to
improve the quality, comparability and credibility of the United Nations system’s financial reporting;

Whereas the Council has approved further amendments to the Financial Regulations to improve clarity and to better reflect
current and future processes and practices with the implementation of a new financial system;

The Assembly:

1. Resolves that the amendments as set out below to Financial Regulations 5.2 and 6.2 are approved effective
1 January 2008;

2. Confirms the Financial Regulations approved by the Council effective 1 January 2008 as set out in the Appendix
to A35-WP/45, AD/11;

3. Notes that this Resolution supersedes, effective 1 January 2008, all previous resolutions on the Financial
Regulations (A12-35, A14-54, A14-55, A18-27, A21-35, A24-29, A32-29, A33-29 and A35-25); and

4. Approves the following changes to A36-WP/45, AD/11:

Financial Regulation 5.2

c) irrespective of a) and b) above, up to the amount by which, for one or more financial years not yet submitted
to the Assembly, actual miscellaneous income exceeds the amount of income taken into account by the
Assembly in approving the appropriations for that year or those years to finance expenditure on projects
related to the efficient delivery of the Organization’s Business Plan.

X-1
X-2 Assembly Resolutions in Force

Financial Regulation 6.2

A cash surplus is defined as the difference between accumulated surplus shown in the financial statements under the
General Fund and assessments receivable from Contracting States. A cash surplus may be used to meet expenditures
and to finance deficits in the Revolving Fund established under Financial Regulation 7.8, subject to Council approval
except that cash surplus at the end of the year prior to the year in which the Assembly is held shall be disposed of in the
manner to be decided by the Assembly.

A37-29: Amendment of the Financial Regulations

Whereas the Council is respectful of the position of the Assembly in approving the Budgets and Appropriations of the
Organization;

Whereas the Council is able to meet on a regular basis to deal with exigencies and developments affecting the amounts
appropriated; and

Whereas the Council requires the flexibility between Assembly sessions to accommodate changes in the financing needs;

The Assembly resolves that:

1. The amendments as set out in the Appendix of A37-WP/57, AD/14 to Financial Regulation 5.2 are approved
effective 1 January 2011 and to other Financial Regulations are confirmed pursuant to Financial Regulation 14.1.

A38-28: Amendment of the Financial Regulations

Whereas the Council is respectful of the position of the Assembly in approving the Budgets and Appropriations of the
Organization;

Whereas the Council is able to meet on a regular basis to deal with exigencies and developments affecting the amounts
appropriated;

Whereas the Council requires the flexibility between Assembly sessions to accommodate changes in the financing needs;

The Assembly resolves that the amendments as set out below to Financial Regulations 5.6 and 7.6 are confirmed pursuant
to Financial Regulation 14.1.
X. Finance X-3

Reg. Edited changes New revised text

No.
5.6 The Secretary General up to 10 per cent per The Secretary General up to 10 per cent per
appropriation for each Strategic Objective or appropriation for each Strategic Objective or
Supporting Strategy and, above this percentage, the Supporting Strategy and, above this percentage,
Council, irrespective of its authority under Regulation the Council, irrespective of its authority under
5.9 to effect transfers between Strategic Objectives or Regulation 5.9 to effect transfers between
Supporting Strategies, may determine that any Strategic Objectives or Supporting Strategies, may
unspent balance of appropriations in any financial year determine that any unspent balance of
during the period between normal triennial sessions of appropriations in any financial year be carried over
the Assembly be carried over to the following year. The to the following year. The total of expended and
total of expended and carried over appropriations shall carried over appropriations shall not exceed the
not exceed the Total Authorized Appropriation plus Total Authorized Appropriation plus amounts
amounts carried over from the previous year. Any carried over from the previous year. Any balance of
balance of unspent appropriations and appropriations unspent appropriations and appropriations not
not carried over to the following year shall be carried over to the following year shall be
cancelled. cancelled.

7.6 Income including from investments of, and bank Income including bank interest earned by a Fund
interest earned on, the Working Capital by a Fund and shall be credited to that Fund except:
the General Fund shall be credited to the General that
Fund except: a) Income from investments and bank
a) as Miscellaneous Income. Income from interest earned by the General Fund and
investments and bank interest on any other Working Capital Fund shall be credited to
earned by the General Fund and Working the General Fund as miscellaneous
Capital Fund shall be credited to that other income; and
the General Fund as miscellaneous income;
and b) Income from investments and bank
interest earned by Funds established in
b) Income from investments and bank interest support of the Technical Co-operation
earned by Funds established in support of Programme shall be credited to the
the Technical Co-operation Programme Administrative and Operational Services
shall be credited to the Administrative and Cost Fund (AOSC) or to the Contributor
Operational Services Cost Fund (AOSC) or as specified under the Agreement with
to the Contributor as specified under the the Contributor.
Agreement with the Contributor.
X-4 Assembly Resolutions in Force

A39-34: Amendment of the Financial Regulations

Whereas the Council is respectful of the position of the Assembly in approving the Budgets and Appropriations of the
Organization;

Whereas the Council is able to meet on a regular basis to deal with exigencies and developments affecting the amounts
appropriated;

Whereas the Council requires the flexibility between Assembly sessions to accommodate changes in the financing needs;

The Assembly resolves that the amendments as set out below to Financial Regulations 5.9, 7.3 and 11.4 are confirmed
pursuant to Financial Regulation 14.1.

Reg. Edited changes New revised text

No.
5.9 Transfers from one Strategic Objective or Supporting Transfers from one Strategic Objective or
Strategy to another may be effected by the Secretary Supporting Strategy to another may be effected
General up to an amount not exceeding 1020 per cent by the Secretary General up to an amount not
of the annual appropriation for each of the Strategic exceeding 20 per cent of the annual appropriation
Objectives or Supporting Strategies to which the for each of the Strategic Objectives or Supporting
transfer is made. Above this percentage, transfers Strategies to which the transfer is made. Above
between Strategic Objectives or Supporting Strategies this percentage, transfers between Strategic
may be effected by the Secretary General, with the Objectives or Supporting Strategies may be
prior approval of the Council after obtaining the advice effected by the Secretary General, with the prior
of the Finance Committee. All transfers, including approval of the Council after obtaining the advice
those that fall within the authority of the Secretary of the Finance Committee. All transfers, including
General, shall be reported to the Assembly. those that fall within the authority of the Secretary
General, shall be reported to the Assembly.
7.3 b) the Working Capital Fund shall be utilized to make b) the Working Capital Fund shall be utilized to
advances as necessary: make advances as necessary:
i) to the General Fund to finance temporary cash i) to the General Fund to finance temporary cash
deficits as a result of delays in receipt of income, the deficits as a result of delays in receipt of income,
sums so advanced to be reimbursed as soon as the sums so advanced to be reimbursed as soon
receipts are available for the purpose; as receipts are available for the purpose;
ii) to the relevant Joint Financing Fund for the ii) to the relevant Joint Financing Fund for the
operation of projects under agreements concluded operation of projects under agreements concluded
under Chapter XV of the Convention, for the purpose under Chapter XV of the Convention, for the
of defraying expenses pending receipt of contributions purpose of defraying expenses pending receipt of
assessable to participating States by virtue of these contributions assessable to participating States by
agreements, the outstanding balance of the sums so virtue of these agreements, the outstanding
advanced not to exceed $100 000 at any time and to balance of the sums so advanced not to exceed
be reimbursed as soon as receipts from participating $100 000 at any time and to be reimbursed as soon
States are available for the purpose; and as receipts from participating States are available
iii) in cases where the Council has approved for the purpose; and
appropriations under Regulations 5.2 a) and b), to the iii) in cases where the Council has approved
relevant special fund created under Regulation 8.4 appropriations under Regulations 5.2 a) and b), to
subject to the limit therein specified. the relevant special fund created under Regulation
8.4 subject to the limit therein specified.
11.4 The Secretary General may write off losses of cash, The Secretary General may write off losses of
stores and other assets provided that a statement of cash, stores and other assets provided that a
all such accounts written off shall be submitted to statement of all such accounts written off shall
be submitted to the External Auditors with the
X. Finance X-5

Reg. Edited changes New revised text

No.
the External Auditors with the annual accounts. For annual accounts. For individual write-off actions
individual write-off actions exceeding CAD 20 000 in exceeding CAD 20 000 in Net Book Value, prior
original value Net Book Value, prior approval of the approval of the Finance Committee must be
obtained.
Finance Committee must be obtained.

A41-31: Amendment of the Financial Regulations

Whereas the Council is respectful of the position of the Assembly in approving the Budgets and Appropriations of the
Organization;

Whereas the Council is able to meet on a regular basis to deal with exigencies and developments affecting the amounts
appropriated;

Whereas the Council requires the flexibility between Assembly sessions to accommodate changes in the financing needs;

The Assembly resolves, that the amendments as set out below to the headings of Articles I, IV, V, VI, X, and XI; deletion
of the footnotes of Doc 7515/16; revisions to Financial Regulations 1.1, 4.3, 4.4, 4.10, 5.6, 5.9, 6.6, 7.2, 7.3, 8.1, 9.1, 9.3,
10.1, 10.2, 10.3, 11.1, 12.1, 13.4, and 13.8; addition of new Financial Regulations 1.2, 1.3, 7.9, and 13.9; and the
conversion of Annex A into a new Article XV Definitions; are confirmed pursuant to Financial Regulation 14.1.

Reg. Edited changes New revised text

No.
Article I Applicability
Article I
Applicability1 and Accountability Article 1 Applicability and Accountability
1Articles IV, V and VI govern the Regular

Programme Budget, its formulation, approval,

execution, and funding and do not apply to
Technical Cooperation Programme Funds.
Pertinent provisions apply to the Administrative and
Operational Services Cost Fund, in particular
Regulations 4.1, 4.2, 4.4–4.9 inclusive, 5.1, 5.5, 5.7
and 5.8. See also Article IX
1.1 These Regulations2 shall govern the financial These Regulations shall govern the financial
administration of the International Civil Aviation administration of the International Civil Aviation
Organization. Organization.
2Annex A provides a Glossary of Terms to be used

for the interpretation of these Regulations.

1.2 New Regulation The Secretary General is responsible and accountable
to the Council for the financial management and
operation of ICAO and may delegate authority for the
implementation of specific aspects of the Financial
Regulations, documented in the Financial Rules, in line
with Article XI.
1.3 New Regulation The definitions in respect of specific terms used in these
Regulations are presented in Article XV.
X-6 Assembly Resolutions in Force

Article IV The Budget

Article IV The Regular Budget Article IV Regular Budget
4.3 The Secretary General’s Regular Budget Estimates The Secretary General’s Regular Budget Estimates
shall present the resources necessary to meet the shall present the resources necessary to meet the
results required to comply with ICAO’s obligations results required to comply with ICAO’s obligations under
under the Chicago Convention and applicable the Chicago Convention and applicable Assembly
Assembly Resolutions, as they have been Resolutions, as they have been incorporated into the
incorporated into the Business Plan for which the Business Plan.
estimates are presented.
4.4 The Secretary General’s Regular Budget Estimates The Secretary General’s Regular Budget Estimates
shall be subdivided into Programme, Programme shall be subdivided into Strategic Objectives, Supporting
Support, and Management and Administration. Strategies. and may include any other objective or
While Programme relates to Strategic Objectives, strategy related to the results-based management
Programme Support and Management and structure of the Business Plan.
Administration relate to Supporting Strategies. For
each Strategic Result and Supporting Strategy, the
budget estimates will contain required resources,
and also expected results, outputs and key
performance indicators to measure progress made
towards the attainment of results. Strategic
Objectives, Supporting Strategies, and may include
any other objective or strategy related to the results-
based management structure of the Business Plan.
4.10 The budget resolution, as defined in Regulation 4.7 The budget resolution, as defined in Regulation 4.7 c),
c), shall be voted and adopted by the Assembly by shall be voted and adopted by the Assembly by Strategic
Strategic Objectives, and Supporting Strategies, Objectives, Supporting Strategies and any other
and any other objective or strategy related to the objective or strategy related to the results-based
results-based management structure of the management structure of the Business Plan; and by
Business Plan; and by Total Authorized Total Authorized Appropriation.
Appropriation.
Article V Appropriations
Article V Regular Budget Appropriations3 Article V Regular Budget Appropriations
3 Non-cash expenditures not requiring an outlay of

funds, such as depreciation, amortization and

goods and services provided to the Organization
without charges, are not included in the
appropriations but are included in the estimates for
authorization purposes.
5.6 The unspent balance of appropriations in any The unspent balance of appropriations in any financial
financial year may be carried over to the following year may be carried over to the following year under the
year under the authority of the Secretary General for authority of the Secretary General for up to 10 per cent
up to 10 per cent per appropriation for each per appropriation for each Strategic Objective,
Strategic Objective, or Supporting Strategy or any Supporting Strategy, or any other objective or strategy
other objective or strategy that has been voted and that has been voted and adopted by the Assembly; and
adopted by the Assembly, and for any amount for any amount above this percentage, under the
above this percentage, under the authority of the authority of the Council irrespective of its authority under
Council, irrespective of its authority under Regulation 5.9. The total of expended and carried over
Regulation 5.9 to effect transfers between Strategic appropriations shall not exceed the Total Authorized
Objectives or Supporting Strategies, may determine Appropriation plus amounts carried over from the
that any unspent balance of appropriations in any previous year. Any balance of unspent appropriations
financial year be carried over to the following year.
X. Finance X-7

The total of expended and carried over and appropriations not carried over to the following year
appropriations shall not exceed the Total Authorized shall be cancelled.
Appropriation plus amounts carried over from the
previous year. Any balance of unspent
appropriations and appropriations not carried over
to the following year shall be cancelled.

5.9 Transfers from one Strategic Objective, or Transfers from one Strategic Objective, Supporting
Supporting Strategy, or any other objective or Strategy, or any other objective or strategy voted and
strategy voted and adopted by the Assembly, to adopted by the Assembly, to another may be effected by
another may be effected by the Secretary General the Secretary General up to an amount not exceeding
up to an amount not exceeding 20 per cent of the 20 per cent of the annual appropriation for each of the
annual appropriation for each of the Strategic Strategic Objectives, Supporting Strategies, or other
Objectives, or Supporting Strategies, or other objective or strategy, to which the transfer is made.
objective or strategy, to which the transfer is made. Above this percentage, transfers among Strategic
Above this percentage, transfers between among Objectives, Supporting Strategies, or other objective or
Strategic Objectives, or Supporting Strategies, or strategy, may be effected by the Secretary General, with
other objective or strategy, may be effected by the the prior approval of the Council after obtaining the
Secretary General, with the prior approval of the advice of the Finance Committee. All transfers, including
Council after obtaining the advice of the Finance those that fall within the authority of the Secretary
Committee. All transfers, including those that fall General, shall be reported to the Assembly.
within the authority of the Secretary General, shall
be reported to the Assembly.
Article VI Provision of Funds

Article VI Provision of Regular Budget Funds Article VI Provision of Regular Budget Funds

6.6 The contributions of Member States shall be The contributions of Member States shall be assessed
payable in Canadian dollars assessed partly in partly in Canadian dollars and partly in United States
Canadian dollars and partly in United States dollars, dollars, in a proportion determined by the requirements
in a proportion determined by the requirements of of the two currencies. To the extent that the Secretary
the two currencies. To the extent that the Secretary General may find it possible to accept during the
General may find it possible to accept during the financial year other currencies, the Secretary General
financial year other currencies, the Secretary may invite certain Member States to remit a portion of
General may invite certain Member States to remit their contributions in such currencies, of specified
a portion of their contributions in such currencies, of amounts, as the Secretary General may designate to the
specified amounts, as the Secretary General may extent that contributions so assessed are fair and
designate to the extent that contributions so equitable.
assessed are fair and equitable.
Article VII Establishment and Administration of Funds
7.2 The Secretary General may establish create Funds The Secretary General may create Funds or Special
or Special Accounts within the scope of the Ancillary Accounts for the purpose of efficient financial
Revenue Generation Fund referred to in Regulation administration of those Funds, Reserves and Special
7.3 c for the purpose of efficient financial Accounts, established as per the Regulation 7.1.
administration of those Funds, Reserves and
Special Accounts, established as per Regulation
7.1.

