Regulation of Air Cargo

Annex 9 to the Chicago Convention in its Chapter 4 has several provisions pertaining to cargo which comes under the purview of ICAO. With a view to facilitating and expediting the release and clearance of goods carried by air, Contracting States are required to adopt regulations and procedures appropriate to air cargo operations and shall apply them in such a manner as to prevent unnecessary delays. Standards and Recommended Practices on Facilitation were first adopted by the Council on 25 March 1949, pursuant to the provisions of Article 37 of the Convention on International Civil Aviation (Chicago, 1944), and designated as Annex 9 to the Convention with the title “Standards and Recommended Practices — Facilitation”. They became effective on 1 September 1949. To begin with, States are advised that with respect to cargo moving by both air and surface transport under an air waybill, Contracting States should apply the same regulations and procedures and in the same manner as they are applied to cargo moving solely by air. When introducing or amending regulations and procedures for the release and clearance of goods carried by air, Contracting States are required to l consult with aircraft operators and other parties concerned, with the aim of accomplishing the actions set forth in the Annex. Furthermore, Contracting States are required to develop procedures for the pre-arrival and pre-departure lodgement of an import and export goods declaration to enable expeditious release/clearance of the goods. Where the nature of a consignment could attract the attention of different public authorities, e.g. the customs, veterinary or sanitary controllers, Contracting States shall endeavour to delegate authority for release/clearance to customs or one of the other agencies or, where that is not feasible, take all necessary steps to ensure that release/clearance is coordinated and, if possible, carried out simultaneously and with a minimum of delay. Contracting States are not normally expected to require the physical examination of cargo to be imported or exported and are required to use risk management to determine which goods shall be examined and the extent of that examination. Where practicable, and with a view to improving efficiency, modern screening or examination techniques are required to be used to facilitate the physical examination of goods to be imported or exported.