AVIATION SECURITY: SUBSIDIARY LEGISLATION

INDEX TO SUBSIDIARY LEGISLATION

Aviation Security (General) Regulations

AVIATION SECURITY (GENERAL) REGULATIONS

 

(section 63)

 

(8th March, 2013)

 

ARRANGEMENT OF BYE-LAWS

 

   REGULATIONS

 

 

 

PART I
Preliminary

 

   1.   Citation

 

   2.   Interpretation

 

 

 

PART II
Duties of Operators

 

 

 

A. Aircraft operators

 

   3.   Duties of aircraft operators

 

 

 

B. Aerodrome operators

 

   4.   General duties of aerodrome operators

 

   5.   Control of access by tenants

 

 

 

C. Regulated agents

 

   6.   Acceptance of goods by regulated agents

 

   7.   Application for approval as known consignor

 

   8.   Renewal of certificate of approval as known consignor

 

   9.   Acceptance of carry-on baggage by regulated agents

 

 

 

D. Catering operators

 

   10.   Duties of catering operators

 

 

 

PART III
Aviation Security

 

 

 

A. Screening of persons, goods, things and vehicles

 

   11.   Qualifications of aviation security officers

 

   12.   Circumventing screening

 

   13.   Screening while in possession of weapons

 

   14.   Passenger identification

 

 

 

B. False statements relating to baggage

 

   15.   Baggage, cargo or stores

 

   16.   Weapons, etc.,

 

   17.   Power to destroy baggage

 

 

 

C. Catering stores and supplies for air transportation

 

   18.   Acceptance of catering supplies and stores

 

 

 

D. Sale, carriage and transportation of weapons, explosive substances and incendiary devices

 

   19.   Sale of weapons, etc,.

 

   20.   Prohibition of carriage of weapons by persons

 

   21.   Prohibition of carriage of weapons by air carrier

 

   22.   Prohibition of carriage of loaded firearms by persons

 

   23.   Prohibition of carriage of loaded firearms by air carrier

 

   24.   Carriage of unloaded firearm

 

   25.   Consumption of alcoholic beverages by persons with access to firearm

 

   26.   Police or security officer on duty

 

   27.   Duty to inform other parties

 

   28.   Access to unloaded firearm by pilot-in-command and employee engaged in wildlife control

 

   29.   Carriage of firearm by licensed persons

 

   30.   Carriage of explosives at aerodrome

 

 

 

E. Escort of persons in custody

 

   31.   Conditions for transportation of persons in custody

 

   32.   Escort officer's obligations

 

   33.   Metal utensils or knife

 

   34.   Alcohol beverage

 

   35.   Persons suffering from mental illness

 

 

 

PART IV
Aerodrome, Air Navigation Installation and Restricted Area Access A. Identification of restricted areas

 

   36.   Identification of restricted areas

 

 

 

B. Control of access to restricted areas

 

   37.   Restricted area access control process

 

   38.   Restricted area access point

 

   39.   Restricted area identification permit card

 

   40.   Restricted area identification permit card specifications

 

   41.   Prohibitions on use of restricted area identification permit card

 

   42.   Renewal of restricted area identification permit card

 

   43.   Loss or theft of restricted area identification permit card

 

   44.   Replacement of restricted area identification permit card

 

   45.   Surrender of restricted area identification permit card

 

   46.   Display of restricted area identification permit card

 

   47.   Restricted area identification permit card to be produced for inspection

 

   48.   Restricted area visitor's permit

 

   49.   Aerodrome security work permit

 

   50.   Presentation, screening and authorised search

 

   51.   Keys, combination codes and personal identification codes

 

   52.   Records to be kept by aerodrome operator

 

 

 

C. Escort and surveillance

 

   53.   Escort and surveillance

 

   54.   Locking of doors

 

   55.   Access by unauthorised persons

 

   56.   Emergency exit

 

   57.   Trespassing

 

   58.   Presumption

 

 

 

PART V
Response, Threats, Information Reporting, Testing and Detention of Aircraft

 

   59.   Assessment of threat to flight by air carrier and aircraft operator

 

   60.   Assessment of threat to facility

 

   61.   Assessment by aerodrome operator

 

   62.   Threat to facility under control of another person

 

   63.   Other persons aware of threat

 

   64.   Necessary measures following assessment

 

   65.   Prevention of acts of unlawful interference by Authority

 

   66.   Authority's response to acts of unlawful interference

 

   67.   Mandatory reporting

 

   68.   Reporting by air carrier

 

   69.   Reporting by aerodrome operator

 

   70.   Reporting by screening authority

 

 