7.3 As far as the General Fund, the Working Capital As far as the General Fund, the Working Capital Fund,
Fund, and the Ancillary Revenue Generation Fund and the Ancillary Revenue Generation Fund are
are concerned: concerned:
X-8 Assembly Resolutions in Force

a) the General Fund shall be credited with a) the General Fund shall be credited with contributions
contributions (including any arrears thereof) from (including any arrears thereof) from Member States,
Member States, miscellaneous income and miscellaneous income and advances made from the
advances made from the Working Capital Fund and Working Capital Fund and shall be debited with all
shall be debited with all general expenditures of the general expenditures of the Organization and
Organization and reimbursements to the Working reimbursements to the Working Capital Fund.
Capital Fund.
b) the Working Capital Fund shall be utilized to make
b) the Working Capital Fund shall be utilized to advances as necessary:
make advances as necessary: i) to the General Fund to finance temporary
i) to the General Fund to finance temporary cash cash deficits as a result of delays in receipt of income,
deficits as a result of delays in receipt of income, the the sums so advanced to be reimbursed as soon as
sums so advanced to be reimbursed as soon as receipts are available for the purpose; and
receipts are available for the purpose;
ii) to the relevant Joint Financing Fund for the ii) in cases where the Council has approved
operation of projects under agreements concluded appropriations under Regulation 5.2 a) and b), to the
under Chapter XV of the Convention, for the relevant special fund created under Regulation 8.4
purpose of defraying expenses pending receipt of subject to the limit therein specified.
contributions assessable to participating States by
virtue of these agreements, the outstanding balance c) the Ancillary Revenue Generation Fund shall be used
of the sums so advanced not to exceed $100 000 at to administer self-financing and revenue-generating
any time and to be reimbursed as soon as receipts products and services. In the event of a deficit at the end
from participating States are available for the of a financial year, the deficit shall be funded by
purpose; and accumulated surplus or it shall be carried forward to the
iii) ii) in cases where the Council has approved next year and offset by income in that period, and the
appropriations under Regulation 5.2 a) and b), to deficit shall not be funded by the Regular Budget.
the relevant special fund created under Regulation Budgetary estimates for the Ancillary Revenue
8.4 subject to the limit therein specified. Generation Fund, showing income, expenditure and
amounts estimated for transfers to the General Fund to
c) the Ancillary Revenue Generation Fund shall be finance the Regular Budget approved by the Council,
used to record all revenues and expenditures shall be presented, together with the Regular Budget, to
relating to administer self-financing activities and the Assembly for its review and approval. The Secretary
revenue-generating products and services. In the General may make such adjustments to the budget
event of a deficit at the end of a financial year, the estimates, approved by the Assembly, as may be
deficit shall be funded by accumulated surplus or it required during the budgetary period concerned in order
shall be carried forward to the next year and offset to further enhance revenue generation, and provide
by income in that period, and the deficit shall not be adequate administration and support services to the
funded by the Regular Budget. Budgetary estimates activities of the Organization, within the terms of these
for the Ancillary Revenue Generation Fund, Financial Regulations and the resources available in the
showing income, expenditure and amounts Fund, but without reducing the amounts earmarked for
estimated for transfers to the General Fund to transfer to the General Fund. Any surplus not projected
finance the Regular Budget approved by the to be committed or expensed may be transferred to the
Council, shall be presented, together with the General Fund.
Regular Budget, to the Assembly for its review and
approval. The Secretary General may make such d) within the Ancillary Revenue Generation Fund, an
adjustments to the budget estimates, approved by operational reserve shall be established, at levels set by
the Assembly, as may be required during the the Council, to guarantee the financial viability and
budgetary period concerned in order to further integrity of the Ancillary Revenue Generation Fund. The
enhance revenue generation, and provide adequate Reserve shall be fully funded and held in irrevocable and
administration and support services to the activities promptly available liquid assets. The decision to make a
of the Organization, within the terms of these drawdown from the Operational Reserve shall rest with
Financial Regulations and the resources available the Secretary General, who will report all drawdown to
X. Finance X-9

in the Fund, but without reducing the amounts the Finance Committee at its next regular session. The
earmarked for transfer to the General Fund. Any elements to be compensated for and covered by the
surplus not projected to be committed or expensed Reserve shall be limited to:
may be transferred to the General Fund.
i) downward fluctuations or shortfalls in
d) within the Ancillary Revenue Generation Fund, resources;
the following an operational reserve shall be
established, at levels set by the Council, 1. an ii) uneven cash flows;
operational reserve, the purpose of which is to
guarantee the financial viability and integrity of the iii) increases in actual costs as compared to
Ancillary Revenue Generation Fund. The Reserve planning estimates or fluctuations in delivery; and
shall be fully funded and held in irrevocable and
promptly available liquid assets. The decision to iv) other contingencies which result in a loss of
make a drawdown from the Operational Reserve resources for which the Ancillary Revenue Generation
shall rest with the Secretary General, who will report Fund has made commitments.
all drawdown to the Finance Committee at its next
regular session. The elements to be compensated
for and covered by it the Reserve shall be limited to:
i) downward fluctuations or shortfalls in resources;
ii) uneven cash flows;
iii) increases in actual costs as compared to
planning estimates or fluctuations in delivery; and
iv) other contingencies which result in a loss of
resources for which the Ancillary Revenue
Generation Fund has made commitments.
The decision to make a drawdown from the
Operational Reserve shall rest with the Secretary
General, who will report all drawdown to the
Finance Committee at its next regular session.
7.9 New Regulation Voluntary contributions may be accepted by the
Secretary General if the contributions made are
consistent with the purposes, objectives, policies,
principles or functions of the Organization. Such
contributions shall be administered as Trust Funds and
the status of Voluntary Contributions shall be
periodically reported to the Finance Committee.
Article VIII Joint Financing of Air Navigation Facilities and Services
8.1 Unless the Assembly makes specific provision Unless the Assembly makes specific provision therefor,
therefor, projects requiring joint financing under projects requiring joint financing under Chapter XV of the
Chapter XV of the Convention shall be financed not Convention shall be financed not from the General Fund,
from the General Fund, but by assessed but by assessed contributions or other means agreed to
contributions or other means agreed to by the by the interested parties.
interested parties.
Article IX Technical Cooperation
Article IX Technical Cooperation4 Article IX Technical Cooperation
4 The Assembly has approved participation by the

Organization in programmes of technical

cooperation financed exclusively by extrabudgetary
resources, such as those provided by the United
Nations Development Programme and through
Trust Funds provided by governments and other
entities.
X-10 Assembly Resolutions in Force

9.1 The Assembly has approved participation by the The Assembly has approved participation by the
Organization in programmes of technical Organization in programmes of technical cooperation
cooperation financed exclusively by extra budgetary financed exclusively by extra budgetary resources. In
resources. In accordance with Article VII, accordance with Article VII, Regulation 7.1, the Council
Regulation 7.1, the Council authorizes the authorizes the establishment of such Funds as may be
establishment of such Funds as may be necessary necessary for the administration of programmes of
for the administration of programmes of technical technical cooperation. In line with Regulation 7.2, the
cooperation. In line with Regulation 7.2, the Secretary General may create and shall administer
Secretary General may establish create and shall those Funds, in support of the Technical Cooperation
administer such those Funds, in support of the Programme, in accordance with the applicable
Technical Cooperation Programme, in accordance provisions of these Financial Regulations and with due
with the applicable provisions of these Financial regard to the requirements of the organizations,
Regulations and with due regard to the governments and other entities providing the respective
requirements of the organizations, governments funds.
and other entities providing the respective funds.
9.3 The cost of administration and operation of the The cost of administration and operation of the
Organization’s programmes of technical Organization’s programmes of technical cooperation
cooperation shall be met by the organizations, shall be met by the organizations, governments and
governments and other entities providing the funds other entities providing the funds for technical
for technical cooperation and managed through a cooperation and managed through an Administrative
consolidated an Administrative and Operational and Operational Services Cost (AOSC) Fund.
Services Cost (AOSC) Fund. For United Nations Administrative charges shall be determined on the basis
Development Programme (UNDP) projects, of the estimated costs to be incurred by the Organization
administrative charges shall be determined in for the implementation of the project, subject to
coordination with the UNDP, and for all other Regulation 7.7.
projects, Administrative charges shall be
determined on the basis of the estimated costs to
be incurred by the Organization for the
implementation of the project, subject to Regulation
7.7.
Article X Depositories and Investments
Article X Depositaries Banking and Investments Article X Banking and Investments
10.1 The Secretary General shall designate the bank(s) The Secretary General shall designate the bank(s) or
or other financial institution(s) in which the funds of other financial institution(s) in which the funds of the
the Organization shall be kept. The Secretary Organization shall be kept. The Secretary General shall
General shall be accountable for effective cash and be accountable for effective cash and investment
investment management in accordance with criteria management in accordance with criteria and standards
and standards elaborated in the Financial Rules and elaborated in the Financial Rules and any applicable
any applicable policies. policies.
10.2 The Secretary General, with the approval of the The Secretary General may make short-term investment
Finance Committee, shall from time to time of funds in excess of immediate requirements and shall
designate trustee securities for investment periodically inform the Finance Committee on the status
purposes. may make short-term investment of funds of such investments. Long-term investment of funds
in excess of immediate requirements and shall shall require approval by the Finance Committee.
periodically inform the Finance Committee on the
status of such investments. Long term investment of
funds shall require approval by the Finance
Committee.
10.3 The Secretary General may make investments in The selection of banking partners and the management
such designated trustee securities and shall inform of relationships with financial institutions shall be in
the Finance Committee periodically of such accordance with criteria and standards elaborated in the
investments. The selection of banking partners and
X. Finance X-11

the management of relationships with financial Financial Rules and in ICAO guidelines established for
institutions shall be in accordance with criteria and cash and investment management.
standards elaborated in the Financial Rules and in
ICAO guidelines established for cash and
investment management.
Article XI Internal Control and Internal Audit
Article XI Internal Control and Internal Audit Article XI Internal Control and Internal Oversight
Oversight
11.1 The Secretary General shall: The Secretary General shall:

a) establish detailed financial rules and procedures a) establish detailed financial rules and procedures in
in order to ensure effective financial administration order to ensure effective financial administration and the
and the exercise of economy; exercise of economy;

b) establish and enforce a Procurement Code that b) establish and enforce a Procurement Code that
regulates the conduct of all procurement activities, regulates the conduct of all procurement activities,
including solicitation, evaluations, and approval of including solicitation, evaluations, and approval of all
all procurement for goods and services, including procurement for goods and services, including third-
third-party procurement; party procurement;

b) c) cause all payments to be made on the basis of c) cause all payments to be made on the basis of
supporting documents which ensure that the supporting documents which ensure that the services or
services or goods have been received and have not goods have been received and have not already been
already been paid for; paid for;

c) d) designate the officers who may receive monies d) designate the officers who may receive monies and,
and, subject to Regulation 11.2, may incur subject to Regulation 11.2, may incur expenditures and
expenditures and make payments on behalf of the make payments on behalf of the Organization;
Organization; and;
e) ensure that refunds of any contributed funds and
e) ensure that refunds of any contributed funds and applicable interest, if any, shall only be made to the
applicable interest, if any, shall only be made to the original donor entity or a legally administered trust fund
original donor entity or a legally administered trust on behalf of the entity;
fund on behalf of the entity;
f) maintain a system of internal controls, in line with the
d) f) maintain a system of internal controls, in line Organization’s Enterprise Risk Management and
with the Organization’s Enterprise Risk Internal Control Framework and a separate internal
Management and Internal Control Framework and oversight function as described in the OIO Charter.
a separate internal audit oversight function, as
described in the OIO Charter., which shall assess
and contribute to the improvement of governance,
risk management, and control processes; and to
the improvement of programme management and
the achievement of results provide for an effective
current examination and ex post facto review of the
operation of the system of internal control. These
two measures being provided to shall ensure, inter
alia:
i) the regularity of the receipt, custody and disposal
of all funds and other financial resources of the
Organization;
X-12 Assembly Resolutions in Force

ii) the conformity of expenditures with the

appropriations or other financial provisions, or with
the purposes and rules relating to Funds, Reserves
and Special Accounts; and
iii) the economical use of the resources of the
Organization.
Article XII Accounts and Financial Statements
12.1 The Secretary General shall maintain such The Secretary General shall maintain such accounting
accounting records as are necessary and shall records as are necessary and shall submit annual
submit annual financial statements in accordance financial statements in accordance with the International
with the International Public Sector Accounting Public Sector Accounting Standards (IPSAS) adopted
Standards (IPSAS) accounting standards adopted by the United Nations Organizations. The statements
by the United Nations Organizations. The shall also include:
statements shall also include:
a) the status of appropriations including:
a) the status of appropriations including:
i) the appropriations voted by the Assembly; i) the appropriations voted by the Assembly;
ii) the said appropriations as modified by any
transfers and any new appropriations made under ii) the said appropriations as modified by any
Regulation 5.2, and transfers and any new appropriations made under
iii) the amounts charged against the appropriations; Regulation 5.2, and
and
b) credits not budgeted for by the Assembly. iii) the amounts charged against the
appropriations; and

b) credits not budgeted for by the Assembly.

Article XIII External Audit
13.4 The audit shall be conducted in conformity with The audit shall be conducted in conformity with generally
generally accepted common auditing standards accepted common auditing standards and, subject to
and, subject to any special direction of the any special direction of the Assembly, in accordance
Assembly, in accordance with the additional terms with the additional terms of reference set out in the
of reference set out in the Annex B to the present Annex to the present Regulations.
Regulations.
13.8 The report of the External Auditor on the audit of the The report of the External Auditor on the audit of the
financial statements and relevant schedules relating financial statements and relevant schedules relating to
to the accounts for the financial period shall include the accounts for the financial period shall include such
such information as the External Auditor deems information as the External Auditor deems necessary
necessary with regard to matters referred to in with regard to matters referred to in Regulation 13.5 and
Regulation 13.5 and in the additional terms of in the additional terms of reference in the Annex.
reference in the Annex B.
13.9 New Regulation As part of a common internal control and audit
framework in the United Nations system organizations,
the Single Audit Principle shall apply.
Annex B Additional Terms of Reference Governing Annex - Additional Terms of Reference Governing the
the External Audit External Audit
Annex A Glossary of Terms
Annex A Glossary of Terms Article XV Definitions Article XV Definitions
1 “Allotment” or “allocation of funds”: Allotment” or “allocation of funds”:
a) when used in respect to the Regular Budget, shall
mean the document, electronic or otherwise, which a) when used in respect to the Regular Budget, shall
mean the document, electronic or otherwise, which
X. Finance X-13

enables and authorizes expenditures against enables and authorizes expenditures against Regular
Regular Budget Funds. Budget Funds.
b) when used with all other Funds, Reserves and b) when used with all other Funds, Reserves and
Special Accounts, shall mean that funds are Special Accounts, shall mean that funds are available
available and received by the Organization, thus and received by the Organization, thus allowing
allowing expenditures to occur. expenditures to occur.
2 “Business Plan” shall mean the document that sets “Business Plan” shall mean the document that sets the
the overall direction and provides the framework for overall direction and provides the framework for guiding
guiding ICAO to achieve objectives and ICAO to achieve objectives and strategies.
strategies.the Business Plan of the Organization,
representing the operational plan for implementing
the Strategic Objectives of the Organization.
3 “Capital Expenditures” shall mean tangible assets,
such as property, plant and equipment, and
capitalized intangible assets (also called fixed
assets), which are held by the Organization and
have a useful life of more than one year.
4 “Commitment” shall mean an engagement or an “Commitment” shall mean an engagement or an
obligation to conclude a transaction with a third obligation to conclude a transaction with a third party, by
party, by contract or other means, during the current contract or other means, during the current year or
year or subsequent years. subsequent years.
“Ex gratia payment” shall mean a payment made where
there is no legal liability but the moral obligation to make
such payment is justifiable.
5 “Expenditure” shall mean the sum of disbursements “Expenditure” shall mean the sum of disbursements and
and unliquidated commitments where unliquidated commitments where “disbursement” shall
“disbursement” shall mean the amount paid and mean the amount paid and shall be used
shall be used interchangeably with the term interchangeably with the term “payments”.
“payments”. the use of funds by the Organization or
a commitment to pay at a later date cash or
equivalent for the acquisition of goods and services,
that will generally translate into the operating
expenses or capital spending of the Organization.
6 “Expenses” shall mean decreases in economic “Expenses” shall mean decreases in economic benefits
benefits or service potential during the reporting or service potential during the reporting period in the
period in the form of outflows or consumption of form of outflows or consumption of assets or incurrences
assets or incurrences of liabilities that result in of liabilities that result in decreases in net assets/equity,
decreases in net assets/equity, other than those other than those relating to distributions to owners.
relating to distributions to owners.
7 “Fixed assets” shall mean property, plant and “Fixed assets” shall mean property, plant and
equipment, and intangible assets capitalized under equipment, and intangible assets capitalized under
IPSAS and the Organization’s policy. IPSAS and the Organization’s policy.
8 “Full cost” shall mean all direct and indirect costs “Full cost” shall mean all direct and indirect costs
attributable to the administration, operation and attributable to the administration, operation and support
support of the Organization’s activities. of the Organization’s activities.
9 “Fund” or “Special Account” shall mean an account “Fund” or “Special Account” shall mean the set of
or accounts set aside for a specific purpose the set accounting records established to record and report on
of accounting records established to record and the financial transactions, and the terms may be used
report on the financial transactions, and the terms interchangeably. Funds may be restricted internally by
may be used interchangeably. Funds may be the Secretariat or externally by a contributor, a Member
restricted internally by the Secretariat or externally State, the Council, or the Assembly.
X-14 Assembly Resolutions in Force

by a contributor, a Member State, the Council, or the

Assembly.
10 “Income” relates to funding sources and includes
proceeds from the sale of fixed assets.
11 “Liabilities” shall mean present obligations of the “Liabilities” shall mean present obligations of the entity
entity arising from past events, the settlement of arising from past events, the settlement of which is
which is expected to result in an outflow from the expected to result in an outflow from the entity of
entity of resources embodying economic benefits or resources embodying economic benefits or service
service potential potential
12 “Miscellaneous Income” shall mean any funds “Miscellaneous Income” shall mean any funds earned by
earned by the Organization as a result of interest the Organization as a result of interest revenue, fees
revenue, fees charged for services and indirect charged for services and indirect costs, and other sundry
costs, and other sundry receipts. receipts.
13 “Revenue” shall mean the gross inflow of economic
benefits or service potential during the reporting
period when those inflows result in an increase in
net assets/equity, other than increases relating to
contributions from owners.
“Revenue" and “Income” shall mean the increase in
economic benefits during the accounting period in the
form of inflows or enhancements of assets or decreases
of liabilities that result in increases in equity. “Revenue”
and “Income” are used inter-changeably in this
document.
14 “Revolving Fund” shall mean a Fund established “Revolving Fund” shall mean a Fund established under
under the Financial Regulations for a particular the Financial Regulations for a particular purpose and
purpose and financed by an ongoing basis by financed by an ongoing basis by various sources of
various sources of funding such as transfers and funding such as transfers and current operations from
current operations from other Funds. It may be used other Funds. It may be used to finance specific
to finance specific expenditures, deficits and expenditures, deficits and accumulated deficits in whole
accumulated deficits in whole or in part. or in part.
“Single Audit Principle” shall mean that, given a control
system where the control and audit functions are based
on common methods, they enable auditors of one
institution to rely on the work of auditors from another
institution instead of re-performing the audit themselves.
15 “Strategic Objectives” shall mean the units into “Strategic Objectives” shall mean the units into which the
which the programmatic elements of the Business programmatic elements of the Business Plan shall be
Plan shall be subdivided. subdivided.
16 “Supporting document” shall mean a document “Supporting document” shall mean a document justifying
justifying a transaction, which is used for control and a transaction, which is used for control and recording
recording purposes. It also includes electronic forms purposes. It also includes electronic forms used for
used for these purposes. these purposes.
17 “Supporting Strategies” shall refer to all “Supporting Strategies” shall refer to all management
management and administrative activities included and administrative activities included in the Regular
in the Regular Budget. Budget.
“Third-party Procurement” shall mean procurement
conducted by ICAO at the request of and on behalf of
third parties.
18 “Trustee Security” shall mean those financial
instruments approved by the Finance Committee for
use in investing the Organization’s funds other than
X. Finance X-15

term deposits in the banks and institutions referred

to in Regulation 10.1.
“Triennium” shall mean a period of three consecutive
financial years reflecting the Organization’s planning
and budget cycle.
“Trust Fund” shall mean a Fund established to
administer moneys received by ICAO on behalf of and
for purposes specified by the contributor. While they are
considered extra-budgetary resources, their use must
be consistent with the policies, aims, and activities of
ICAO.
“Voluntary contribution” shall mean resources in cash or
in-kind provided by a donor in support of ICAO's
mandate.
“Write-Off” shall mean an accounting action that reduces
the value of an asset including cash, inventories,
receivables or other assets.

