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REPORT OF THE - Archives - Syracuse University

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against foreign international airports and the international aviation industry in general.<br />

The Act draws its ultimate authority from the U.S. sovereign right to control landing<br />

rights in this country.<br />

The Act directs the Secretary of Transportation to conduct periodic security assessments<br />

of foreign international airports used by American carriers and airports from which<br />

foreign carriers last depart to the United States. These assessments are measured against<br />

the minimum standards set by ICAO.<br />

The Secretary of Transportation, in conducting these assessments under the Foreign<br />

Airport Assessment Program, must consult with the Secretary of State on the extent of<br />

the terrorist threat in each country. If the assessment determines that an airport's security<br />

procedures are deficient, the Secretary of Transportation notifies the foreign government.<br />

This occurs after advising the Secretary of State. The notification includes recommended<br />

steps necessary to correct the deficiencies.<br />

A finding of deficiency sets in process a 90-day period during which the foreign<br />

government must bring its airport up to standard. If it fails to do so, the Act imposes a<br />

series of sanctions:<br />

the Secretary of State must issue a travel advisory;<br />

the identity of the airport must be published in the Federal Register;<br />

the decision must be advertised publicly; and<br />

a travel advisory must be included with all tickets between the United States and that<br />

airport.<br />

All assistance under the Foreign Assistance Act of 1961 and the Arms Export Control<br />

Act to that country may also be suspended.<br />

In addition to the 90-day process, the Act provides for immediate notification, issuance of<br />

the travel advisory, and suspension of air service to any airport if the Secretary of<br />

Transportation determines that a condition exists which threatens the safety and security<br />

of passengers, crews or aircraft.<br />

A total of 247 foreign airports in 99 countries currently must be assessed under the<br />

program. The FAA's goal is to assess each of these annually, typically involving a threeto<br />

five-day visit by a two-member team. Severe FAA personnel shortages generally limit<br />

the depth of these assessments to interviews and observations. The FAA regional office<br />

in Brussels for Europe, Africa, and the Middle East, for instance, has a staff of 13 to<br />

cover 42 countries and 123 airports. Inspectors do not substantively test the operational<br />

effectiveness of security procedures. The FAA inspectors do, however, describe in detail<br />

the security measures in place for each ICAO standard.<br />

Since the program began in 1986, the FAA has conducted 957 foreign airport<br />

assessments and made 1,082 recommendations. Significantly, only four assessments<br />

triggered the 90-day period; and only in one case, Manila in 1986, were the sanctions<br />

invoked.<br />

According to FAA officials, in most cases the foreign airports move immediately to<br />

correct deficiencies and to implement improvements. When a 90-day countdown does<br />

begin, FAA calls upon the assistance available from other U.S. agencies and ICAO to<br />

facilitate improvements. The Foreign Airport Security Act, therefore, generates security<br />

compliance and improvements in a low-key and generally cooperative fashion.

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