 

PART VI
Security Information A. Keeping of records

 

   71.   Operator to keep records

 

   72.   Provision of information by air carrier

 

   73.   Provision of information by aerodrome operator

 

   74.   Provision of information by service providers, regulated agents and catering operators

 

   75.   Provision of information by screening authority

 

   76.   Provision of information by Authority

 

 

 

B. Testing, exercises and changes of security measures

 

   77.   Testing

 

   78.   Exercises

 

   79.   Changes at aerodrome

 

 

 

PART VII
Security Programmes

 

   80.   Aerodrome Operator Security Programme

 

   81.   Aircraft Operator Security Programme

 

   82.   Regulated Agent Security Programme

 

   83.   Catering Operator Security Programme

 

   84.   Operator Aviation Security Training Programme

 

   85.   Application for approval of Security Training Programme

 

   86.   Approval of Security Training Programme

 

   87.   Renewal of approved Security Training Programme

 

   88.   Amendment of approved Security Training Programme

 

   89.   Changed conditions affecting security

 

   90.   Failure to implement security programmes

 

 

 

PART VIII
Miscellaneous

 

   91.   Enforcement notice

 

   92.   Service of enforcement notice

 

   93.   Application for exemption

 

   94.   Grant or refusal of exemption

 

   95.   Penalties

 

 

 

      SCHEDULE

S.I. 18, 2013.

PART I
Preliminary (regs 1-2)

 

1.   Citation

   These Regulations may be cited as the Aviation Security (General) Regulations.

 

2.   Interpretation

   In these Regulations, unless the context otherwise requires-

   "air carrier"means any person who operates a commercial air service;

   "air service" means any service provided for hire and reward involving the use of an aircraft;

   "aircraft manifest" means an official listing of passengers including crew members, cargo or parcels carried on board an aircraft;

   "aircraft operator" means the person who has possession of the aircraft as owner, lessee or otherwise;

   "Aircraft Operator Security Programme" means a programme required to be maintained by an aircraft operator comprising of the measures adopted by him or her to safeguard civil aviation against acts of unlawful interference under the National Civil Aviation Security Programme;

   "airside area" means the movement area of an aerodrome, adjacent terrain and buildings or portions thereof, access to which is controlled;

   "authorised person" means an aerodrome operator, employer of a person issued with a restricted area identification permit card, an aviation security officer, a police or security officer;

   "authorised search" means a search carried out by an aviation security officer during the screening of persons and goods or other things in possession or control of persons who are screened and vehicles under the care or control of persons who are screened;

   "carry-on baggage" means baggage and personal belongings to which a person has or will have access to on board an aircraft;

   "checked baggage" means any baggage and personal belongings in respect of which a baggage tag is issued after the baggage and personal belongings are accepted for transportation;

   "combination code" means a series of numbers or letters, or both, that is assigned by, or under the authority of the aerodrome operator to a person, which series, when entered into mechanical or electronic equipment on or near a door, gate or other device, unlocks or releases the door, gate or other device and permits access to a restricted area;

   "escort officer" means-

 

   (a)   a police officer;

 

   (b)   an aviation security officer; or

 

   (c)   any person authorised by the Government or any of its agencies to escort a person in custody on a flight;

   "incendiary device"means an object, other than a match or pocket lighter that is fabricated with combustible materials and designed to cause fire damage to property or inflict burn injuries on individuals;

   "key" means a device, including a card that is designed to allow entry into a restricted area and is issued by, or under the authority of the aerodrome operator to an individual;

   "known consignor" means, in relation to-

 

   (a)   cargo, the originator of property for transportation by air who has an established business with a regulated agent or aircraft operator; and

 

   (b)   mail, the originator of mail for transportation by air who has established business with a postal authority,

and has a certificate of approval as known consignor issued by the Authority under regulation 7 (4);

   "National Civil Aviation Security Programme" means a programme developed by the National Aviation Security and Facilitation Committee in terms of section 47 of the Act to safeguard against acts of unlawful interference with the safety of civil aviation and to provide for procedures to be taken to ensure safety, regularity and efficiency of civil aviation at national level;

   "personal identification code" means a series of numbers assigned by, or under the authority of the aerodrome operator to a person, which series when entered into or placed near mechanical or electronic equipment on or near a door, gate or other device, unlocks or releases the door, gate or other device and permits access to a restricted area;

   "person in custody" means a passenger who has been or is a subject of judicial or administrative proceedings and includes prisoners and deportees;

   "restricted area access point" means a point in a security barrier at which an access control system is in place which controls access to a restricted area from a non-restricted area;