ASSESSMENTS

A36-31: Apportionment of the expenses of ICAO among

Contracting States (Principles to be applied in the
determination of scales of assessment)

The Assembly resolves:

1. that scales of assessments for the apportionment of expenses of the Organization shall be determined on the
basis of the principles set out below:

a) The general principles determining the basis of apportionment of expenses among Contracting States are:

1) capacity of Contracting States to pay, as measured by national income, taking into consideration
national income per head of population;

2) a Contracting State’s interest and importance in civil aviation;

3) the use of a percentage system to apportion each State’s share of the expenses of the Organization out
of the total of 100 per cent;

4) the determination of a minimum and a maximum contribution.

b) In respect of the principles at paragraph a):

1) the percentage system shall express the contributions of States to two places of decimals;

2) the minimum contribution of any one Contracting State shall be .06 per cent for a full financial year;

3) the maximum contribution to be paid by any one Contracting State in any one year shall not, as a matter
of principle, exceed 25 per cent of the total contribution.
X-16 Assembly Resolutions in Force

c) In the application of the principles at paragraph a), the following shall be taken into account:

1) in the computation of the scale, capacity to pay shall carry a weight of 75 per cent and interest and
importance in civil aviation a weight of 25 per cent, and from these shall be obtained coefficient figures
for each State expressed as percentages of the whole;

2) in taking account of the capacity of Contracting States to pay, only total national income and per capita
income shall be considered as being subject to quantitative evaluation and to inclusion in the computed
scale;

3) the adjustment to each State’s national income shall be based on the arrangements in force in this
regard in the United Nations at the time that the scales of assessments of the Organization are prepared
by the Secretary General;

4) interest and importance in civil aviation shall be measured by the capacity tonne-kilometres available
on each State’s scheduled air services;

5) capacity tonne-kilometres shall be given a weight of 75 per cent for international services and 25 per
cent for domestic services.

d) The difference between the maximum contribution by application of the principles and the fixed maximum
contribution shall be distributed over the remaining Contracting States by applying the same principles.

e) The increase in a State’s contribution as compared with the previous year’s, expressed in per cent of the
total contribution, shall not exceed 20 per cent of the previous year’s contribution for the year 2008 and no
further limitation principle will be applied for subsequent years.

2. that the approved scales of assessments shall not be adjusted to include the assessments of new Member States
joining the Organization in the interval between Assemblies; the assessments of these new States shall be kept in addition
to the existing 100 per cent scale and their contributions shall be credited to the General Fund;

3. that the draft scales of assessments for each successive triennial period shall be prepared by the Secretary
General on the basis of the principles set out in Clause 1 above; and

4. that this resolution consolidates the existing assessment principles of the Organization and supersedes, effective
1 January 2008, resolutions A21-33 and A23-24.

A26-23: Ways and means of overcoming delays in payment of

assessments

The Assembly notes that:

1. in accordance with Resolution A24-28, Clause 5, the Council has reported upon and the Assembly has considered
ways and means of overcoming delays in the payment of assessments;

2. while long-term arrears create financial difficulties for the Organization, of particular concern are the delays in
payment of current year contributions which give rise to cash shortages and threaten the Organization’s ability to meet its
current obligations;
X. Finance X-17

3. in preparing the Budget, provision should only be made for interest income which is expected to be earned from
investment of unutilized Working Capital Funds. No provision should be made for other interest income which would be
dependent on the timing of contribution payments by Contracting States, since the timing of contribution payments is
outside of the Organization’s control.

Resolves:

1. that the current policy of making direct representations to States for timely payment of current year assessments,
informing them of the serious repercussions of delays in assessment payments on the functioning of the Organization be
intensified;

2. that a scheme of incentives be implemented effective 1 January 1987 to encourage timely payment of assessed
contributions, whereby amounts of realized surplus in each of the three financial years preceding the year of the Assembly,
up to a maximum equivalent to the Organization’s interest earnings on investments in each of these years would be
distributed to Contracting States according to a weighted scale on the basis of the dates and amounts of current year
contributions paid-in as well as the share of undistributed surpluses accrued from previous years’ budgets;

3. that following adoption of the audited accounts by the Assembly, an incentive amount equivalent to the interest
earned for the three years will be apportioned among the Contracting States according to the incentive points accumulated
over the three-year period. If the amount of surplus available for distribution is less than the interest earned, only the
amount available for distribution will be apportioned. The appropriate share of incentive so calculated will be distributed to
Contracting States along with other budget surpluses distributed in accordance with Financial Regulation 6.2 (a).

A36-34: Working Capital Fund

A36-32: Assessments to the General Fund for 2008, 2009

and 2010

A37-27: Assessments to the General Fund for 2011, 2012 and

2013

A38-26: Assessments to the General Fund for 2014,

2015 and 2016

A39-32: Assessments to the General Fund for 2017,

2018 and 2019
X-18 Assembly Resolutions in Force

The Assembly:

Resolves that the amounts to be assessed on Member States for 2017, 2018 and 2019 pursuant to Article 61,
Chapter XII, of the Convention shall be determined in accordance with the scales set out in the Table below:

2017 2018 2019

per cent per cent per cent

Afghanistan 0.06 0.06 0.06

Albania 0.06 0.06 0.06
Algeria 0.13 0.13 0.13
Andorra 0.06 0.06 0.06
Angola 0.09 0.09 0.09

Antigua and Barbuda 0.06 0.06 0.06

Argentina 0.69 0.69 0.69
Armenia 0.06 0.06 0.06
Australia 2.06 2.06 2.06
Austria 0.60 0.60 0.60

Azerbaijan 0.06 0.06 0.06

Bahamas 0.06 0.06 0.06
Bahrain 0.09 0.09 0.09
Bangladesh 0.08 0.08 0.08
Barbados 0.06 0.06 0.06

Belarus 0.06 0.06 0.06

Belgium 0.76 0.76 0.76
Belize 0.06 0.06 0.06
Benin 0.06 0.06 0.06
Bhutan 0.06 0.06 0.06

Bolivia (Plurinational State of) 0.06 0.06 0.06

Bosnia and Herzegovina 0.06 0.06 0.06
Botswana 0.06 0.06 0.06
Brazil 2.94 2.94 2.94
Brunei Darussalam 0.06 0.06 0.06

Bulgaria 0.06 0.06 0.06

Burkina Faso 0.06 0.06 0.06
Burundi 0.06 0.06 0.06
Cabo Verde 0.06 0.06 0.06
Cambodia 0.06 0.06 0.06
X. Finance X-19

2017 2018 2019

per cent per cent per cent
Cameroon 0.06 0.06 0.06
Canada 2.61 2.61 2.61
Central African Republic 0.06 0.06 0.06
Chad 0.06 0.06 0.06
Chile 0.42 0.42 0.42

China 7.95 7.95 7.95

Colombia 0.31 0.31 0.31
Comoros 0.06 0.06 0.06
Congo 0.06 0.06 0.06
Cook Islands 0.06 0.06 0.06

Costa Rica 0.06 0.06 0.06

Côte d'Ivoire 0.06 0.06 0.06
Croatia 0.07 0.07 0.07
Cuba 0.06 0.06 0.06
Cyprus 0.06 0.06 0.06

Czechia 0.27 0.27 0.27

Democratic People's Republic of Korea 0.06 0.06 0.06
Democratic Republic of the Congo 0.06 0.06 0.06
Denmark 0.45 0.45 0.45
Djibouti 0.06 0.06 0.06

Dominican Republic 0.06 0.06 0.06

Ecuador 0.07 0.07 0.07
Egypt 0.22 0.22 0.22
El Salvador 0.06 0.06 0.06
Equatorial Guinea 0.06 0.06 0.06

Eritrea 0.06 0.06 0.06

Estonia 0.06 0.06 0.06
Ethiopia 0.16 0.16 0.16
Fiji 0.06 0.06 0.06
Finland 0.43 0.43 0.43

France 4.13 4.13 4.13

Gabon 0.06 0.06 0.06
Gambia 0.06 0.06 0.06
Georgia 0.06 0.06 0.06
Germany 5.48 5.48 5.48
X-20 Assembly Resolutions in Force

2017 2018 2019

per cent per cent per cent

Ghana 0.06 0.06 0.06

Greece 0.35 0.35 0.35
Grenada 0.06 0.06 0.06
Guatemala 0.06 0.06 0.06
Guinea 0.06 0.06 0.06

Guinea-Bissau 0.06 0.06 0.06

Guyana 0.06 0.06 0.06
Haiti 0.06 0.06 0.06
Honduras 0.06 0.06 0.06
Hungary 0.18 0.18 0.18

Iceland 0.06 0.06 0.06

India 0.85 0.85 0.85
Indonesia 0.55 0.55 0.55
Iran (Islamic Republic of) 0.38 0.38 0.38
Iraq 0.09 0.09 0.09

Ireland 0.60 0.60 0.60

Israel 0.41 0.41 0.41
Italy 2.75 2.75 2.75
Jamaica 0.06 0.06 0.06
Japan 7.50 7.50 7.50

Jordan 0.06 0.06 0.06

Kazakhstan 0.17 0.17 0.17
Kenya 0.07 0.07 0.07
Kiribati 0.06 0.06 0.06
Kuwait 0.25 0.25 0.25

Kyrgyzstan 0.06 0.06 0.06

Lao People’s Democratic Republic 0.06 0.06 0.06
Latvia 0.06 0.06 0.06
Lebanon 0.06 0.06 0.06
Lesotho 0.06 0.06 0.06

Liberia 0.06 0.06 0.06

Libya 0.11 0.11 0.11
Lithuania 0.06 0.06 0.06
Luxembourg 0.27 0.27 0.27
X. Finance X-21

2017 2018 2019

per cent per cent per cent
Madagascar 0.06 0.06 0.06

Malawi 0.06 0.06 0.06

Malaysia 0.60 0.60 0.60
Maldives 0.06 0.06 0.06
Mali 0.06 0.06 0.06
Malta 0.06 0.06 0.06

Marshall Islands 0.06 0.06 0.06

Mauritania 0.06 0.06 0.06
Mauritius 0.06 0.06 0.06
Mexico 1.16 1.16 1.16
Micronesia (Federated States of) 0.06 0.06 0.06

Monaco 0.06 0.06 0.06

Mongolia 0.06 0.06 0.06
Montenegro 0.06 0.06 0.06
Morocco 0.11 0.11 0.11
Mozambique 0.06 0.06 0.06

Myanmar 0.06 0.06 0.06

Namibia 0.06 0.06 0.06
Nauru 0.06 0.06 0.06
Nepal 0.06 0.06 0.06
Netherlands 1.58 1.58 1.58

New Zealand 0.31 0.31 0.31

Nicaragua 0.06 0.06 0.06
Niger 0.06 0.06 0.06
Nigeria 0.16 0.16 0.16
Norway 0.76 0.76 0.76

Oman 0.13 0.13 0.13

Pakistan 0.13 0.13 0.13
Palau 0.06 0.06 0.06
Panama 0.12 0.12 0.12
Papua New Guinea 0.06 0.06 0.06

Paraguay 0.06 0.06 0.06

Peru 0.16 0.16 0.16
Philippines 0.30 0.30 0.30
X-22 Assembly Resolutions in Force

2017 2018 2019

per cent per cent per cent
Poland 0.62 0.62 0.62
Portugal 0.41 0.41 0.41

Qatar 0.83 0.83 0.83

Republic of Korea 2.18 2.18 2.18
Republic of Moldova 0.06 0.06 0.06
Romania 0.14 0.14 0.14
Russian Federation 2.77 2.77 2.77

Rwanda 0.06 0.06 0.06

Saint Kitts and Nevis 0.06 0.06 0.06
Saint Lucia 0.06 0.06 0.06
Saint Vincent and the Grenadines 0.06 0.06 0.06
Samoa 0.06 0.06 0.06

San Marino 0.06 0.06 0.06

Sao Tome and Principe 0.06 0.06 0.06
Saudi Arabia 1.12 1.12 1.12
Senegal 0.06 0.06 0.06
Serbia 0.06 0.06 0.06

Seychelles 0.06 0.06 0.06

Sierra Leone 0.06 0.06 0.06
Singapore 1.01 1.01 1.01
Slovakia 0.11 0.11 0.11
Slovenia 0.06 0.06 0.06

Solomon Islands 0.06 0.06 0.06

Somalia 0.06 0.06 0.06
South Africa 0.39 0.39 0.39
South Sudan 0.06 0.06 0.06
Spain 2.03 2.03 2.03

Sri Lanka 0.08 0.08 0.08

Sudan 0.06 0.06 0.06
Suriname 0.06 0.06 0.06
Swaziland 0.06 0.06 0.06
Sweden 0.71 0.71 0.71

Switzerland 1.04 1.04 1.04

Syrian Arab Republic 0.06 0.06 0.06
X. Finance X-23

2017 2018 2019

per cent per cent per cent
Tajikistan 0.06 0.06 0.06
Thailand 0.59 0.59 0.59
The former Yugoslav Republic of Macedonia 0.06 0.06 0.06

Timor-Leste 0.06 0.06 0.06

Togo 0.06 0.06 0.06
Tonga 0.06 0.06 0.06
Trinidad and Tobago 0.06 0.06 0.06
Tunisia 0.06 0.06 0.06

Turkey 1.30 1.30 1.30

Turkmenistan 0.06 0.06 0.06
Uganda 0.06 0.06 0.06
Ukraine 0.10 0.10 0.10
United Arab Emirates 2.25 2.25 2.25

United Kingdom 4.27 4.27 4.27

United Republic of Tanzania 0.06 0.06 0.06
United States 20.24 20.24 20.24
Uruguay 0.06 0.06 0.06
Uzbekistan 0.06 0.06 0.06

Vanuatu 0.06 0.06 0.06

Venezuela (Bolivarian Republic of) 0.41 0.41 0.41
Viet Nam 0.14 0.14 0.14
Yemen 0.06 0.06 0.06
Zambia 0.06 0.06 0.06

Zimbabwe 0.06 0.06 0.06

100.00 100.00 100.00

X-24 Assembly Resolutions in Force

A40-30: Assessments to the General Fund for 2020, 2021 and

2022

The Assembly resolves:

1. that the amounts to be assessed on Member States for 2020, 2021 and 2022 pursuant to Article 61,
Chapter XII, of the Convention shall be determined in accordance with the scales set out below:

Draft Scales of
Assessment
Member States 2020, 2021, 2022
%
Afghanistan 0.06
Albania 0.06
Algeria 0.11
Andorra 0.06
Angola 0.08
%
Antigua and Barbuda 0.06
Argentina 0.70
Armenia 0.06
Australia 1.91
Austria 0.55

Azerbaijan 0.07
Bahamas 0.06
Bahrain 0.09
Bangladesh 0.09
Barbados 0.06

Belarus 0.06
Belgium 0.70
Belize 0.06
Benin 0.06
Bhutan 0.06

Bolivia (Plurinational State of) 0.06

Bosnia and Herzegovina 0.06
Botswana 0.06
Brazil 2.27
Brunei Darussalam 0.06
X. Finance X-25

Draft Scales of
Assessment
Member States 2020, 2021, 2022
Bulgaria 0.06
Burkina Faso 0.06
Burundi 0.06
Cabo Verde 0.06
Cambodia 0.06

Cameroon 0.06
Canada 2.51
Central African Republic 0.06
Chad 0.06
Chile 0.41

China 11.39
Colombia 0.32
Comoros 0.06
Congo 0.06
%
Cook Islands 0.06

Costa Rica 0.06

Côte d'Ivoire 0.06
Croatia 0.06
Cuba 0.06
Cyprus 0.06

Czechia 0.24
Democratic People's Republic of Korea 0.06
Democratic Republic of the Congo 0.06
Denmark 0.42
Djibouti 0.06

Dominica 0.06
Dominican Republic 0.06
Ecuador 0.07
Egypt 0.23
El Salvador 0.06

Equatorial Guinea 0.06

Eritrea 0.06
Estonia 0.06
X-26 Assembly Resolutions in Force

Draft Scales of
Assessment
Member States 2020, 2021, 2022
Eswatini 0.06
Ethiopia 0.22

Fiji 0.06
Finland 0.41
France 3.66
Gabon 0.06
Gambia 0.06

Georgia 0.06
Germany 5.08
Ghana 0.06
Greece 0.28
Grenada 0.06

Guatemala 0.06
Guinea 0.06

%
Guinea-Bissau 0.06
Guyana 0.06
Haiti 0.06

Honduras 0.06
Hungary 0.23
Iceland 0.08
India 0.95
Indonesia 0.59

Iran (Islamic Republic of) 0.34

Iraq 0.10
Ireland 0.72
Israel 0.43
Italy 2.44

Jamaica 0.06
Japan 6.64
Jordan 0.06
Kazakhstan 0.15
Kenya 0.06
X. Finance X-27

Draft Scales of
Assessment
Member States 2020, 2021, 2022
Kiribati 0.06
Kuwait 0.21
Kyrgyzstan 0.06
Lao People's Democratic Republic 0.06
Latvia 0.06

Lebanon 0.06
Lesotho 0.06
Liberia 0.06
Libya 0.06
Lithuania 0.06

Luxembourg 0.28
Madagascar 0.06
Malawi 0.06
Malaysia 0.52
Maldives 0.06
%
Mali 0.06
Malta 0.06
Marshall Islands 0.06
Mauritania 0.06
Mauritius 0.06

Mexico 1.10
Micronesia (Federated States of) 0.06
Monaco 0.06
Mongolia 0.06
Montenegro 0.06

Morocco 0.12
Mozambique 0.06
Myanmar 0.06
Namibia 0.06
Nauru 0.06

Nepal 0.06
Netherlands 1.43
New Zealand 0.34
Nicaragua 0.06
Niger 0.06
X-28 Assembly Resolutions in Force

Draft Scales of
Assessment
Member States 2020, 2021, 2022

Nigeria 0.18
North Macedonia 0.06
Norway 0.66
Oman 0.15
Pakistan 0.16

Palau 0.06
Panama 0.12
Papua New Guinea 0.06
Paraguay 0.06
Peru 0.19

Philippines 0.35
Poland 0.60
Portugal 0.37
Qatar 1.05
%
Republic of Korea 2.21

Republic of Moldova 0.06

Romania 0.15
Russian Federation 2.23
Rwanda 0.06
Saint Kitts and Nevis 0.06

Saint Lucia 0.06

Saint Vincent and the Grenadines 0.06
Samoa 0.06
San Marino 0.06
Sao Tome and Principe 0.06

Saudi Arabia 1.04

Senegal 0.06
Serbia 0.06
Seychelles 0.06
Sierra Leone 0.06

Singapore 0.93
Slovakia 0.11
Slovenia 0.06
X. Finance X-29

Draft Scales of
Assessment
Member States 2020, 2021, 2022
Solomon Islands 0.06
Somalia 0.06

South Africa 0.29

South Sudan 0.06
Spain 1.78
Sri Lanka 0.08
Sudan 0.06

Suriname 0.06
Sweden 0.67
Switzerland 1.01
Syrian Arab Republic 0.06
Tajikistan 0.06

Thailand 0.58
Timor-Leste 0.06
%
Togo 0.06
Tonga 0.06
Trinidad and Tobago 0.06

Tunisia 0.06
Turkey 1.60
Turkmenistan 0.06
Tuvalu 0.06
Uganda 0.06

Ukraine 0.08
United Arab Emirates 2.17
United Kingdom 4.19
United Republic of Tanzania 0.06
United States 20.50

Uruguay 0.06
Uzbekistan 0.06
Vanuatu 0.06
Venezuela (Bolivarian Republic of) 0.51
Viet Nam 0.18

Yemen 0.06
X-30 Assembly Resolutions in Force

Draft Scales of
Assessment
Member States 2020, 2021, 2022
Zambia 0.06
Zimbabwe 0.06
100.00

A41-29: Assessments to the General Fund for 2023, 2024 and

2025

The Assembly resolves:

1. that the amounts to be assessed on Member States for 2023, 2024 and 2025 pursuant to Article 61, Chapter XII,
of the Convention shall be determined in accordance with the scales set out below.

Draft Scales of
Assessment
Member States 2023, 2024, 2025
%
Afghanistan 0.06
Albania 0.06
Algeria 0.08
Andorra 0.06
Angola 0.06

Antigua and Barbuda 0.06

Argentina 0.52
Armenia 0.06
Australia 1.66
Austria 0.56

Azerbaijan 0.16
Bahamas 0.06
Bahrain 0.08
Bangladesh 0.12
Barbados 0.06

Belarus 0.06
Belgium 0.68
Belize 0.06
Benin 0.06
X. Finance X-31

Draft Scales of
Assessment
Member States 2023, 2024, 2025
Bhutan 0.06

Bolivia (Plurinational State of) 0.06

Bosnia and Herzegovina 0.06
Botswana 0.06
Brazil 1.56
Brunei Darussalam 0.06

Bulgaria 0.06
Burkina Faso 0.06
Burundi 0.06
Cabo Verde 0.06
Cambodia 0.06

Cameroon 0.06
Canada 2.17
Central African Republic 0.06
Chad 0.06
Chile 0.44

China 13.71
Colombia 0.30
Comoros 0.06
Congo 0.06
Cook Islands 0.06

Costa Rica 0.06

Côte d'Ivoire 0.06
Croatia 0.06
Cuba 0.07
Cyprus 0.06

Czechia 0.24
Democratic People's Republic of Korea 0.06
Democratic Republic of the Congo 0.06
Denmark 0.41
Djibouti 0.06

Dominica 0.06
Dominican Republic 0.06
Ecuador 0.06
Egypt 0.19
X-32 Assembly Resolutions in Force

Draft Scales of
Assessment
Member States 2023, 2024, 2025
El Salvador 0.06

Equatorial Guinea 0.06

Eritrea 0.06
Estonia 0.06
Eswatini 0.06
Ethiopia 0.42

Fiji 0.06
Finland 0.38
France 3.43
Gabon 0.06
Gambia 0.06

Georgia 0.06
Germany 4.78
Ghana 0.06
Greece 0.24
Grenada 0.06

Guatemala 0.06
Guinea 0.06
Guinea-Bissau 0.06
Guyana 0.06
Haiti 0.06

Honduras 0.06
Hungary 0.29
Iceland 0.06
India 0.99
Indonesia 0.51

Iran (Islamic Republic of) 0.32

Iraq 0.09
Ireland 0.64
Israel 0.47
Italy 2.28

Jamaica 0.06
Japan 6.26
Jordan 0.06
Kazakhstan 0.11
X. Finance X-33

Draft Scales of
Assessment
Member States 2023, 2024, 2025
Kenya 0.07

Kiribati 0.06
Kuwait 0.18
Kyrgyzstan 0.06
Lao People's Democratic Republic 0.06
Latvia 0.06

Lebanon 0.06
Lesotho 0.06
Liberia 0.06
Libya 0.06
Lithuania 0.06

Luxembourg 0.47
Madagascar 0.06
Malawi 0.06
Malaysia 0.42
Maldives 0.06

Mali 0.06
Malta 0.06
Marshall Islands 0.06
Mauritania 0.06
Mauritius 0.06

Mexico 1.05
Micronesia (Federated States of) 0.06
Monaco 0.06
Mongolia 0.06
Montenegro 0.06

Morocco 0.09
Mozambique 0.06
Myanmar 0.06
Namibia 0.06
Nauru 0.06

Nepal 0.06
Netherlands 1.54
New Zealand 0.30
Nicaragua 0.06
X-34 Assembly Resolutions in Force

Draft Scales of
Assessment
Member States 2023, 2024, 2025
Niger 0.06

Nigeria 0.13
North Macedonia 0.06
Norway 0.52
Oman 0.11
Pakistan 0.13

Palau 0.06
Panama 0.11
Papua New Guinea 0.06
Paraguay 0.06
Peru 0.15

Philippines 0.27
Poland 0.61
Portugal 0.34
Qatar 1.59
Republic of Korea 3.16

Republic of Moldova 0.06

Romania 0.23
Russian Federation 1.89
Rwanda 0.06
Saint Kitts and Nevis 0.06

Saint Lucia 0.06

Saint Vincent and the Grenadines 0.06
Samoa 0.06
San Marino 0.06
Sao Tome and Principe 0.06

Saudi Arabia 1.07

Senegal 0.06
Serbia 0.06
Seychelles 0.06
Sierra Leone 0.06

Singapore 0.76
Slovakia 0.11
Slovenia 0.06
Solomon Islands 0.06
X. Finance X-35

Draft Scales of
Assessment
Member States 2023, 2024, 2025
Somalia 0.06

South Africa 0.21

South Sudan 0.06
Spain 1.67
Sri Lanka 0.07
Sudan 0.06

Suriname 0.06
Sweden 0.61
Switzerland 0.96
Syrian Arab Republic 0.06
Tajikistan 0.06

Thailand 0.45
Timor-Leste 0.06
Togo 0.06
Tonga 0.06
Trinidad and Tobago 0.06

Tunisia 0.06
Türkiye 1.37
Turkmenistan 0.06
Tuvalu 0.06
Uganda 0.06

Ukraine 0.06
United Arab Emirates 1.98
United Kingdom 3.37
United Republic of Tanzania 0.06
United States 21.70

Uruguay 0.06
Uzbekistan 0.06
Vanuatu 0.06
Venezuela (Bolivarian Republic of) 0.12
Viet Nam 0.17

Yemen 0.06
Zambia 0.06
Zimbabwe 0.06
100.00
X-36 Assembly Resolutions in Force

BUDGETS

A36-29: Budgets for 2008, 2009 and 2010

A. The Assembly, with respect to the Budget 2008-2009-2010, notes that:

1. in accordance with Article 61 of the Convention, the Council has submitted and the Assembly has considered
annual budget estimates [indicative estimates for the Administrative and Operational Services Costs of the Technical
Cooperation Programme (AOSC)] for each of the financial years 2008, 2009 and 2010;

2. in accordance with Articles 49 (e) and 61 of the Convention, the Assembly approves the budgets of the Organization.

B. The Assembly, with respect to the Technical Cooperation Programme:

Recognizing that the AOSC are mainly financed by fees from implementation of projects assigned to ICAO for execution
by external funding sources such as Governments, the United Nations Development Programme and other sources;

Recognizing that the Technical Cooperation Programme cannot be determined with a high degree of precision until such
time as the Governments of donor and recipient countries have decided on the relevant projects;

Recognizing that due to the situation cited above, the annual AOSC net budget figures shown below in Canadian dollars
for the years 2008, 2009 and 2010 represent indicative budget estimates only:

2008 2009 2010

9 723 000 9 827 000 10 328 000

Recognizing that technical cooperation is an important means of fostering the development and safety of civil aviation;

Recognizing the circumstances facing the Technical Cooperation Programme of the Organization and the necessity to
take continuing measures; and

Recognizing that in the event that the AOSC operation for any given financial year ends in a financial deficit, such deficit
should first be met from the accumulated surplus of the AOSC Fund and a call for support from the Regular Programme
Budget would be the last resort;

Resolves that the Indicative Budget Estimates of the Administrative and Operational Services Costs of the Technical
Cooperation Programme are hereby approved on the understanding that subsequent adjustments to the Indicative Budget
Estimates shall be made within the framework of the annual AOSC Budget Estimates in accordance with the provisions
of Article IX of the Financial Regulations, provided that the overall requirements shall not at any time exceed the funds
placed at the disposal of the Organization for this purpose.

C. The Assembly, with respect to the Regular Programme:

Resolves that:

1. for the financial years 2008, 2009 and 2010, there are hereby authorized for expenditure in accordance with the
Financial Regulations, and subject to the provisions of this Resolution, the following amounts in Canadian dollars for the
Regular Programme, separately for the years stated:
X. Finance X-37

2008 2009 2010

Programme
A – SAFETY 14 415 000 15 014 000 16 185 000
B – SECURITY 5 019 000 6 532 000 8 778 000
C – ENVIRONMENT 1 674 000 1 672 000 1 755 000
D – EFFICIENCY 20 640 000 21 436 000 21 304 000
E – CONTINUITY 1 951 000 2 114 000 2 046 000
F – LAW 607 000 658 000 790 000

Management and Administration 18 670 000 18 582 000 19 638 000

Programme Support 14 086 000 14 001 000 14 871 000

Organizational realignment 2 889 000 76 000 140 000

TOTAL AUTHORIZED APPROPRIATION 79 951 000 80 085 000 85 507 000

Operational 79 386 000 79 692 000 85 371 000

Capital 565 000 393 000 136 000

2. the separate annual Total Authorized Appropriation be financed as follows in Canadian dollars, in accordance
with the Financial Regulations:

2008 2009 2010

a) by Assessments on Contracting States in

accordance with Resolution on the Scale of
Assessments 74 184 000 74 060 000 79 204 000

b) by Miscellaneous Income 1 916 000 1 917 000 1 917 000

c) Ancillary Revenue Generation Fund Surplus 3 851 000 4 108 000 4 386 000

TOTAL 79 951 000 80 085 000 85 507 000

3. the Council shall review the method of assessing Contracting States, consistent with Financial Regulation 6.6, in
order to determine whether the Secretary General should routinely seek contributions in more than one currency beginning
in 2008, given the need to manage exchange rate risk effectively and also avoid imposing inordinate administrative
burdens on either Contracting States or the Secretariat.
X-38 Assembly Resolutions in Force

A37-26: Budgets for 2011, 2012 and 2013

A. The Assembly, with respect to the Budget 2011-2012-2013, notes that:

1. in accordance with Article 61 of the Convention, the Council has submitted and the Assembly has considered
annual budget estimates [indicative estimates for the Administrative and Operational Services Costs of the Technical
Co-operation Programme (AOSC)] for each of the financial years 2011, 2012 and 2013;

2. in accordance with Articles 49 (e) and 61 of the Convention, the Assembly approves the budgets of the Organization.

B. The Assembly, with respect to the Technical Co-operation Programme:

Recognizing that the Technical Co-operation Programme cannot be determined with a high degree of precision until such
time as the Governments of donor and recipient countries have decided on the relevant projects;

Recognizing that due to the situation cited above, the annual AOSC net budget figures shown below in Canadian dollars
(CAD) for the years 2011, 2012 and 2013 represent indicative budget estimates only:

2011 2012 2013

10 700 000 11 000 000 11 600 000

Recognizing that technical co-operation is an important means of fostering the development and safety of civil aviation;

Recognizing the circumstances facing the Technical Co-operation Programme of the Organization and the necessity to
take continuing measures; and

Resolves that the Indicative Budget Estimates of the Administrative and Operational Services Costs of the Technical Co-
operation Programme are hereby approved on the understanding that subsequent adjustments to the Indicative Budget
Estimates shall be made within the framework of the annual AOSC Budget Estimates in accordance with the provisions
of Article IX of the Financial Regulations.

C. The Assembly, with respect to the Regular Programme:

Resolves that:

1. separately for the financial years 2011, 2012 and 2013, the following amounts in Canadian dollars, requiring an
outlay of funds, are hereby authorized for expenditure for the Regular Programme in accordance with the Financial
Regulations, and subject to the provisions of this Resolution:
X. Finance X-39

Programme 2011 2012 2013 Total

SAFETY 22 815 000 23 437 000 24 913 000 71 165 000
SECURITY 13 403 000 13 771 000 13 866 000 41 040 000
ENVIRONMENTAL PROTECTION AND
SUSTAINABLE DEVELOPMENT OF
AIR TRANSPORT 11 431 000 11 843 000 12 311 000 35 585 000

Programme Support 19 748 000 20 714 000 22 143 000 62 605 000
Management and Administration 13 265 000 13 475 000 14 080 000 40 820 000
Management and Administration —
Governing Bodies 6 932 000 7 004 000 7 951 000 21 887 000

TOTAL AUTHORIZED APPROPRIATION 87 594 000 90 244 000 95 264 000 273 102 000

Operational 86 555 000 89 554 000 94 681 000 270 790 000
Capital 1 039 000 690 000 583 000 2 312 000

2. the separate annual Total Authorized Appropriation be financed as follows in Canadian dollars, in accordance with
the Financial Regulations:

2011 2012 2013 Total

a) Assessments on States 82 024 000 84 256 000 88 727 000 255 007 000

b) Transfer from ARGF Surplus 4 370 000 4 688 000 5 082 000 14 140 000

c) Miscellaneous Income 1 200 000 1 300 000 1 455 000 3 955 000

TOTAL: 87 594 000 90 244 000 95 264 000 273 102 000

3. separately for the financial years 2011, 2012 and 2013, the following additional amounts in Canadian dollars,
requiring an outlay of funds, are hereby authorized for expenditure for the Regular Programme in accordance with the
Financial Regulations, and subject to the provisions of this Resolution to be financed without increasing Assessment of
States through Reimbursement from AOSC fund of $5 311 500 and by the Transfer from Incentive Scheme for Long-
Outstanding Arrears Account of $2 202 200:

Programme 2011 2012 2013 Total

SAFETY 119 000 977 000 888 000 1 984 000
SECURITY 71 000 73 000 76 000 220 000
ENVIRONMENTAL PROTECTION AND
SUSTAINABLE DEVELOPMENT OF AIR
TRANSPORT 48 000 49 000 51 000 148 000

Programme Support 387 000 399 000 425 000 1 211 000
Management and Administration 1 262 000 1 295 000 1 349 000 3 906 000
Management and Administration —
Governing Bodies 14 000 15 000 16 000 45 000

TOTAL AUTHORIZED APPROPRIATION 1 901 000 2 808 000 2 805 000 7 514 000
X-40 Assembly Resolutions in Force

A38-22: Budgets for 2014, 2015 and 2016

A. The Assembly, with respect to the Budget 2014-2015-2016, notes that:

1. in accordance with Article 61 of the Convention, the Council has submitted and the Assembly has considered
annual budget estimates [indicative estimates for the Administrative and Operational Services Costs of the Technical
Co-operation Programme (AOSC)] for each of the financial years 2014, 2015 and 2016;

2. in accordance with Articles 49 (e) and 61 of the Convention, the Assembly approves the budgets of the
Organization.

B. The Assembly, with respect to the Technical Co-operation Programme:

Recognizing that due to the situation cited above, the annual AOSC net budget figures shown below in Canadian dollars
(CAD) for the years 2014, 2015 and 2016 represent indicative budget estimates only:

2014 2015 2016

Estimated 8 300 000 8 400 000 8 500 000
Expenditures

Recognizing that technical co-operation is an important means of fostering the development and safety of civil aviation;

Recognizing the circumstances facing the Technical Co-operation Programme of the Organization and the necessity to
take continuing measures; and

C. The Assembly, with respect to the Regular Programme:

Resolves that:

1. separately for the financial years 2014, 2015 and 2016, the following amounts in Canadian dollars, requiring an
outlay of funds, are hereby authorized for expenditure for the Regular Programme in accordance with the Financial
Regulations, and subject to the provisions of this Resolution:
X. Finance X-41

2014 2015 2016 Total

Strategic Objective
SAFETY 23 219 000 24 097 000 24 721 000 72 037 000
AIR NAVIGATION CAPACITY AND
EFFICIENCY 17 353 000 17 628 000 18 353 000 53 334 000
SECURITY AND FACILITATION 8 903 000 9 148 000 9 342 000 27 393 000
ECONOMIC DEVELOPMENT
OF AIR TRANSPORT 3 138 000 3 178 000 3 534 000 9 850 000
ENVIRONMENTAL PROTECTION 4 474 000 4 557 000 5 129 000 14 160 000

Programme Support 12 651 000 12 767 000 13 136 000 38 554 000
Management & Administration 15 581 000 15 788 000 16 078 000 47 447 000
Management & Administration —
Governing Bodies 7 433 000 7 574 000 8 756 000 23 763 000

TOTAL AUTHORIZED APPROPRIATION 92 752 000 94 737 000 99 049 000 286 538 000

Operational 92 224 000 94 139 000 98 625 000 284 988 000
Capital 528 000 598 000 424 000 1 550 000

2. the separate annual Total Authorized Appropriation be financed as follows in Canadian dollars, in accordance
with the Financial Regulations:

2014 2015 2016 Total

a) Assessments on States 86 120 000 88 075 000 92 355 000 266 550 000

b) Reimbursement from AOSC Fund 1 231 000 1 260 000 1 291 000 3 782 000

c) Transfer from ARGF Surplus 5 082 000 5 082 000 5 082 000 15 246 000

d) Miscellaneous Income 319 000 320 000 321 000 960 000

TOTAL: 92 752 000 94 737 000 99 049 000 286 538 000

A39-37: Budgets for 2017, 2018 and 2019

A. The Assembly, with respect to the Budget 2017-2018-2019, notes that:

1. in accordance with Article 61 of the Convention, the Council has submitted and the Assembly has considered
annual budget estimates [indicative estimates for the Administrative and Operational Services Costs of the Technical
Co-operation Programme (AOSC)] for each of the financial years 2017, 2018 and 2019;