   "restricted area identification permit card" means a document issued by or under the authority of an aerodrome operator, or by an air carrier with the approval of the aerodrome operator, that entitles the holder to have access to a specific restricted area for a specified period;

   "screening" means the checking, identification, observation, inspection or authorised search of persons, goods and other things in the possession or control of persons who are screened and vehicles under the care or control of persons who are screened to prevent the carrying or transport, contrary to these Regulations, of weapons, explosive substances, incendiary devices or their components or other dangerous items that could be used to jeopardise the security of an aerodrome or aircraft;

   "screening authority" means the authority responsible for screening persons, goods and other things in the possession or control of persons who are screened;

   "security barrier" means a physical structure or natural feature used to prevent or deter access by unauthorised persons to a restricted area;

   "security officer" means a security agent, operative or any member of the law enforcement agencies of Government; and

   "sterile area" means a restricted area, including any passenger loading bridges attached to it that is used to segregate the following persons at the aerodrome-

 

   (a)   passengers who have been screened;

 

   (b)   passengers who are exempted from screening in accordance with section 60 of the Act; and

 

   (c)   persons who are authorised to be in the sterile area by the aerodrome operator.

PART II
Duties of Operators (regs 3-10)

 

A. Aircraft operators

 

3.   Duties of aircraft operators

   (1) An operator of an aircraft registered or operating in Botswana shall not-

 

   (a)   transport the baggage of a passenger who is not on board the aircraft, unless after determining that the passenger is not on board, the baggage is subjected to appropriate security controls, including screening; or

 

   (b)   accept consignments of cargo, courier and express parcels or mail for carriage on passenger flights, unless the security of the consignments is accounted for by a regulated agent, or the consignments are subjected to security controls to meet the appropriate security requirements.

   (2) An operator of an aircraft registered or operating in Botswana shall-

 

   (a)   carry out and maintain, at an aerodrome, on an aircraft and at any aviation facility under the control of the aircraft operator, security measures prescribed in the National Civil Aviation Security Programme and the applicable Aircraft Operator Security Programme;

 

   (b)   ensure that-

 

      (i)   all its appropriate personnel are familiar with, and comply with the requirements of the National Civil Aviation Security Programme and the applicable Aircraft Operator Security Programme, and

 

      (ii)   all its aircrafts carry a checklist for that type of aircraft, procedures to be complied with in searching for concealed weapons, explosives or other dangerous devices;

 

   (c)   be responsible for the security of its aircraft;

 

   (d)   ensure that persons engaged to implement security controls are subject to background checks, selection procedures, are capable of fulfilling their duties and are adequately trained;

 

   (e)   institute and implement adequate security controls including background checks on persons other than passengers granted unescorted access to restricted area of the aerodrome; and

 

   (f)   ensure that persons engaged to provide cleaning services are-

 

      (i)   familiar with and comply with the requirements of the National Civil Aviation Security Programme,

 

      (ii)   are adequately trained, and

 

      (iii)   submit a valid cleaning company security declaration in Form AVSEC 1 set out in the Schedule.

   (3) The aircraft operator shall ensure that appropriate security controls approved by the Authority have been carried out, and in so doing, the aircraft operator shall-

 

   (a)   carry out appropriate security controls to the required level, to be applied to any given consignment;

 

   (b)   protect the consignment from unlawful interference while it is in custody of the aircraft operator;

 

   (c)   ensure that all consignments have been secured to an appropriate level before placed in the aircraft; and

 

   (d)   ensure that all consignments placed on board the aircraft are recorded on the aircraft manifest.

   (4) The aircraft operator shall ensure that all consignments due to be loaded into an aircraft are-

 

   (a)   delivered by an employee of the aircraft operator;

 

   (b)   accompanied by a valid documentation that has been checked for inconsistencies and fully describes the contents;

 

   (c)   accompanied by valid consignment security declaration in Form AVSEC 2 set out in the Schedule;

 

   (d)   checked to establish that there is no evidence of having been tampered with;

 

   (e)   kept secure until delivered into the aircraft operator's charge; and

 

   (f)   subjected to the appropriate level of security screening.

   (5) An aircraft operator who contravenes this regulation commits an offence and is liable to a fine not exceeding P1 000 000, or to imprisonment for a term not exceeding two years, or to both.

 

B. Aerodrome operators

 

4.   General duties of aerodrome operators

   (1) Every aerodrome operator serving civil aviation in or from Botswana shall be responsible for the security of the facilities and equipment at the aerodrome and shall-

 

   (a)   institute and maintain measures to prevent weapons, explosives or any other dangerous device which may be used to commit an act of unlawful interference, the carriage or bearing of which is not authorised, from being introduced, by any means, on board an aircraft engaged in civil aviation;

 

   (b)   ensure that-

 

      (i)   access to airside areas at the aerodrome is controlled in order to prevent unauthorised entry,

 

      (ii)   restricted areas are established at the aerodrome in accordance with these Regulations,

 

      (iii)   architectural and infrastructure related requirements necessary for the optimum implementation of security measures under the National Civil Aviation Security Programme and the applicable Aerodrome Operator Security Programme are integrated into the design and construction of new facilities and alterations to existing facilities at the aerodrome,

 

      (iv)   persons engaged to implement security controls are subject to background checks, selection procedures, are capable of fulfilling their duties and are adequately trained,

 

      (v)   originating passengers and their carry-on baggage are screened before boarding an aircraft providing air service,

 

      (vi)   originating checked baggage is screened before being loaded into an aircraft providing air service,

 

      (vii)   all checked baggage to be carried on aircraft providing air service is protected from unauthorised interference from the point it is screened or accepted into the care of the air carrier, whichever is earlier, until departure of the aircraft on which it is to be carried, and that where the integrity of checked baggage is jeopardised, the checked baggage is re-screened before being placed on board an aircraft,

 

      (viii)   air carriers do not transport the baggage of passengers who are not on board the aircraft unless that baggage is identified as unaccompanied and subjected to additional screening subsequent to it being established as unaccompanied,

 

      (ix)   transfer checked baggage is screened before being loaded into an aircraft providing air service, unless the aerodrome operator has established a validation process and continuously implements procedures in collaboration with other contracting States where appropriate, to ensure that such checked baggage has been screened at the point of origin and subsequently protected from unauthorised interference from the originating aerodrome to the departing aircraft at the transfer aerodrome,

 

      (x)   air carrier only transport items of checked baggage which have been individually identified as accompanied or unaccompanied, screened to the appropriate standard and accepted for carriage on that flight by the air carrier and that all such baggage is recorded as meeting these criteria and is authorised for carriage on that flight,

 

      (xi)   transfer and transit passengers and their carry-on baggage are subjected to adequate security controls to prevent unauthorised articles from being taken on board an aircraft,

 

      (xii)   there is no possibility of mixing or contact between passengers subjected to security control and other persons not subjected to such security control after the security screening points at aerodromes have been passed and that where mixing or contact does take place, the passengers concerned and their cabin baggage are re-screened before boarding the aircraft,

 

      (xiii)   the persons carrying out screening operations are certified by the Authority,

 

      (xiv)   luggage or personal belongings left unattended at the aerodrome are subjected to appropriate security controls and disposal procedures, and

 

      (xv)   that passenger, crew member, aerodrome staff and other non passengers do not pass through the security screening point into a restricted area unless the said persons and all items carried by them have been screened in accordance with the screening procedures issued by the Authority:

 

         Provided that-

 

         (aa)   the Authority may notify a special procedure for handling Heads of States, Heads of Foreign Missions, special category of passengers, their spouses and diplomatic pouches; and

 

         (bb)   the material that is classified by appropriate agencies of Government shall be inspected only to the extent necessary to assure the absence of weapons or dangerous articles, except that if any question regarding safety remains, the said classified material shall not be admitted in the restricted area and shall not be transported by an air carrier;

 

   (c)   establish-

 

      (i)   storage areas where mishandled baggage may be held after screening until forwarded, claimed or disposed of,

 

      (ii)   explosives disposal areas where detected explosives may be disposed of, and

 

      (iii)   person and vehicle identification systems;

 

   (d)   institute and implement adequate security controls, including background checks on persons other than passengers granted unescorted access to restricted areas;

 

   (e)   provide adequate supervision over the movement of persons and vehicles to and from the aircraft in order to prevent unauthorised access to the aircraft;

 

   (f)   make investigation and disposal, if necessary of suspected sabotage devices or other potential hazards at the aerodrome;

 

   (g)   employ and deploy suitably trained personnel to assist in dealing with suspected or actual cases of unlawful interference with civil aviation;

 

   (h)   conduct a full scale security emergency exercise that incorporates security scenarios at least once every three years; and

 

   (i)   conduct a contingency plan exercise at least once a year.

   (2) An aerodrome operator who contravenes subregulation (1), commits an offence and is liable to a fine not exceeding P1 000 000, or to imprisonment for a term not exceeding two years, or to both.