2. in accordance with Articles 49 (e) and 61 of the Convention, the Assembly approves the budgets of the
Organization.
X-42 Assembly Resolutions in Force

B. The Assembly, with respect to the Technical Cooperation Programme:

Recognizing that due to the situation cited above, the annual AOSC net budget figures shown below in Canadian dollars
(CAD) for the years 2017, 2018 and 2019 represent indicative budget estimates only:

2017 2018 2019

Estimated 9 560 000 9 700 000 9 930 000
Expenditures

Recognizing that technical cooperation is an important means of fostering the development and safety of civil aviation;

Recognizing the circumstances facing the Technical Cooperation Programme of the Organization and the necessity to
take continuing measures; and

C. The Assembly, with respect to the Regular Programme:

Resolves that:

1. separately for the financial years 2017, 2018 and 2019, the following amounts in Canadian dollars, requiring
an outlay of funds, are hereby authorized for expenditure for the Regular Programme in accordance with the Financial
Regulations, and subject to the provisions of this Resolution:
X. Finance X-43

2017 2018 2019 Total

Strategic Objective (Programmes)
SAFETY 22 962 000 23 181 000 24 008 000 70 151 000
AIR NAVIGATION CAPACITY AND
EFFICIENCY 14 627 000 15 116 000 15 320 000 45 063 000
SECURITY AND FACILITATION 8 773 000 8 878 000 9 173 000 26 824 000
ECONOMIC DEVELOPMENT
OF AIR TRANSPORT 3 112 000 3 182 000 3 494 000 9 788 000
ENVIRONMENTAL PROTECTION 3 432 000 3 484 000 3 883 000 10 799 000

Programme Support 30 957 000 31 774 000 34 076 000 96 807 000
Management & Administration 13 779 000 14 253 000 14 589 000 42 621 000

TOTAL PROPOSED APPROPRIATION 97 642 000 99 868 000 104 543 000 302 053 000

Operational 96 568 000 98 922 000 103 778 000 299 268 000
Capital 1 074 000 946 000 765 000 2 785 000

2. the separate annual Total Authorized Appropriation be financed as follows in Canadian dollars, in accordance
with the Financial Regulations:

2017 2018 2019 Total

a) Assessments on States 89 344 000 91 540 000 96 181 000 277 065 000

b) Reimbursement from AOSC Fund 1 202 000 1 202 000 1 202 000 3 606 000

c) Transfer from ARGF Surplus 6 415 000 6 415 000 6 416 000 19 246 000
d) Transfer from Incentive Scheme
for Long-Outstanding Arrears
Account 333 000 333 000 334 000 1 000 000

e) Miscellaneous Income 348 000 378 000 410 000 1 136 000

TOTAL: 97 642 000 99 868 000 104 543 000 302 053 000

A40-34: Budgets for 2020, 2021 and 2022

A. The Assembly, with respect to the Budget 2020-2021-2022, notes that:

1. in accordance with Article 61 of the Convention, the Council has submitted and the Assembly has
considered annual budget estimates [indicative estimates for the Administrative and Operational Services Costs of the
Technical Cooperation Programme (AOSC)] for each of the financial years 2020, 2021 and 2022;

2. in accordance with Articles 49 (e) and 61 of the Convention, the Assembly approves the budgets of the
Organization.
X-44 Assembly Resolutions in Force

B. The Assembly, with respect to the Technical Cooperation Programme:

Recognizing that due to the situation cited above, the annual AOSC net budget figures shown below in Canadian dollars
(CAD) for the years 2020, 2021 and 2022 represent indicative budget estimates only:

2020 2021 2022

Estimated
10 520 000 10 680 000 10 830 000
Expenditures

Recognizing that technical cooperation is an important means of fostering the development and safety of civil aviation

Recognizing the circumstances facing the Technical Cooperation Programme of the Organization and the necessity to
take continuing measures; and

C. The Assembly, with respect to the Regular Programme:

Resolves that:

1. separately for the financial years 2020, 2021 and 2022, the following amounts in Canadian dollars, requiring an
outlay of funds, are hereby authorized for expenditure for the Regular Programme in accordance with the Financial
Regulations, and subject to the provisions of this Resolution:
X. Finance X-45

2. the separate annual Total Authorized Appropriation be financed as follows in Canadian dollars, in accordance
with the Financial Regulations:

2020 2021 2022 Total

a) Assessments on States 91,970,000 95,577,000 101,058,000 288,605,000
b) Reimbursement from AOSC Fund 1,202,000 1,202,000 1,202,000 3,606,000
c) Transfer from ARGF Surplus 9,649,000 9,648,000 9,649,000 28,946,000
d) Miscellaneous Income 491,000 519,000 548,000 1,558,000

TOTAL: 103,312,000 106,946,000 112,457,000 322,715,000

A41-28: Budgets for 2023, 2024 and 2025

A. The Assembly, with respect to the Budget 2023-2024-2025, notes that:

1. in accordance with Article 61 of the Convention, the Council has submitted and the Assembly has considered
budget estimates for the Regular Budget and indicative budget estimates for the Administrative and Operational Services
Costs (AOSC) Fund of the Technical Cooperation Programme for each of the financial years 2023, 2024 and 2025;

2. in accordance with Articles 49 (e) and 61 of the Convention, the Assembly approves the budgets of the
Organization.
X-46 Assembly Resolutions in Force

B. The Assembly, with respect to the Regular Budget:

Recognizes the importance of the new Transformational Objective and its initiatives.

Specifies that the funding through Assessments on States of an amount of CAD 14 977 000 for selected high priority
Transformational Objective initiatives, for the 2023-2024-2025 triennium, is an extra-ordinary one-time contribution that
shall be treated as a non-consolidated amount and shall not form part of the baseline used for preparing budget estimates
for the 2026-2027-2028 triennium.

Resolves that:

1. amounts presented in the following table, in Canadian dollars (CAD) for the financial years 2023, 2024 and 2025
are hereby authorized for expenditure in accordance with the Financial Regulations, and subject to the provisions of this
Resolution:

2023-2024-2025 Budget Estimates

(in CAD)
2023 2024 2025 Total

Strategic Objective

SAFETY 32,825,000 34,178,000 34,881,000 101,884,000

AIR NAVIGATION CAPACITY AND EFFICIENCY 21,460,000 22,241,000 22,630,000 66,331,000
SECURITY AND FACILITATION 14,906,000 15,491,000 16,064,000 46,461,000
ECONOMIC DEVELOPMENT OF AIR TRANSPORT 4,952,000 5,113,000 5,256,000 15,321,000
ENVIRONMENTAL PROTECTION 6,877,000 6,983,000 7,351,000 21,211,000
Transformational Objective 8,041,000 4,642,000 5,326,000 18,009,000
Support to Strategic Objectives 13,909,000 14,398,000 16,215,000 44,522,000
Management & Administration 14,062,000 14,658,000 15,101,000 43,821,000

TOTAL PROPOSED APPROPRIATION 117,032,000 117,704,000 122,824,000 357,560,000

Operational 116,413,000 117,116,000 122,225,000 355,754,000

Capital 619,000 588,000 599,000 1,806,000
X. Finance X-47

2. the annual Total Authorized Appropriation be financed as presented in the table below, in accordance with the
Financial Regulations:

2023-2024-2025 Funding Sources

(in CAD)
2023 2024 2025 Total
a) Assessments from States 103,920,000 104,566,000 109,665,000 318,151,000
b) Transfer from ARGF Surplus 8,082,000 8,082,000 8,081,000 24,245,000
c) Operational Reserve 2,364,000 2,364,000 2,364,000 7,092,000
d) Reimbursement from AOSC Fund 1,829,000 1,856,000 1,877,000 5,562,000
e) Miscellaneous Income 780,000 780,000 780,000 2,340,000
f) Incentive Scheme 57,000 56,000 57,000 170,000
TOTAL: 117,032,000 117,704,000 122,824,000 357,560,000

C. The Assembly, with respect to the AOSC Fund indicative budget estimates for the Technical Cooperation
Programme:

Recognizing that the Administrative and Operational Services Cost (AOSC) Fund is mainly financed by fees from
implementation of projects assigned to ICAO for execution using funds from external funding sources such as
Governments and other sources;

Recognizing that due to the situation cited above, the annual AOSC net budget figures shown below in Canadian dollars
(CAD) for the years 2023, 2024 and 2025 represent indicative budget estimates only:

2023 2024 2025

Estimated
9,300,000 9,570,000 9,780,000
Expenditures

Recognizing that technical cooperation is an important means of fostering the development and safety, security, efficiency
and sustainability of civil aviation;

Recognizing the circumstances facing the Technical Cooperation Programme of the Organization and the necessity to
take continuing management measures; and

Recognizing that in the event that the AOSC operation for any given financial year ends in a financial deficit, such deficit
should first be met from the accumulated surplus of the AOSC Fund, and a call for support from the Regular Budget would
be the last resort.

Resolves that the Indicative budget estimates of the Administrative and Operational Services Costs of the Technical
Cooperation Programme are hereby approved on the understanding that subsequent adjustments to the Indicative budget
estimates shall be made within the framework of the annual AOSC budget estimates in accordance with the provisions of
Article IX of the Financial Regulations.
X-48 Assembly Resolutions in Force

WORKING CAPITAL FUND

A41-30: Working Capital Fund

The Assembly:

1. Notes that:

a) in accordance with Resolution A40-31, the Council has reported upon, and the Assembly has considered,
the adequacy of the level of the Working Capital Fund and the related borrowing authority;

b) the accumulation of contributions in arrears has constituted, together with the delays in payment of current
year contributions, a growing obstacle to the implementation of the work programme while creating
financial uncertainty;

c) based on past trends, there is only a limited risk that the level of the Working Capital Fund may not be
sufficient to cover the needs in the foreseeable future;

d) experience has shown that, in general, payments are not made at the beginning of the year when
contributions are due and that ICAO cannot rely on contributions being paid even by the end of the year
to which they relate and that such detrimental delay in complying with their financial obligations under the
Convention by some Member States is leading to a potential financial crisis within the Organization that
could impact all Member States;

e) as long as the cash flow remains uncertain, ICAO would need the Working Capital Fund as a buffer on
which it could draw to meet its unavoidable cash commitments; and

f) the Council periodically reviews the financial situation of the Organization and the level of the Working
Capital Fund.

2. Resolves that:

a) the level of the Working Capital Fund remain at USD 8.0 million;

b) the Council shall continue to monitor the level of the Working Capital Fund to determine if an increase is
urgently needed;

c) if the Council determines that it is warranted, the level of the Working Capital Fund shall be established at
a level no higher than USD 10.0 million, subject to increases resulting from advances paid by new States
becoming Members of the Organization after approval of the scales. Such an adjustment to the Working
Capital Fund will be based on the scales of assessment in effect for the year for which the increase in the
level of the Working Capital Fund is approved;

d) the Secretary General be authorized, with the prior approval of the Finance Committee of the Council, to
finance regular and supplementary appropriations that cannot be financed from the General Fund and the
Working Capital Fund, by borrowing externally amounts needed to meet immediate obligations of the
Organization, and that the Secretary General be required to repay such amounts as rapidly as possible;
the outstanding total of such indebtedness of the Organization at no time to exceed CAD 3.0 million during
the triennium;
X. Finance X-49

e) the Council shall report during ordinary sessions of the Assembly:

1) on the adequacy of the level of the Working Capital Fund; and

2) whether the financial position of the General Fund and the Working Capital Fund would indicate the
need for assessing Member States for cash deficits caused by arrears of contributions; and

3) on the appropriateness of the level of the borrowing authority; and

f) Resolution A40-31 is no longer effective and is hereby superseded; and

3. Urges:

a) all Member States to pay their assessments as early as possible in the year in which they fall due in order
to lessen the likelihood of the Organization having to draw on the Working Capital Fund and resort to
external borrowing; and

b) the Member States in arrears to meet their obligations to the Organization as promptly as possible, as
called for by Resolution A39-31.

A38-23: Confirmation of Council action in assessing the

contributions to the General Fund and determining
advances to the Working Capital Fund of States which
have adhered to the Convention

The Assembly:

. 1. Notes that:

a) Financial Regulations 6.9 and 7.5 provide that the Council shall, if the Assembly is not in session, determine
the assessment of contributions and the advance to the Working Capital Fund of a new Member State,
subject to approval or adjustment at the next regular session of the Assembly; and

b) the Council has acted accordingly in respect of the State which became member of the International Civil
Aviation Organization after the 37th Session of the Assembly, and assessable, as indicated below;

. 2. Confirms the action of the Council in assessing the contribution and the advance to the Working Capital Fund of
the following State at the percentage rate indicated, such assessment rate to apply from the assessable date indicated:

Name of New Date of Membership Date from Assessment Rate

Member State which Assessable

South Sudan 10 November 2011 1 December 2011 0.06%

X-50 Assembly Resolutions in Force

A40-29: Confirmation of Council action in assessing the

contributions to the General Fund and determining
advances to the Working Capital Fund of States which
have adhered to the Convention

The Assembly:

1. Notes that:

a) Financial Regulations 6.9 and 7.5 provide that the Council shall, if the Assembly is not in session, determine
the assessment of contributions and the advance to the Working Capital Fund of a new Member State, subject
to approval or adjustment at the next regular session of the Assembly; and

b) the Council has acted accordingly in respect of the States which became members of the International Civil
Aviation Organization after the 39th Session of the Assembly, and assessable, as indicated below;

2. Confirms the action of the Council in assessing the contributions and the advances to the Working Capital Fund
of the following States at the percentage rates indicated, such assessment rates to apply from the assessable dates
indicated:

Name of New Date from

Member State Date of Membership which Assessable Assessment Rate

Tuvalu 18 November 2017 1 December 2017 0.06%

Dominica 13 April 2019 1 May 2019 0.06%

CONTRIBUTIONS IN ARREARS

A39-31: Discharge by Member States of financial obligations

to the Organization and action to be taken in case of
their failure to do so

Whereas Article 62 of the Convention on International Civil Aviation provides that the Assembly may suspend the voting
power in the Assembly and in the Council of any Member State that fails to discharge, within a reasonable period, its
financial obligations to the Organization;

The Assembly:

Considering that Article 6.5 a) of the ICAO Financial Regulations provides that contributions from Member States shall be
considered due and payable in full as of the first day of the financial year to which they relate and Article 6.5 b) which
stipulates that as of 1 January of the following financial year, any unpaid balance due shall be considered to be one year
in arrears;

Noting that the delays in payment of current year contributions have constituted an obstacle to the implementation of the
work programme and created serious cash flow difficulties;
X. Finance X-51

Urges that all Member States in arrears make suitable arrangements for liquidating their arrears; and

Urges all Member States and, in particular, the States elected to the Council, to take all necessary measures to pay their
contributions on time;

Resolves that, with effect from 1 January 2017:

1. All Member States should recognize the necessity to pay their contributions at the beginning of the year in which
they fall due, in order to avoid the need for the Organization to draw on the Working Capital Fund to make good the
shortfall;

2. The Secretary General be directed to dispatch to all Member States, at least three times in the year, schedules
showing the current amounts due for the current year and up to 31 December of the previous year;

3. The Council be authorized to discuss and conclude arrangements with Member States, whose contributions are
in arrears for three or more years, for the settlement of accumulated arrears to the Organization, any such settlements or
arrangements to be reported to the next session of the Assembly;

4. All Member States that are three years or more in arrears in the payment of their contributions should:

a) effect without delay payment of the amounts outstanding with respect to advances to the Working Capital
Fund, the current year contribution, and partial settlement of their arrears in the amount of 5 per cent of the
arrears; and

b) conclude within six months of the date of the payment referred to in sub-paragraph a) above, if they have
not already done so, an agreement with the Organization for the settlement of the balance of their arrears,
such agreement to provide for the payment annually, in full, of their current contributions and the balance of
the arrears in instalments over a period of no more than ten years, which period may, at the discretion of the
Council, be extended, to a maximum of twenty years in respect of special cases, i.e. those Member States
which are classified by the United Nations as Least Developed Countries;

5. The Council should further intensify the current policy of inviting Member States in arrears to make settlement
proposals for the liquidation of long-outstanding arrears of contributions in accordance with the provisions of Resolving
Clause 4 above, taking full account of the economic position of the States concerned including the possibility of accepting
other currencies in accordance with the provisions of Article 6.6 of the Financial Regulations, to the extent that the
Secretary General can use these currencies;

6. The voting power in the Assembly be suspended for those Member States in arrears for an amount equal to or
in excess of the total assessments for the three preceding financial years and of those Member States not in compliance
with agreements entered into in accordance with Resolving Clause 4 b) above, such suspension to be revoked
immediately upon the settlement of outstanding amounts due and amounts due under agreements; and

7. The voting power in the Council be suspended for those Council Member States that have annual assessed
contributions or part thereof, in arrears for longer than 18 months, such suspension to be revoked immediately upon the
settlement of outstanding amounts due; and

8. The voting power of a Member State suspended under Resolving Clause 6 may also be restored by action of the
Assembly or the Council provided:

a) it has already concluded with the Council an agreement that provides for the settlement of its outstanding
obligations and for the payment of current contributions and has complied with the terms of that agreement;
or
X-52 Assembly Resolutions in Force

b) the Assembly is satisfied that the State’s willingness to reach an equitable settlement of its financial
obligations to the Organization has been demonstrated;

9. Any State whose voting power has been suspended by the Assembly under Article 62 of the Convention may
have it restored by the Council under the conditions stipulated in Resolving Clause 8 a) above, provided that a willingness
on its part to reach an equitable settlement of its financial obligations to the Organization has been demonstrated;

10. The following additional measures be applied to those Member States whose voting rights have been suspended
under Article 62 of the Convention:

a) lose eligibility to host meetings, conferences, workshops and seminars which are funded, in whole or in part,
by the Regular Programme;

b) receive only the same free documentation as that provided to non-Member States, including those available
in electronic media, and any other documents that are essential for safety, regularity or efficiency of
international air navigation;

c) Nominees or Representatives lose eligibility to be voted into any office;

d) for purposes of recruitment to posts in the Secretariat, if all other circumstances are equal, candidates from
States in arrears would be considered as having the status of candidates from a State that has already
achieved the desired level of representation (under equal geographical representation principles), even if it
has not achieved that level; and

e) lose the right to participate in the ICAO Familiarization course;

11. Only those States which have no outstanding annual assessed contributions except for the current year’s
assessment will be eligible for election to the Council, Committees, and bodies;

12. The Secretary General be directed to report to Council any voting rights deemed to be suspended and suspension
revoked under Clauses 6 and 7, as well as any non-eligibility for election to the Council, Committees and bodies under
Clause 11, and to apply measures stipulated in Clause 10 accordingly; and

13. This Resolution supersedes Assembly Resolution A38-24.

A38-25: Incentives for the settlement of long-outstanding

arrears

The Assembly,

Recalling the concern expressed by previous Assemblies at the increase in the contributions in arrears;

Reiterating the necessity of all Member States to pay their contributions on the date on which they fall due;

Noting that a number of States have had their voting power suspended in the Assembly and the Council in accordance
with Assembly Resolution A38-24;

Reaffirming the extreme importance of participation by all States in the activities of the Organization;
X. Finance X-53

Noting that the cash surplus had traditionally been distributed to those Member States that have paid their contributions
for the financial years for which the surpluses had been determined; and

Wishing to encourage States to liquidate their arrears and at the same time provide incentives for doing so;

Resolves that:

1. the distribution of cash surpluses be restricted to Member States that, at the date of the distribution of the
surpluses, have paid their contributions for the financial years for which the surpluses had been determined and that the
entitlement to the surpluses be terminated for States which have outstanding contributions for the years concerned, except
for those States with agreements and which have complied with the terms of their agreements;

2. Member States with arrears of three full years or more and which either have existing agreements or enter into
agreements for settlement of long-outstanding arrears, and which have complied with the terms of their agreements, shall
have their share of cash surplus distributed even though they have not paid the assessments for the financial years for
which the surpluses had been determined;

3. with effect from 1 January 2005, subject to cash surplus availability, only that portion of a payment from a Member
State that is in excess of the sum of the three preceding years’ assessments and all instalments due under agreements
entered into under Resolving Clause 4 of Assembly Resolution A37-32 shall be retained in a separate account to finance
expenditure on aviation security activities, and new and unforeseen projects related to aviation safety, and/or to the
enhancement of the efficient delivery of ICAO programmes, such action to be under the control of the Council and reported
to the next ordinary session of the Assembly;

4. the Council be requested to closely monitor the question of outstanding contributions, and the effects of the
incentive schemes on payment of arrears by States, and report to the next ordinary session of the Assembly on the results
of their efforts including other measures to be considered; and

5. this resolution supersedes Resolution A35-27.