 

5.   Control of access by tenants

   (1) The aerodrome operator shall ensure that tenants whose premises or facilities form part of the landside or airside boundary through which access can be gained to the airside are responsible for prevention of unauthorised access through their premises, and shall carry on business in compliance with the Aerodrome Operator Security Programme applicable to the aerodrome.

   (2) For purposes of this regulation, "tenants" means-

 

   (a)   individuals or businesses granted a licence or other permit by the aerodrome operator to conduct business operations at the aerodrome, including concessionaries, cargo handlers, caterers, tour operators, taxi and bus operators, porters, aircraft maintenance organisations and fuel companies; and

 

   (b)   Government authorities and agencies at the aerodrome, including customs, immigration, health, agriculture and meteorology.

 

C. Regulated agents

 

6.   Acceptance of goods by regulated agents

   (1) A regulated agent shall not accept goods from any consignor for transport in an aircraft without subjecting the goods to full screening.

   (2) A regulated agent shall, before accepting goods from a consignor for transport in an aircraft-

 

   (a)   establish and register the name and the address of the consignor;

 

   (b)   establish the credentials of the person who delivers the goods as an agent of the consignor;

 

   (c)   ensure, on the basis of appropriate security controls or security screening, that such goods do not contain any prohibited items;

 

   (d)   ensure the safeguarding of such goods from unauthorised interference after acceptance;

 

   (e)   ensure goods are received by staff who are properly recruited and trained;

 

   (f)   designate a person to implement and supervise the screening process;

 

   (g)   ensure that the following categories of goods are not carried by air unless they have been subjected to screening-

 

      (i)   unaccompanied baggage,

 

      (ii)   goods from unknown consignors, and

 

      (iii)   goods for which the contents do not coincide with the description delivered; and

 

   (h)   ensure that each consignment from a known consignor is accompanied by a valid known consignor cargo security declaration providing security status of the consignment signed by or on behalf of such known consignor, in Form AVSEC 3 set out in the Schedule.

   (3) A regulated agent who offers goods to an aircraft operator for transport by aircraft shall produce and make available to the aircraft operator, and the Authority on demand, shipping documents, records of goods accepted and offered for air transport, employee training records and airway bills.

   (4) A regulated agent shall make available to the Authority, a report of any irregularities in documents or records relating to goods being offered for air transport.

   (5) All cargo and mail intended for carriage on passenger commercial flights shall be subjected to appropriate security controls by aircraft operators and regulated agents before being placed on board an aircraft.

   (6) A regulated agent or an aircraft operator who contravenes this regulation commits an offence and is liable to a fine not exceeding P1 000 000, or to imprisonment for a term not exceeding two years, or to both.

 

7.   Application for approval as known consignor

   (1) A consignor whose business is the preparation, storage and transportation of cargo for air transport, and wishes to be approved as a known consignor shall make an application to the Authority in Form AVSEC 4 set out in the Schedule.

   (2) An application for approval as a known consignor shall be accompanied by an application fee of P1 500.

   (3) On receipt of an application from a consignor under subregulation (1), the Authority shall undertake a security inspection of the consignor's premises and procedures which he or she has in place to protect cargo from unlawful interference in order to-

 

   (a)   evaluate the implementation of the security procedures;

 

   (b)   determine the ability of the procedures to prevent acts of unlawful interference with the safety of civil aviation;

 

   (c)   assess whether there is proper recruitment and training of staff and any other persons with access to cargo;

 

   (d)   assess whether the requirements of the National Civil Aviation Security Programme are complied with; and

 

   (e)   highlight any deficiencies which may be present in the consignor's security procedures.

   (4) Where the Authority is satisfied that the consignor's premises and security procedures are sufficient and meets the requirements of this regulation, it shall issue the consignor with a certificate of approval as known consignor in form AVSEC 5 set out in the Schedule.

   (5) A certificate of approval as a known consignor shall be valid for a period not exceeding two years from the date of issue.

   (6) Where the Authority determines that the consignor's premises and security procedures are insufficient to protect cargo from unlawful interference, it shall notify the consignor in writing of the deficiencies and where possible, how they can be rectified within 14 days after receipt of the application.

   (7) A consignor whose application is considered insufficient may after receiving notification of the same from the Authority, rectify and on payment of the fee of P750, re-submit the application for another security inspection to be carried out.

 

8.   Renewal of certificate of approval as known consignor

   (1) A certificate of approval as a known consignor may be renewed by filling in the applicable parts in Form AVSEC 4 set out in the Schedule for further period not exceeding two years from the date of its expiry.

 

      An application for renewal in terms of subregulation (1) shall be-

 

   (a)   made at least three months before the expiry of the certificate of approval as known consignor; and

 

   (b)   accompanied by a fee of P750.