A34-1: Use of funds in the separate account established

under Resolving Clause 3 of Assembly Resolution
A33-27

The Assembly,

Considering that Assembly Resolution A33-27, Resolving Clause 3, provides that payments of contributions in arrears by
Contracting States with arrears of three full years or more will be retained in a separate account to finance expenditure on
aviation security activities, and new and unforeseen projects related to aviation safety, and/or to the enhancement of the
efficient delivery of ICAO programmes, such action to be under the control of the Council and reported to the next ordinary
session of the Assembly;

Recalling that Assembly Resolution A33-10 endorses the concept of an International Financial Facility for Aviation Safety
(IFFAS) with the objective of financing safety-related projects for which States cannot otherwise provide or obtain the
necessary financial resources, with the principal area of application being safety-related deficiencies identified through the
ICAO Universal Safety Oversight Audit Programme (USOAP) as an element of the Global Aviation Safety Plan (GASP);

Recalling further that Assembly Resolution A33-10, Resolving Clause 5 a) encourages Contracting States to consider
voluntary contributions to finance preparatory work in development of the IFFAS;
X-54 Assembly Resolutions in Force

Noting that the Council considered at its 167th and 168th Sessions the question of the use of funds from the separate
account established under Resolution A33-27, Resolving Clause 3, to finance in particular aviation security activities and
IFFAS;

Noting that it is essential for the proper functioning of ICAO that Contracting States pay their contributions on the date they
fall due, and that the use of the funds in the separate account should not create an incentive for Contracting States to
withhold their contributions in order to direct those contributions to a particular use;

Taking into account the view of the Council that this Extraordinary Session of the Assembly should be invited to decide,
as a policy matter without prejudice to the aforesaid resolutions, on the use of the funds currently standing in the separate
account;

Therefore:

1. Agrees to apply, on a non-recurring basis, the funds presently held pursuant to Resolving Clause 3 of Assembly
Resolution A33-27, amounting to US$3.14 million plus accrued interest, as follows:

a) one third of the total amount so held to finance aviation security activities of a general nature and intended
to benefit all or a substantial number of Contracting States;

b) one third of the total amount so held to finance the enhancement of the efficient delivery of ICAO programmes
including USOAP; and

c) one third of the total amount so held to finance IFFAS-related activities involving the establishment, operation
and administration of IFFAS, including pilot projects, in whole or in part, which are to be carried out under
the auspices of IFFAS for the benefit of a specified group or groups of States at the regional or subregional
level, but in no case to be made available to any single State as a sole borrower or grantee under IFFAS;

2. Reaffirms that such action shall be under the control of the Council and shall be reported to the next ordinary
session of the Assembly;

3. Agrees therefore to review this matter at the next ordinary session of the Assembly to be held in 2004; and

4. Urges all Contracting States to consider making voluntary contributions to finance the development of IFFAS.

A40-31: Working Capital Fund

X. Finance X-55

ACCOUNTS AND AUDITS

A37-30: Approval of the accounts of the Organization for the

financial years 2007, 2008 and 2009 and examination
of the Audit Reports thereon

Whereas the accounts of the Organization for the financial years 2007, 2008 and 2009 and the Audit Reports thereon,
submitted by the Auditor General of Canada (2007) and the Cour des comptes of France (2008 and 2009) — a member
of the Joint Panel of External Auditors of the United Nations and Specialized Agencies — as the External Auditor of ICAO,
have been submitted to the Assembly after being circulated to Contracting States;

Whereas the Council has examined the Audit Reports and submitted them to the Assembly for its review; and

Whereas in accordance with Chapter VIII Article 49 (f) of the Convention, expenditures have been reviewed:

The Assembly:

1. Notes the Report of the External Auditor on the audited accounts for the financial year 2007 and the comments
by the Secretary General in response to the recommendations in the Audit Report;

2. Notes the Report of the External Auditor on the audited accounts for the financial year 2008 and the comments
by the Secretary General in response to the recommendations in the Audit Report;

3. Notes the Report of the External Auditor on the audited accounts for the financial year 2009 with related
comments by the Secretary General in response to the recommendations in the Audit Report, and the report on the status
of the implementation of the External Auditor’s prior years’ recommendations;

4. Approves the audited accounts for the financial year 2007;

5. Approves the audited accounts for the financial year 2008; and

6. Approves the audited accounts for the financial year 2009.

A38-29: Approval of the accounts of the Organization for the

financial years 2010, 2011 and 2012 and examination
of the Audit Reports thereon

Whereas the accounts of the Organization for the financial years 2010, 2011 and 2012 and the Audit Reports thereon,
submitted by the Cour des comptes of France - a member of the Joint Panel of External Auditors of the United Nations
and Specialized Agencies - as the External Auditor of ICAO, have been submitted to the Assembly after being circulated
to Member States;

Whereas the Council has examined the Audit Reports and submitted them to the Assembly for its review; and

Whereas in accordance with Chapter VIII Article 49 (f) of the Convention, expenditures have been reviewed;
X-56 Assembly Resolutions in Force

The Assembly:

1. Notes the Reports of the External Auditor on the Financial Statements as well as the Secretary General’s
comments to the Report of the External Auditor for the financial year 2010;

2. Notes the Reports of the External Auditor on the Financial Statements as well as the Secretary General’s
comments to the Report of the External Auditor for the financial year 2011;

3. Notes the Reports of the External Auditor on the Financial Statements as well as the Secretary General’s
comments to the Report of the External Auditor for the financial year 2012;

4. Approves the audited Financial Statements for the financial year 2010;

5. Approves the audited Financial Statements for the financial year 2011; and

6. Approves the audited Financial Statements for the financial year 2012.

A39-35: Approval of the accounts of the Organization for the

financial years 2013, 2014 and 2015 and examination
of the Audit Reports thereon

Whereas the accounts of the Organization for the financial years 2013, 2014 and 2015 and the Audit Reports thereon,
submitted by the Cour des Comptes of France (2013) and Corte dei Conti of Italy (2014 and 2015) - members of the Joint
Panel of External Auditors of the United Nations and Specialized Agencies - as the External Auditor of ICAO, have been
submitted to the Assembly after being circulated to Member States;

Whereas the Council has examined the Audit Reports and submitted them to the Assembly for its review; and

Whereas in accordance with Chapter VIII Article 49 (f) of the Convention, expenditures have been reviewed;

The Assembly:

1. Notes the Reports of the External Auditor on the Financial Statements as well as the Secretary General’s
Comments to the Report of the External Auditor for the financial year 2013;

2. Notes the Reports of the External Auditor on the Financial Statements as well as the Secretary General’s
Comments to the Report of the External Auditor for the financial year 2014;

3. Notes the Reports of the External Auditor on the Financial Statements as well as the Secretary General’s
Comments to the Report of the External Auditor for the financial year 2015;

4. Approves the audited Financial Statements for the financial year 2013;

5. Approves the audited Financial Statements for the financial year 2014; and

6. Approves the audited Financial Statements for the financial year 2015.
X. Finance X-57

A40-32: Approval of the accounts of the Organization for the

financial years 2016, 2017 and 2018 and examination
of the Audit Reports thereon

Whereas the accounts of the Organization for the financial years 2016, 2017 and 2018 and the Audit Reports thereon,
submitted by the Corte dei Conti of Italy - a member of the Joint Panel of External Auditors of the United Nations and
Specialized Agencies - as the External Auditor of ICAO, have been submitted to the Assembly after being circulated to
Member States;

Whereas the Council has examined the Audit Reports and submitted them to the Assembly for its review; and

Whereas in accordance with Chapter VIII Article 49 (f) of the Convention, expenditures have been reviewed;

The Assembly:

1. Notes the Reports of the External Auditor on the Financial Statements as well as the Secretary General’s
Comments to the Report of the External Auditor for the financial year 2016;

2. Notes the Reports of the External Auditor on the Financial Statements as well as the Secretary General’s
Comments to the Report of the External Auditor for the financial year 2017;

3. Notes the Reports of the External Auditor on the Financial Statements as well as the Secretary General’s
Comments to the Report of the External Auditor for the financial year 2018;

4. Approves the audited Financial Statements for the financial year 2016;

5. Approves the audited Financial Statements for the financial year 2017; and

6. Approves the audited Financial Statements for the financial year 2018.

A41-32: Approval of the accounts of the Organization for the

financial years 2019, 2020 and 2021 and examination
of the Audit Reports thereon

Whereas the Council examined the Financial Statements of the Organization and Reports of the External Auditor for the
financial years 2019, 2020 and 2021, and submitted them to the Assembly for its review and approval;

Whereas in accordance with Chapter VIII, Article 49 (f) of the Convention, expenditures have been reviewed;

The Assembly:

1. Notes the unqualified Report of the External Auditor on the Financial Statements as well as the Secretary
General’s Comments to the Report of the External Auditor for the financial year 2019;

2. Notes the unqualified Report of the External Auditor on the Financial Statements as well as the Secretary
General’s Comments to the Report of the External Auditor for the financial year 2020;

3. Notes the unqualified Report of the External Auditor on the Financial Statements as well as the Secretary
General’s Comments to the Report of the External Auditor for the financial year 2021;

4. Approves the audited Financial Statements for the financial year 2019;
X-58 Assembly Resolutions in Force

5. Approves the audited Financial Statements for the financial year 2020; and

6. Approves the audited Financial Statements for the financial year 2021.

A5-10: Joint audit procedure

Whereas ICAO since the beginning has had recourse to the services of professional auditors;

Whereas a Joint Panel of Auditors for the United Nations and the Specialized Agencies has, pursuant to UN
Resolution 347 (IV), been established;

Whereas under the Agreement between the United Nations and ICAO there is obligation to secure as much uniformity as
is practicable with respect to administrative and financial operations and practices; and

Whereas it has proved impracticable to proceed with an alternative scheme in which the two systems would have been
associated;

The Assembly resolves:

1. to revoke the action taken in Resolution A1-63 authorizing the appointment of the Auditors of the Organization;
and

2. to confirm the decision taken by the Council of ICAO to appoint as External Auditor of ICAO a member of the
Joint Panel of Auditors for the United Nations and Specialized Agencies.

A36-38: Appointment of the External Auditor

The Assembly:

1. Notes that:

a) the Financial Regulations provide that, subject to confirmation by the Assembly, the Council shall appoint an
External Auditor to the Organization; and

b) the Council reviewed the nominations submitted by Contracting States in 2007 and approved the
appointment of Mr. Philippe Séguin, the First President of the Cour des comptes of France, a member of the
Panel of External Auditors of the United Nations and Specialized Agencies, as the External Auditor of ICAO
for the financial years 2008, 2009 and 2010 in accordance with Financial Regulation 13.1.
X. Finance X-59

2. Expresses its sincere appreciation to Mrs. Sheila Fraser, Auditor General of Canada, for the high quality of her
service to the Organization as its External Auditor and for her effective and cooperative assistance to the officials and
organs of ICAO during her tenure of office and takes this opportunity to again express sincere appreciation to her
predecessors, also Auditors General of Canada; and

3. Confirms the action taken by the Council in appointing Mr. Philippe Séguin, the First President of the Cour des
comptes of France, as the External Auditor of ICAO for the financial years 2008, 2009 and 2010.

A37-31: Appointment of the External Auditor

The Assembly:

1. Notes that:

a) the Financial Regulations provide that, subject to confirmation by the Assembly, the Council shall appoint an
External Auditor to the Organization; and

b) the Council approved the extension of appointment to the First President of the Cour des Comptes as
External Auditor of ICAO for 2011, 2012 and 2013 for the same fee as charged for the current triennium.

2. Confirms the action taken by the Council in appointing Mr. Didier Migaud, First President of the Cour des
Comptes, as the External Auditor of ICAO for the financial years 2011, 2012 and 2013.

A38-30: Appointment of the External Auditor

The Assembly:

1. Notes that:

a) the Financial Regulations provide that, subject to confirmation by the Assembly, the Council shall appoint an
External Auditor to the Organization; and

b) the Council reviewed the nominations submitted by Member States in 2013 and approved the appointment
of Mr. Giuseppe Cogliandro, President of the Audit Chamber for Community and International Affairs of the
Corte dei Conti of Italy, a member of the Panel of External Auditors of the United Nations and Specialized
Agencies, as ICAO’s External Auditor for the accounts of the financial years 2014, 2015 and 2016, in
accordance with Financial Regulation 13.1.

2. Expresses its sincere appreciation to Mr. Didier Migaud, Premier président of the Cour des comptes of France,
for the high quality of his service to the Organization as its External Auditor (2008-2013) and for his effective and
cooperative assistance during that period to the officials and organs of ICAO; and

3. Confirms the action taken by the Council in appointing Mr. Giuseppe Cogliandro, President of the Audit Chamber
for Community and International Affairs of the Corte dei Conti of Italy as ICAO’s External Auditor for the accounts of the
financial years 2014, 2015 and 2016.
X-60 Assembly Resolutions in Force

A39-36: Appointment of the External Auditor

The Assembly:

1. Notes that:

a) the Financial Regulations provide that, subject to confirmation by the Assembly, the Council shall appoint
an External Auditor to the Organization; and

b) the Council approved the extension of appointment to the President of the Corte dei Conti as External
Auditor of ICAO for 2017, 2018 and 2019.

2. Confirms the action taken by the Council in appointing Mr. Raffaele Squitieri, President of the Corte dei Conti of
Italy, as the External Auditor of ICAO for the financial years 2017, 2018 and 2019.

A40-33: Appointment of the External Auditor

The Assembly:

1. Notes that:

a) the Financial Regulations provide that, subject to confirmation by the Assembly, the Council shall appoint
an External Auditor to the Organization; and

b) the Council reviewed the nominations submitted by Member States in 2019 and approved the
appointment of Mr. Michel Huissoud, President of the Swiss Federal Audit Office, as ICAO’s External
Auditor for the financial years 2020, 2021, and 2022, in accordance with Financial Regulation 13.1.

2. Expresses its sincere appreciation to Mr. Giuseppe Cogliandro, President of the Audit Chamber for Community
and International Affairs of the Corte dei Conti of Italy, Mr. Raffaele Squitieri, President of the Corte dei Conti of
Italy, and Mr. Angelo Buscema, President of the Corte dei Conti of Italy, for the high quality of their service to the
Organization as its External Auditors (2014-2019) and for their effective and cooperative assistance during that
period to the officials and organs of ICAO; and

3. Confirms:

the action taken by the Council in appointing Mr. Michel Huissoud, President of t h e Swiss Federal Audit
Office as ICAO’s External Auditor for the financial years 2020, 2021 and 2022.
X. Finance X-61

A41-33: Appointment of the External Auditor

The Assembly:

1. Notes that:

a) the Financial Regulations provide that, subject to confirmation by the Assembly, the Council shall appoint
an External Auditor to the Organization; and

b) the Council approved the extension of the appointment of the President of the Swiss Federal Audit Office
(SFAO) (Switzerland) as External Auditor of ICAO for 2023, 2024, and 2025.

2. Confirms the action taken by the Council in appointing the President of t h e Swiss Federal Audit Office (SFAO)
(Switzerland) as the External Auditor of ICAO for the financial years 2023, 2024 and 2025.

MISCELLANEOUS

A36-39: Study on the apportionment of costs between the

Administrative and Operational Service Cost (AOSC)
Fund and the Regular Programme Budget

The Assembly requests the Council to consider and approve a cost-recovery policy and work with the Secretariat to ensure
the pilot project provides accurate and timely information for the Council’s decision.

A33-24: Information and Communication Technology (ICT)

Fund

Whereas the Council considers that improvements to information and communication systems of the Organization are
important means to improve the efficiency and effectiveness of the Organization set forth in Assembly Resolutions A31-2
and A32-1;

Whereas the Assembly has noted that the current accounting system is over 30 years old and that improvements are
necessary to meet the information requirements of Contracting States for the Regular and Technical Cooperation
Programmes;

Whereas the Assembly has noted the comments of the External Auditor relating to inadequacy and risks of ICAO’s current
financial system contained in A33WP/28, AD/12 (Doc 9780); and

Recognizing that programme budget estimates do not include significant investments in information and communication
technology;
X-62 Assembly Resolutions in Force

The Assembly:

1. Requests States to make voluntary contributions in cash or in kind for ICT at ICAO;

2. Decides to use interest on the General Fund in excess to the amounts included in the budget under miscellaneous
income for the years 2001 and 2002 for improvements to the ICT and specifically for the implementation of a new financial
system;

3. Decides that the balance of unobligated appropriations including supplementary appropriations related to
Council’s authority under Financial Regulations 5.2 at 31 December 2001 be also used to fund improvements in ICT at
ICAO;

4. Resolves to create an ICT Fund with the resources noted above;

5. Instructs the Secretary General to accord high priority to the modernization of financial systems, the enhancement
of ICAO Web Sites and consolidation of file servers; and

6. Requests the Council to monitor progress achieved through the use of the ICT Fund and report at the next
ordinary session of the Assembly on use of the ICT fund.