   (2) On receipt of an application for renewal of certificate of approval as known consignor, the Authority shall undertake a further inspection to ensure that the premises and security procedures of the known consignor are sufficient and still meet the requirements of these Regulations.

   (3) Where the Authority is satisfied that the known consignor meets the requirements of subregulation (3), it shall issue a new approval as known consignor in Form AVSEC 5 set out in the Schedule.

 

9.   Acceptance of carry-on baggage by regulated agents

   (1) For the purpose of protecting passengers, crew members, aircraft and aerodromes and preventing acts of unlawful interference with civil aviation, every regulated agent shall establish measures to ensure that-

 

   (a)   only screened baggage is loaded into an aircraft engaged in civil aviation;

 

   (b)   all carry-on baggage to be carried on an aircraft providing commercial air service is protected from unauthorised interference from the point it is screened or accepted into the care of the air carrier, whichever is earlier, until departure of the aircraft on which it is to be carried, and if there are grounds to suspect that the integrity of checked baggage may be jeopardised, the carry-on baggage is re-screened before being placed on board an aircraft;

 

   (c)   persons engaged to implement security controls are subject to background checks and selection procedures, are capable of fulfilling their duties and are adequately trained; and

 

   (d)   the regulated agent institutes and implements adequate security controls, including background checks on persons other than passengers granted unescorted access to restricted areas.

   (2) A regulated agent who contravenes subregulation (1), commits an offence and is liable to a fine not exceeding P1 000 000, or to imprisonment for a term not exceeding two years, or to both.

 

D. Catering operators

 

10.   Duties of catering operators

   (1) A catering operator shall before accepting supplies and items for preparation as catering supplies and stores for transport in an aircraft-

 

   (a)   establish and register the name and address of the supplier of the catering supplies and stores;

 

   (b)   establish the credentials of the person who delivers the catering supplies and stores as an agent of the supplier of the catering supplies and stores;

 

   (c)   ensure, on the basis of appropriate security controls or security screening, that the catering supplies and stores do not contain any prohibited items;

 

   (d)   ensure the safeguarding of the catering supplies and stores from unauthorised interference after acceptance;

 

   (e)   ensure the catering supplies and stores are received by staff who are properly recruited and trained by the operator;

 

   (f)   designate a person to implement and supervise the screening process;

 

   (g)   ensure that catering supplies and stores are not carried by air unless they have been subjected to screening;

 

   (h)   ensure that each shipment of catering supplies and stores is accompanied by documentation providing the statement of the security status of the shipment;

 

   (i)   ensure that persons engaged to implement security controls are subject to background checks, selection procedures, are capable of fulfilling their duties and are adequately trained; and

 

   (j)   institute and implement adequate security controls, including background checks on persons other than passengers granted unescorted access to restricted areas.

   (2) A catering operator who offers catering supplies and stores to an aircraft operator for transport by air shall produce and make available to the aircraft operator and the Authority on demand, shipping documents, records of catering supplies and stores accepted and offered for air transport, employee training records and other accountable catering documents.

   (3) A catering operator who contravenes this regulation commits an offence and is liable to a fine not exceeding P1 000 000, or to imprisonment for a term not exceeding two years, or to both.

PART III
Aviation Security (regs 11-35)

 

A. Screening of persons, goods, things and vehicles

 

11.   Qualifications of aviation security officers

   (1) The Authority, or any screening authority authorised by the Authority shall ensure that any person who acts or will act as aviation security officer meets the minimum standards set out in circulars issued by the Authority under section 15 of the Act.

   (2) The aviation security officer shall not conduct an authorised search of persons, goods or other things in the possession or control of persons who are screened or vehicles under the care or control or persons who are screened unless the aviation security officer meets the minimum standards set out in the circulars issued by the Authority under section 15 of the Act.

   (3) The aviation security officer shall conduct himself or herself in accordance with the Aviation Security Code of conduct as specified in section 2.14 of the Aviation Security Procedures Manual.

   (4) The aviation security officer shall perform duties to standards specified in the aviation Security Procedure Manual Volume 1.

   (5) Any person who contravenes this regulation commits an offence and is liable to a fine not exceeding P1 000 000, or to imprisonment for a term not exceeding two years, or to both.

 

12.   Circumventing screening

   (1) A person screened under the National Civil Aviation Security Programme and Aerodrome Operator Security Programme applicable to the aerodrome shall not circumvent screening of their person or goods or other things in their possession or control or a vehicle under their care or control or assist another person to circumvent a screening of that person, their goods or other things in their possession or control or a vehicle under that person's care or control.

   (2) Any person who contravenes this regulation commits an offence and is liable to a fine not exceeding P1 000 000, or to imprisonment for a term not exceeding two years, or to both.

 

13.   Screening while in possession of weapons

   (1) Subject to this regulation, a police or security officer shall, prior to being subjected to screening while in possession of a weapon, firearm or ammunition, submit to the aviation security officer all accompanying documents and relevant identification permit card issued by the appropriate employing organisation to allow the police or security officer to proceed through the screening process.

   (2) The weapon, firearm or ammunition shall be unloaded prior to screening and safely contained in the appropriate container and shall not be shown or revealed to any person while going through screening.

   (3) A person referred to in regulation 26, 28 or 29 shall submit to the screening of their person, their carry-on baggage or other things in their possession or control or a vehicle under their care while carrying a weapon, firearm or ammunition so as to allow the police or security officer subject to subregulation (1) to go through the screening barrier.

   (4) A person referred to in regulation 30(1) shall submit to a screening of their person or things in their possession or control or a vehicle under their care or control while carrying an explosive substance or an incendiary device so as allow the police or security officer subject to subregulation (1) to go through the screening barrier.

   (5) The police or security officer shall enter in the appropriate register, all weapons, firearms or ammunition, authorisations or permits associated with the carriage of weapons, firearms or ammunition including personal details and flight number.

 

14.   Passenger identification

   (1) A passenger who departs, arrives or is in transit at an aerodrome in Botswana to or from a destination within Botswana shall-

 

   (a)   if he or she is a citizen of Botswana, produce a valid identity card or passport; and

 

   (b)   if he or she is a foreign national, produce a valid passport.

   (2) A passenger who is a citizen of Botswana who departs from or arrives at an aerodrome in Botswana to or from a destination outside Botswana shall produce a valid passport.

   (3) A child who is under the age of 16 years and-

 

   (a)   is a citizen of Botswana;

 

   (b)   travels on a domestic flight; and

 

   (c)   does not have a passport,

   shall be identified by a valid birth certificate and shall be accompanied by a biological parent or legal guardian.

   (4) Where the child referred to under subregulation (3) is accompanied by a person other than the biological parent or legal guardian, the person shall produce an authorisation in the form of an affidavit-

 

   (a)   sworn to by the biological parent or legal guardian;

 

   (b)   duly signed by commissioner of oaths;

 

   (c)   containing details of the-

 

      (i)   biological parent or legal guardian,

 

      (ii)   the child concerned, and

 

      (iii)   birth certificate of the child.

   (5) The aircraft operator shall ensure that the-

 

   (a)   details in the identification document of the passenger including name, date of birth and gender correspond to the details on the boarding pass; and

 

   (b)   person checking in baggage is the person who is to be a passenger on the flight and has been issued or is to be issued with a boarding pass.

   (6) Any person whose identification cannot be verified in accordance with this regulation shall not be allowed to board the aircraft, without recourse to the aircraft operator concerned or the aerodrome operator.

 

B. False statements relating to baggage

 

15.   Baggage, cargo or stores

   (1) A person shall not make a statement which he or she knows to be false in a material particular, or recklessly make a statement which is false in material particular in answer to a question which-

 

   (a)   relates to any baggage, cargo or stores, whether belonging to him or her or to another, that is or are intended for carriage by an aircraft registered or operating in Botswana; and

 

   (b)   is put to him or her for purposes to which the Act applies-

 

      (i)   by any of the persons referred to in subregulation (3),

 

      (ii)   by any employee or agent of such a person in his or her capacity as employee or agent, or

 

      (iii)   by a police or security officer, aviation security officer or an authorised person.

   (2) Any person who contravenes subregulation (1) commits an offence and is liable to a fine not exceeding P1 000 000, or to imprisonment for a term not exceeding two years, or to both.

   (3) The persons referred to in subregulation (1) (b) (i) are any-

 

   (a)   aerodrome operator in Botswana;

 

   (b)   aircraft operator of one or more aircraft registered or operating in Botswana;

 

   (c)   person who-

 

      (i)   is permitted to have access to a restricted area for the purposes of the activities of a business carried on by him or her, and

 

      (ii)   has control in that restricted area, over the baggage, cargo or stores to which the question relates; and

 

   (d)   cargo agent.

   (4) For purposes of this regulation-

   "cargo" includes mail; and

   "stores" means any goods intended for sale or use on an aircraft, including spare parts and other articles of equipment, whether or not for immediate fitting.