A35-32: Information and Communication Technology (ICT)

Fund

The Assembly,

Recalling that:

1. improvements to the information and communication systems of the Organization are important means to improve
the efficiency and effectiveness of the Organization set forth in Assembly Resolutions A31-2 and A32-1;

2. the current accounting system is over 30 years old and improvements are necessary to meet the information
requirements of Contracting States for the Regular and Technical Cooperation Programmes;

3. programme budget estimates do not include significant investments in information and communication technology;
and

4. under Assembly Resolution A33-24, an Information and Communication Technology (ICT) Fund was established to
fund the modernization of financial systems, the enhancement of ICAO websites and the consolidation of file servers;

Notes the Report on the ICT Fund and the progress made on the three projects and the expenditure incurred thereon to
date;

Notes that:

1. the $2.5 million allocated to date would be insufficient to fund the modernization of the financial and related
systems;
2. the preliminary estimated cost of implementing a modern integrated financial and related systems amounts to
approximately $8 million; and

3. another $500 000 could be required to maintain and enhance the development of the ICAO website;
X. Finance X-63

Resolves:

1. to authorize the transfer of an amount of $2 million from the accumulated funds of the Administrative and
Operational Services Costs of the Technical Cooperation Programme to the ICT Fund to fund part of the cost of
modernizing the financial and related systems;

2. to authorize the Council to transfer from the Incentive for Settlement of Long-Outstanding Arrears Account to the
ICT Fund such amounts as are available and are deemed appropriate to fund the modernization of the financial and other
related systems after carefully examining its estimated costs and taking into account the needs of the Organization.

Requests:

1. States to make voluntary contributions in cash or in kind for the modernization of the financial and related systems
and the further development of the ICAO websites;

2. the Council to monitor progress achieved through the use of the ICT Fund and report at the next ordinary session
of the Assembly on the use of the ICT Fund;

3. the External Auditor to pay particular attention to the appropriate use of the funds allocated to the modernization
of financial and related systems in the course of her audit.

A22-30: Review of all aspects of language services

A36-18: Financial contributions to the Aviation Security Plan

of Action

_____________________
Appendix A

RESERVATIONS TO RESOLUTIONS ADOPTED

BY THE ICAO ASSEMBLY1

This Appendix indicates reservations to the resolutions adopted by the ICAO Assembly. For each reservation cited,
reference is made to the Resolution number and title, and, where applicable, that part of the Resolution to which the
reservation refers, to the State(s) making the reservation, and to the document(s) which contain(s) the reservation and,
where given, the accompanying supporting statement of the Member State(s).

Resolution State References

Resolution A41-21 China Operative clauses 6, 7, 9, and 17

Russian Federation Operative clauses 7, 9, and 17 bis2 a).

Venezuela (Bolivarian Operative clause 6 and Annex

Republic of)

Resolution A41-22 Brazil Operative clause 20

China Reservation to Assembly Resolution in its entirety

Russian Federation Reservation to Assembly Resolution in its entirety

Venezuela (Bolivarian Operative clauses 3, 4, 5, 6, 9 g), 10, 11, 18 and 19 f)

Republic of)

_____________________

1
Current as at date of publication. Any further updates following issuance of this publication are to be reflected on the ICAO Assembly
website (https://www.icao.int/Meetings/a41/Pages/resolutions.aspx).
2
As a consequence of re-numbering the operative clauses of Resolution A41-21, operative clause 17bis is now operative clause 18.

3/3/22
A-1 Corr.1
Appendix B

LIST OF RESOLUTIONS RESULTING FROM CONSOLIDATIONS,

WITH AN INDICATION OF THEIR ORIGIN

Resulting from Resulting from

Resolution consolidation of Resolution consolidation of

A16-6* A4-20, A10-6, A12-8, A14-3, A15-4, A21-9* A16-37, A17-2, A17-3, A17-8, A18-9
A15-19
A21-10* A16-56, A18-7
A16-9* A12-5, A15-5, A15-8, Appendix H
A21-33* A12-30, A18-24, A18-25, A19-3, A19-4,
A16-10 A12-5, A15-5 A19-5

A16-13 A4-6, A14-4 A22-12* A18-11, A21-19

A16-14* A2-8, A4-4, A10-9 A22-13* A16-3, A18-12

A16-23* A14-32, A15-19, A15-20 A23-13 A18-16, A21-22, A22-28

A16-26* A1-44, A10-33 A26-7* A17-5, A17-6, A17-7, A17-9, A17-10,

A17-11, A17-13, A17-14, A17-16, A17-17,
A16-27* A10-35, A12-21, A14-36, A15-23 A17-23, A20-2, A21-9, A22-16, A22-17,
A23-21, A23-22, A24-18, A24-19
A16-28* A10-35, A12-21, A14-36, A15-23
A31-6* A29-8, A29-9
A16-29* A2-15, A10-35, A12-21, A14-36
A31-11* A16-4, A22-12, A22-13, A22-14,
A16-30* A1-40, A10-35, A12-21, A14-36 Directive Clauses 1 c) and 3 a) 1) ii),
A22-15, A23-10, A28-3, A29-12
A16-32* A1-45, A2-22, A15-21
A31-15* A7-6, A10-40, A16-36, A27-3
A16-33* A2-13, A4-17
A32-17* A2-9, A4-19, A7-14, A7-15, A10-32,
A16-34* A10-38, A12-20, A14-35 A10-36, A12-18, A12-19, A15-5, A15-22,
A16-22, A16-26, A16-27, A16-28, A16-29,
A16-36* A10-39, A12-23, A14-38 A16-30, A16-31, A16-33, A16-34, A18-20,
A18-21, A21-26, A21-28, A22-24, A24-12,
A16-54* A11-14, A14-48, A15-36 A24-14, A26-13, A27-4, A27-15, A29-18,
A31-12, A31-13
A16-56* A6-2, A7-1, A8-7, A9-6
______________
A18-20* A14-34, A15-17 * No longer in force.
See http://www.icao.int/Meetings/a41/Pages/resolutions.aspx for
resolutions no longer in force.

_____________________

B-1
Appendix C

LIST OF RESOLUTIONS THAT HAVE BEEN CONSOLIDATED,

WITH AN INDICATION OF THE RESULTING RESOLUTION

Resolution Consolidated in Resolution Consolidated in

A1-40 A16-30* A14-48 A16-54*

A1-44 A16-26*
A1-45 A16-32* A15-4 A16-6*
A15-5 A16-9* and A16-10
A2-8 A16-14* A15-8,
A2-13 A16-33* Appendix H A16-9*
A2-15 A16-29* A15-17 A18-20*
A2-22 A16-32* A15-19 A16-6* and A16-23*
A15-20 A16-23*
A4-4 A16-14* A15-21 A16-42*
A4-6 A16-13 A15-23 A16-27* and A16-28*
A4-17 A16-33* A15-36 A16-54*
A4-20 A16-6*
A16-3 A22-13*
A6-2 A16-56* A16-4 A31-11*
A16-36 A31-15*
A7-1 A16-56* A16-37 A21-9*
A7-6 A31-15* A16-56 A21-10*

A8-7 A16-56* A17-2 A21-9*

A17-3 A21-9*
A9-6 A16-56* A17-5 A26-7*
A17-6 A26-7*
A10-6 A16-6* A17-7 A26-7*
A10-9 A16-14* A17-8 A21-9*
A10-33 A16-26* A17-9 A26-7*
A10-35 A16-27*, A16-28*, A17-10 A26-7*
A16-29* and A16-30* A17-11 A26-7*
A10-38 A16-34* A17-13 A26-7*
A10-39 A16-36* A17-14 A26-7*
A10-40 A31-15* A17-16 A26-7*
A17-17 A26-7*
A11-14 A16-54* A17-23 A26-7*

A12-5 A16-9* and A16-10 A18-7 A21-10*

A12-8 A16-6* A18-9 A21-9*
A12-20 A16-34* A18-11 A22-12*
A12-21 A16-27*, A16-28*, A18-12 A22-13*
A16-29* and A16-30* A18-16 A23-13*
A12-23 A16-36* A18-24 A21-33*
A12-30 A21-33* A18-25 A21-33*

A14-3 A16-6* A19-3 A21-33*

A14-4 A16-13 A19-4 A21-33*
A14-32 A16-23* A19-5 A21-33*
A14-34 A18-20*
A14-35 A16-34
A14-36 A16-27*, A16-28*,
A16-29* and A16-30* _________________
A14-38 A16-36* * No longer in force.
See http://www.icao.int/Meetings/a41/Pages/resolutions.aspx for
resolutions no longer in force.

C-1
C-2 Assembly Resolutions in Force

Resolution Consolidated in Resolution Consolidated in

A20-2 A26-7* A23-22 A26-7*

A21-9 A26-7* A24-18 A26-7*

A21-19 A22-12* A24-19 A26-7*
A21-22 A23-13
A27-3 A31-15*
A22-12 A31-11
A22-13 A31-11 A28-3 A31-11*
A22-14,
Directive clauses A29-8 A31-6*
1 c) and 3 a) 1) ii) A31-11* A29-9 A31-6*
A22-15 A31-11* A29-12 A31-11*
A22-16 A26-7*
A22-17 A26-7*
A22-28 A23-13

A23-10 A31-11* _________________

A23-21 A26-7* * No longer in force.
See http://www.icao.int/Meetings/a41/Pages/resolutions.aspx for
resolutions no longer in force.

_____________________
Appendix D

SUBJECT INDEX OF RESOLUTIONS IN FORCE

Accessibility
see Facilitation

Accidents
accidents and incidents records: non-disclosure: A40-2 (I-128)
assistance to victims and their families: A41-14 (I-131)
investigation: A41-10, Appendix N (II-18); A36-10 (I-127)
prevention: A36-10 (I-127)

Administrative and Operational Service Cost: A36-39 (X-61)

Aerodromes
see Airports

Africa
Regional Implementation Plan for Aviation Safety: A38-7 (II-24); A40-23 (II-25)

Agreements and arrangements

bilateral, implementation of regional plans: A22-19 (II-27)
ICAO-UN: A1-2 (I-54)
UN laissez-passer: A2-25 (I-55)

Air law
conventions: A41-4, Appendix B (V-1)
teaching: A41-4, Appendix D (V-3)

Air mail:A41-27, Appendix E (III-14)

Air Navigation Commission

composition: A38-13 (I-22)
membership: A18-2 (I-21); A27-2 (I-23), A39-6 (I-24)
panels: A41-10, Appendix B (II-7)
use of language: A22-29 (IX-2)

Air navigation facilities and services

economic justification: A16-10 (IV-5)
implementation: A22-19 (II-27); A39-22 (II-2); A41-10, Appendix E (II-9)
joint financing: A1-65 (IV-1)
regional plans and SUPPS: A41-10, Appendix E (II-10)
SARPs and PANS: A39-22 (II-2)
search and rescue: A41-10, Appendix H (II-13)

Air navigation policies: A41-10 (II-5)

D-1
D-2 Assembly Resolutions in Force

Air quality: A41-20, Appendix H (I-77)

Air routes: cross-polar routes, use of: A36-14 (II-21)

Air traffic
coordination, civil/military: A41-10, Appendix I (II-14)
services, airspaces delimitation: A41-10, Appendix G (II-11)

Air transport
consolidated statement: ICAO policies: A41-27 (III-1)
services: A27-13 (I-105)

Aircraft
design code: A33-11 (I-107)
disinsection: A40-14 (I-104)
lease, charter and interchange: A23-13 (II-40)
new types, systems planning: A23-14 (II-37)
noise: policies and programmes: A41-20, Appendix C (I-68)
noise: subsonic: A41-20, Appendix D (I-71)
supersonic: A41-20, Appendix G (I-76)

Aircraft engine emissions: A41-21 (I-79)

Airport and airspace congestion: A27-11 (II-38)

Airports
noise: A41-20, Appendix E (I-73)
provision: A41-10, Appendix J (II-15)
re-establishment of operation: A22-11 (VI-10)

Airports and air navigation services: A41-27, Appendix C (III-9)

Airspace congestion
see Airport and airspace congestion

Airworthiness certificates: A33-11 (I-107); A41-10, Appendix C (II-8)

Alcohol: abuse: testing programmes: A33-12 (II-43)

Arrears:
incentive for settlement: A38-25 (X-52)
settlement: A34-1 (X-53); A39-31 (X-50)

Assembly
extraordinary sessions: A14-5 (I-28)
invitations: A5-3 (I-31)
resolutions, consolidation: Appendices B and C
resolutions in force: Appendix E
resolutions in force: subject index: Appendix D
resolutions, reservations: Appendix A
Appendix D D-3

rules of procedure: (I-28)

Arabic text: A25 Decision (I-29)
Russian text: A22 Decision (I-29)
sessions, frequency and site: A8-1 (I-27); A16-13 (I-30); A22 Decision (I-29)

Assessments
payment, delays: A26-23 (X-6)
principles: A36-31 (X-15)

scales 2017-2019: A39-32 (X-17)

scales 2020-2022: A40-30 (X-24)
scales 2023-2025: A41-29 (X-30)

Assistance to States (See also Technical cooperation)

financing regional plans: A16-10 (IV-5)
implementation of regional plans: A16-10 (IV-5); A22-19 (II-27); A41-10, Appendix E (II-9)
implementation of SARPs and PANS: A39-22 (II-2)
missions, technical secretariat: A41-10, Appendix M (II-17)
personnel and equipment, re-establishment of operation of airports: A22-11 (VI-10)
search and rescue services: A41-10, Appendix H (II-13)

Audit reports: A37-30 (X-55); A38-29 (X-55); A39-35 (X-56); A40-32 (X-57); A41-32 (X-57)

Aviation accidents
assistance to victims and families: A41-14 (I-131)
investigations: A41-10, Appendix N (II-18)
protection of records: A40-2 (I-128)

Aviation Security Declaration: A41-18 (VII-3)

Aviation Security Plan of Action: financial contributions: A36-18 (VII-19)

Aviation training: A41-10, Appendix D (II-8)

Aviation war risk insurance: assistance: A33-20 (V-13)

Balanced approach
see Noise

Belarus, infractions by: A41-1

(see also Convention on International Civil Aviation, 1944)

Budgets
2008-2009-2010: A36-29 (X-36)
2011-2012-2013: A37-26 (X-38)
2014-2015-2016: A38-22 (X-40)
2017-2018-2019: A39-37 (X-41)
2020-2021-2022: A40-34 (X-43)
2023-2024-2025: A41-28 (X-45)

CAPSCA: A37-13; A40-14; A41-11

Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA): A41-22 (I-80)
D-4 Assembly Resolutions in Force

Certificates
airworthiness: A41-10, Appendix C (II-8)
flight crew, competency and licences: A21-24 (II-42); A41-10, Appendix C (II-8)
foreign operators: A36-6 (I-117)

Chicago Convention, 1944

amendment policy: A4-3 (I-2)
Article 3 bis — addition: A25-1 (I-9); A25-2 (I-11); A27-1 (I-11)
Article 45 — permanent seat: A8-4 (I-31); A8-5 (I-32)
Article 48(a) — Assembly extraordinary sessions: A14-5 (I-28)
Article 50(a) — Council membership: A13-1 (I-15); A17A-1 (I-16); A21-2 (I-17); A28-1 (I-18);
A28-2 (I-19); A39-4 (I-19); A39-5 (I-20)

Article 56 — Air Navigation Commission: A18-2 (I-21); A27-2 (I-23); A39-6 (I-24); A39-7 (I-25)
Article 83 bis — addition: A23-3 (I-9)
Article 83 bis — transfer of certain functions and duties: A23-2 (I-7)
Article 93 bis — ICAO membership: A1-3 (I-13)
Articles 48(a), 49(e) and 61 — Assembly sessions: A8-1 (I-27)
authentic text, Chinese: A32-2 (I-6)
authentic text, French and Spanish: A16-16 (I-3)
authentic text, Russian: A22-2 (I-4)
Final Clause, amendment: A22-3 (I-5); A24-3 (I-5); A31-29 (I-6); A32-3 (I-7)
Infractions of: A41-1 (I-48); A41-2 (I-49); A41-3 (I-51)

Civil aircraft: misuse: declaration: A33-1 (VII-1)

Civil aviation: environmental impact: A41-20, Appendix H (I-77)

Climate change: A41-21 (I-79)

Commercial rights
see Agreements and arrangements

Commercial space transport (CST): A40-26 (I-63)

Communicable diseases: protection and prevention:

air travel: A37-13 (I-102)
passengers and crews: A35-12 (I-99)

Communications, navigation, surveillance/air traffic management (CNS/ATM)

consolidated statement: ICAO policies and practices: A41-8 (I-108)
follow-up to the 1998 Conference: A32-12 (I-112)
global air-ground communications: legal aspects: A29-19 (I-12)
Global Navigation Satellite System (GNSS):
Charter on the Rights and Obligations of States: A32-19 (V-11)
implementation: legal aspects: A32-20 (V-12); A41-4, Appendix F (V-5)
legal and institutional aspects: A41-4, Appendix F (V-5)

Conflicts of interest in civil aviation: A39-8 (V-8)

Contracting States
action regarding technical cooperation: A41-25 (II-47
cooperation: investigations: aircraft accidents: A41-10, Appendix N (II-18)
Appendix D D-5

cooperation, civil aviation safety: A25-3 (I-12)

cooperation, re-establishment of operation of airports: A22-11 (VI-10)
discharge of financial obligations see Arrears
employment of ground personnel: A41-10, Appendix K (II-16)
participation in technical work: A41-10, Appendix L (II-17)
relations with ICAO: A1-14 (I-39); A1-15 (I-43); A2-26 (I-34); A2-27 (I-41)

Controlled flight into terrain (CFIT) prevention programme: implementation: A31-9 (I-125)

Convention on International Civil Aviation, 1944

see Chicago Convention, 1944

Convention on the Marking of Plastic Explosives for the Purpose of Detection:

Article IV: application: A35-2 (VII-21)

Conventions and Protocols

Beijing Convention : A39-10 (V-9)
Beijing Protocol : A39-10 (V-9)
Kyoto Protocol: A41-21 (I-79)
Montreal Convention : A39-9 (V-9)

Cooperation among Contracting States: safety of civil aviation: A25-3 (I-12)

COVID-19 pandemic: A41-11 (I-100_

Council
arbitral body: A1-23 (I-230)
extraordinary session: A24-5 (I-44)
Member States’ obligations: A4-1 (I-20)
membership increase: A13-1 (I-15); A17A-1 (I-16); A21-2 (I-17); A28-1 (I-18);
A28-2 (I-19); A39-4 (I-19)

Council Aviation Recovery Taskforce (CART): A41-11

(see also COVID-19 Pandemic)

Cuban aircraft, sabotage and destruction: A22-5 (I-46)

Cybersecurity: A41-19 (VII-23)

Declaration on Aviation Security: A41-18 (VII-3)

Democratic People’s Republic of Korea, infractions by: A41-3

(see also Convention on International Civil Aviation, 1944)

Differences (SARPs and PANS): A39-22 (II-2)

Disaster risk reduction and response mechanisms: A41-13 (I-135)

Disinsection of aircraft: A40-14 (I-104)

Disputes, settlement: A1-23 (I-30)

D-6 Assembly Resolutions in Force

Documentation
dispatch: A3-5 (IX-7)
publication and distribution: A24-21 (IX-6)

Economic development: A41-25 (VI-1)

Economic regulation: A41-27, Appendix A (III-3)

Emblem and seal of ICAO: A31-1 (I-39)

Emissions trading: A41-21 (I-79)

Environmental protection
climate change: A41-21 (I-79)
fuel: A41-21; A41-22
general: A41-20, Appendix A (I-64)
ICAO policies and practices: A41-20 (I-64); A41-21 (I-79); A41-22 (I-89)
invasive alien species, prevention: A36-21 (I-96)

Experts
regional offices: A41-10, Appendix M (II-17)
technical assistance: A40-24 (II-42)

External auditor: A5-10 (X-58); A36-38 (X-58)

appointment: A36-38 (X-58); A37-31 (X-59); A38-30 (X-59); A39-36 (X-60); A40-33 (X-60);
A41-33 (X-61)

Facilitation:)
accessibility: A41-15
consolidated statement: A41-17

Fact-Finding Investigation Team (FFIT): A41-1

(see also Convention on International Civil Aviation, 1944)

Fellowships and scholarships: A40-24, Appendix B (VI-3)

Financial regulations: A36-35 (X-1); A37-29 (X-2); A38-28 (X-2); A39-34 (X-4); A41-31 (X-5)

Flight crew, certificates of competency and licences: A41-10, Appendix C (II-8)

Flight simulation training devices (FSTD): A38-10 (II-48)

Forecasting and economic planning: A41-27, Appendix E (III-14)

Gender (see Secretariat)

Global air-ground communications

see Communications, navigation and surveillance/air traffic management (CNS-ATM)

Global Air Navigation Plan (GANP): A41-6, Appendix B (II-31)

Global Aviation Safety Plan (GASP): A41-6, Appendix A (II-30)

Appendix D D-7

Global rule harmonization: A29-3 (I-107)

GNSS
see Communications, navigation, surveillance/air traffic management (CNS/ATM)

Ground personnel employment conditions: A41-10, Appendix K (II-16)

Halon replacement: A39-13 (II-45)

Headquarters: permanent seat: A8-4 (I-31); A8-5 (I-332)

Hijacking
see Unlawful interference

Human trafficking: A41-16 (III-26)

Humanitarian flights: A29-14 (I-131)

ICAO
emblem and seal: A31-1 (I-39)
50th Anniversary Celebrations (1994): A29-1 (I-1)
increasing the effectiveness: A41-23 (I-33); A32-1 (I-36); A33-3 (I-38)
membership: A1-3 (I-13); A1-9 (I-14)
permanent seat: A8-4 (I-31); A8-5 (I-32)
policies: legal field: A41-4 (V-1)
policies: legal field: general policy: A41-4, Appendix A (V-1)
Programme for Aviation Volunteers (IPAV): A39-17 (VI-9)

Implementation of regional plans

assistance and advice: A22-19 (II-27); A40-4(VI-11)
aviation safety in Africa: A38-7 (II-24)

Information and Communication Technology (ICT) Fund: A33-24 (X-61); A35-32 (X-62)

Innovation in aviation: A40-27 (I-140)

Intergovernmental Panel on Climate Change: A41-21 (I-79)

International Civil Service Commission: A21-12 (I-59)

International Day of Peace: A24-1 (I-106)

International Financial Facility and Aviation Safety (IFFAS): A34-1 (X-53)

International Instruments, ICAO

ratification, status: A41-4, Appendix C (V-2)

International organizations
relations with ICAO: A1-10 (I-52); A1-11 (I-53); A5-3 (I-31)
United Nations see United Nations

Invitations to participate in future sessions of the Assembly: A5-3 (I-31)

D-8 Assembly Resolutions in Force

Iraqi invasion of Kuwait: aeronautical consequences: A28-7 (I-46)

Israel: A19-1 (I-43); A20-1 (I-44)

Jerusalem airport: A21-7 (I-45); A23-5 (I-45)

Joint financing: A1-65 (IV-1); A14-37 (IV-5); A16-10 (IV-5)

Joint Inspection Unit: A22-7 (I-58)

Laissez-passer: A2-25 (I-55)

Land-use: planning and management: A41-20, Appendix F (I-75)

Language proficiency requirements for radiotelephony communications: A38-8 (II-44)

Languages
Arabic, extension of services in ICAO: A26 Decision: (IX-3); A29-21 (IX-4)
limited use: A21 Decision (IX-3)
use at Assembly sessions: A23 Decision (IX-3)
Chinese, extension of services in ICAO: A31-16 (IX-4)
introduction: A22 Decision (IX-4)
services: A22-30 (IX-2); A37-25 (IX-1)
use: Air Navigation Commission: A22-29 (IX-2)

Law of Treaties: 1986 Vienna Convention: confirmation: A33-5 (I-42)

Lebanese aircraft diverted and seized: A20-1 (I-44)

Legal Committee:
Constitution: A7-5 (I-25)
75th Anniversary: A41-5 (I-26)

Libyan aircraft shot down: A19-1 (I-43)

Licences, flight crew: A21-24 (II-42); A40-4, Appendix C (II-9)

Long-term Global Aspirational Goal (LTAG): A41-21 (I-79)

Meetings
air navigation: A41-10, Appendix A (II-6)
documentation: A3-5 (IX-7)
ICAO, participation of PLO as observer: A22-6 (I-60)
informal: A22-19, clause c) (II-27)
preparation and conduct: A11-16 (I-38)
Regional Air Navigation (RAN): A41-10, Appendix F (II-10)
Specialized Agencies, invitations to liberation movements: A21 Decision (I-55)

Narcotic drugs
suppression of illicit transport by air: ICAO role A27-12 (I-96)
testing programme: A33-12 (II-43)
Appendix D D-9

New entrant(s)
Air navigation and air traffic management: A41-9 (II-39); A41-27 (III-1)
CORSIA: A41-22 (I-89)
Next Generation of Aviation Professionals: A39-29 (II-46)

No Country Left Behind initiative: A39-23 (I-133)

Noise
balanced approach: A41-20, Appendix C (I-68)

Outer space: A29-11 (I-61)

Palestine Liberation Organization: participation in ICAO as observer: A22-6 (I-60)

Panels: A41-10, Appendix B (II-7)

Peace and security: A5-5 (I-55)

Performance-based navigation global goals: A37-11 (II-33)

Personnel policy: A1-51 (VIII-1)

Privileges and immunities: A2-26 (I-40); A2-27 (I-41); A26-3 (I-40)

Procedures for air navigation services (PANS)

development: A39-22 (II-2)
formulation: A39-22 (II-2)
implementation of SARPs and PANS: A39-22 (II-2)

Public information policy: A1-15 (I-43)

Publications: A1-54 (IX-5)

Radio frequency spectrum: ICAO policy: A41-7 (I-129)

Radiotelephony communications: English language: proficiency: A38-8 (II-44)

Recommended practices
definition: A39-22 (II-2)
development: environment: A41-20, Appendix B (I-65)
formulation: A39-22 (II-2)
implementation: A39-22 (II-2)

Regional civil aviation bodies: relationships with ICAO: A27-17 (I-56); A37-21 (I-57)

Regional offices: Secretariat: A41-10, Appendix M (II-17)

Regional organizations: relationships with ICAO: A37-21 (I-57)

Regional Plans
financing: A16-10 (IV-5)
formulation: A41-10, Appendix E (II-9)
implementation: A22-19 (II-27); A41-10, Appendix E (II-9)
D-10 Assembly Resolutions in Force

Regional Supplementary Procedures (SUPPS)

formulation: A41-10, Appendix E (II-9)
implementation: A41-10, Appendix E (II-9)

Resource mobilization: A40-22 (I-1139)

Runway safety: A37-6 (I-126)

Russian aircraft, acts of terrorism and destruction: A35-1 (I-48)

Russian Federation, infractions by: A41-2 (I-49)
(see also Convention on International Civil Aviation, 1944)

Safeguarding international public air transport: A27-13 (I-105)

Safety
data collection and processing: A40-3 (II-32)
Fund (SAFE): A37-16 (I-124)
global planning for safety: A40-1 (II-28)
human factors: A41-10, Appendix O (II-19)
information: code of conduct: A37-1 (I-60)
regional cooperation and assistance to resolve safety-related deficiencies: A40-6 (I-118)
runways: A37-6 (I-126)
unified strategy to resolve safety-related deficiencies: A40-6 (I-118)

Safety of navigation: A32-6 (I-47)

Safety oversight
audit programme: A32-11 (I-114); A33-9 (I-115); A40-13 (I-121)
improvement: A29-13 (I-113)

Search and rescue services: A41-10, Appendix H (II-13)

Secretariat
appointments and promotions: A1-8 (VIII-8)
gender equality: A41-26 (VIII-5)
general personnel policy: A1-51 (VIII-1)
geographical representation: A14-6 (VIII-3); A24-20 (VIII-4)
national distribution: A4-31 (VIII-3)
privileges and immunities: A2-27 (I-41)
recruitment policy: A14-6, clauses 2 and 3 (VIII-4)
secondment: A1-51, clause 3 (VIII-2)
short-term appointments: A14-6, clause 2 (VIII-4)
technical assistance experts: A41-25, Appendix C (VI-7)
technical work: A41-10, Appendix L (II-17)

Security specifications and measures

see Unlawful interference

Shooting down of a Libyan civil aircraft: A19-1 (I-43)

Sickle cell trait: A21-24 (II-42)

Sonic boom: A41-20, Appendix G (I-76)

Appendix D D-11

Staff Pension Committee: A3-9 (VIII-7)

Standards: A39-22 (II-2)

State letters
addressing the low response rate: A39-21 (II-20)

Statistics: A41-27, Appendix D (III-12)

Substance abuse
drug and alcohol: testing programme: A33-12 (II-43)
workplace: role of ICAO: A29-16 (II-42)

Supersonic aircraft
see Aircraft

Sustainable Aviation Fuels (see Environmental Protection)

Sustainable Development Goals: A41-24 (I-136)

Systems
planning: A23-14 (II-37)

Taxation: A41-27, Appendix B (III-9)

Technical cooperation: A41-25 (VI-1)

Technical work: States’ participation: A41-10, Appendix L (II-17)

Terms of office of Secretary General and the President of the Council: A38-21 (VIII-2)

Tobacco smoking: restrictions: international passenger flights: A29-15 (I-98)

Training and capacity-building strategies: A40-25 (II-47)

Unannounced missile launches: A41-3 (I-51)

(see also Convention on International Civil Aviation)

United Nations
agreement with ICAO: A1-2 (I-54)
ECOSOC Resolution 222 (IX) A: A41-25, Appendix A (VI-1)
laissez-passer: A2-25 (I-55)
relations with ICAO: A2-24 (I-54)
Sustainable Development Goals: A41-23 (I-33)
tenth anniversary: A9-16 (I-56)
United Nations Framework Convention on Climate Change (UNFCCC): A41-21 (I-79)

Universal Safety Oversight Audit Programme: A32-11 (I-114); A33-9 (I-115); A40-13 (I-121)

Universal Security Audit Programme: A41-18, Appendix E (VII-14)

D-12 Assembly Resolutions in Force

Unlawful interference
aircraft in-flight destruction: A27-9 (VII-20); A33-1 (VII-1); A35-1 (I-48)
Assembly declaration: A17-1 (VII-2)
Council: action: A41-18, Appendix G (VII-16)
general policy: A41-18, Appendix A (VII-4)
international legal instruments: A41-18, Appendix B (VII-7)
international organizations: cooperation: A41-18 (VII-3)
MANPADS export control: A36-19 (VII-20)
misuse of aircraft: declaration: A33-1 (VII-1)
States: action: A41-18, Appendix D (VII-12)
technical security measures: A41-18, Appendix C (VII-8)

Unlawful seizure of aircraft (See also Unlawful interference): A41-18 (VII-3)

Unruly/disruptive passengers: offences: national legislation: A41-4, Appendix E (V-4)

Voting power suspension: A39-31 (X-50)

Working capital fund: A41-30 (X-48)

_____________________
Appendix E

INDEX OF RESOLUTIONS IN FORCE*

(in numerical order)

Resolution Page Resolution Page Resolution Page

A1-2 I-54 A13-1 I-15 A24-1 I-106

A1-3 I-13 A14-5 I-28 A24-3 I-5
A1-8 VIII-8 A24-5 I-44
A1-9 I-14 A14-6 VIII-3
A1-10 I-52 A14-37 IV-5 A24-20 VIII-4
A16-10 IV-5 A24-21 IX-6
A1-11 I-53 A16-13 I-30 A25-1 I-9
A1-14 I-39 A16-16 I-3 A25-2 I-11
A1-15 I-43 A25-3 I-12
A1-23 I-30 A17-1 VII-2
A1-51 VIII-1 A17A-1 I-16 A26-3 I-40
A18-2 I-21 A26-23 X-6
A1-54 IX-5 A19-1 I-43 A27-1 I-11
A1-65 IV-1 A20-1 I-44A21-2 I-17 A27-2 I-23
A2-24 I-54 A27-9 VII-20
A2-25 I-55 A21-7 I-45
A2-26 I-40 A21-12 I-59 A27-11 II-38
A21-24 II-42 A27-12 I-96
A2-27 I-41 A22-2 I-4 A27-13 I-105
A3-5 IX-7 A22-3 I-5 A27-17 I-56
A3-9 VIII-8 A28-1 I-18
A4-1 I-20 A22-5 I-46
A4-3 I-2 A22-6 I-60 A28-2 I-19
A22-7 I-58 A28-7 I-46
A4-31 VIII-3 A22-11 VI-10 A29-1 I-1
A5-3 I-31 A22-19 II-27 A29-3 I-107
A5-5 I-55A5-10 X-58 A29-11 I-61
A7-5 I-25 A22-29 IX-2
A22-30 IX-2 A29-13 I-113
A8-1 I-27 A23-2 I-7 A29-14 I-131
A23-3 I-9 A29-15 I-98
A8-4 I-31 A23-5 I-45 A29-16 II-42
A8-5 I-32A9-16 I-56 A29-19 I-12
A11-16 I-38 A23-13 II-40
A23-14 II-37 A29-21 IX-4
A31-1 I-39

*Note.— Regarding resolutions no longer in force, please refer to the separate publication “Assembly Resolutions no Longer
in Force”.

In addition to the resolutions listed in this Index, three other resolutions are also in force but their texts have not been reproduced in this
document for the following reason:

— A6-12, A12-4 and A14-1: these resolutions govern the Standing Rules of Procedure of the Assembly. The current version of these
Rules appears in Doc 7600.

E-1
E-2 Assembly Resolutions in Force

Resolution Page Resolution Page Resolution Page

A31-9 I-125 A37-30 X-55 A40-26 I-63

A31-16 IX-4 A37-31 X-59 A40-27 I-140
A31-29 I-6 A38-7 II-24
A32-1 I-36 A38-8 II-44 A40-29 X-50
A32-2 I-6 A38-10 II-48 A40-30 X-24
A40-32 X-57
A32-3 I-7 A38-13 I-22 A40-33 X-60
A32-6 I-47 A38-21 VIII-2 A40-34 X-43
A32-11 I-114 A38-22 X-40
A32-12 I-112 A38-23 X-49 A41-1 I-48
A32-19 V-11 A38-25 X-52 A41-2 I-49
A41-3 I-51
A32-20 V-12 A38-28 X-2 A41-4 V-1
A33-1 VII-1 A38-29 X-55 A41-5 I-26
A33-3 I-38 A38-30 X-59
A33-5 I-42 A39-4 I-19 A41-6 II-29
A33-9 I-115 A39-5 I-20 A41-7 I-129
A41-8 I-108
A33-11 I-107 A39-6 I-24 A41-9 II-39
A33-12 II-43 A39-7 I-25 A41-10 II-5
A33-20 V-13 A39-8 V-8
A33-24 X-61 A39-9 V-9 A41-11 I-100
A34-1 X-53 A39-10 V-9 A41-12 I-102
A41-13 I-135
A35-1 I-48 A39-13 II-45 A41-14 I-131
A35-2 VII-21 A39-17 VI-9 A41-15 III-26
A35-12 I-99 A39-21 II-20
A35-32 X-62 A39-22 II-2 A41-16 III-27
A36-6 I-117 A39-23 I-133 A41-17 III-16
A41-18 VII-3
A36-10 I-127 A39-29 II-46 A41-19 VII-23
A36-14 II-21 A39-31 X-50 A41-20 I-63
A36-18 VII-19 A39-32 X-17
A36-19 VII-20 A39-34 X-4 A41-21 I-79
A36-21 I-96 A39-35 X-56 A41-22 I-89
A41-23 I-33
A36-29 X-36 A39-36 X-60 A41-24 I-136
A36-31 X-15 A39-37 X-41 A41-25 VI-1
A36-35 X-1 A40-2 I-128
A36-38 X-58 A40-3 II-32 A41-26 VIII-5
A36-39 X-61 A40-5 II-23 A41-27 III-1
A41-28 X-45
A37-1 I-60 A40-6 I-118 A41-29 X-30
A37-6 I-126 A40-8 II-50 A41-30 X-48
A37-11 II-33 A40-12 VII-17
A37-16 I-124 A40-13 I-121 A41-31 X-5
A37-21 I-57 A40-14 I-104 A41-32 X-57
X41-33 X-61
A37-25 IX-1 A40-22 I-139
A37-26 X-38 A40-23 II-25
A37-29 X-2 A40-25 II-47

— END —

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