 

16.   Weapons, etc.,

   (1) A person shall not, while at an aerodrome or on board an aircraft, make a statement which he or she knows to be false in a material particular or recklessly make a statement which is false in material particular, to the effect that he or she, or another person on board an aircraft are carrying a weapon, an explosive substance, an incendiary device or other dangerous item that could be used to jeopardise the security of an aerodrome or aircraft or that such an item is contained in goods or other things in their possession or control or in a vehicle under their care or control or that they have tendered or are tendering for screening or transportation.

   (2) Any person who contravenes this regulation commits an offence and is liable to a fine not exceeding P1 000 000, or to imprisonment for a term not exceeding two years, or to both.

 

17.   Power to destroy baggage

   (1) Where a police or security officer has reasonable cause to suspect that an item of baggage or any other object may constitute a security risk, whether because it is unidentified, unattended or for any other reason that the police or security officer thinks, he or she may subject the baggage to security controls, including further investigation and evaluation.

   (2) The police or security officer may after subjecting baggage to further investigations and evaluation in accordance with subregulation (1), and with the approval of the aerodrome operator, destroy such baggage.

 

C. Catering stores and suppliesfor air transportation

 

18.   Acceptance of catering supplies and stores

   (1) An aircraft operator shall accept catering stores and supplies for transport on an aircraft only from an appointed catering operator.

   (2) An aircraft operator shall, before accepting catering supplies and stores for transport on an aircraft, ensure-

 

   (a)   that the catering supplies and stores have been subjected to screening;

 

   (b)   the safeguarding of the catering supplies and stores against unlawful interference until the catering supplies and stores have been placed in the aircraft;

 

   (c)   that the shipments of catering supplies and stores are recorded; and

 

   (d)   that whenever the catering supplies and stores are received, those catering supplies and stores are delivered by an authorised employee of the catering operator.

   (3) An aircraft operator shall not accept any catering supplies and stores for transport by aircraft unless the documentation for those catering supplies and stores is examined for inconsistencies and is accompanied by a valid catering operator security declaration in Form AVSEC 6 set out in the Schedule.

   (4) An aircraft operator shall make available to the Authority, a report of any incident where a catering or equivalent document did not provide an accurate record of catering supplies and stores being offered for air transport.

   (5) An aircraft operator shall preserve, for not less than a year, a record of acceptance checklists and inspections carried out under these Regulations.

   (6) An aircraft operator who contravenes this regulation commits an offence and is liable to a fine not exceeding P1 000 000, or to imprisonment for a term not exceeding two years, or to both.

 

D. Sale, carriage and transportation of weapons, explosive substances and incendiary devices

 

19.   Sale of weapons, etc,.

   (1) A person shall not sell or offer for sale in a restricted area, a weapon, an explosive substance or an incendiary device.

   (2) Any person who contravenes this regulation commits an offence and is liable to a fine not exceeding P2 500 000, or to imprisonment for a term not exceeding five years, or to both.

 

20.   Prohibition of carriage of weapons by persons

   (1) Subject to regulations 24 (1), 26 (1), 28 (2) and 29, a person shall not while on an aerodrome, carry, transport or have access to a weapon.

   (2) Subject to regulations 26 (2) and 28 (1), a person shall not carry or have access to a weapon on board an aircraft.

   (3) Any person who contravenes this regulation commits an offence and is liable to a fine not exceeding P2 500 000, or to imprisonment for a term not exceeding five years, or to both.

 

21.   Prohibition of carriage of weapons by air carrier

   (1) Subject to regulations 26 (2) and 28 (1), an air carrier shall not allow a person who is on board an aircraft to have access to a weapon.

   (2) Any person who contravenes this regulation commits an offence and is liable to a fine not exceeding P2 500 000, or to imprisonment for a term not exceeding five years, or to both.

 

22.   Prohibition of carriage of loaded firearms by persons

   (1) Subject to regulations 30 (1) and 30 (2), a person shall not carry, transport or have access to an explosive substance or incendiary device at an aerodrome.

   (2) A person shall not transport or tender for transportation by the air carrier, goods that contain a loaded firearm.

   (3) Subject to regulation 30 (3), a person shall not transport or tender for transportation by the air carrier, goods that contain an explosive substance, other than ammunition, or an incendiary device.

   (4) A person other than an air carrier shall not carry or have access to an explosive substance or incendiary device on board an aircraft.

   (5) Any person who contravenes this regulation commits an offence and is liable to a fine not exceeding P2 500 000, or to imprisonment for a term not exceeding five years, or to both.

 

23.   Prohibition of carriage of loaded firearms by air carrier

   (1) An air carrier shall not knowingly allow a person to transport goods that contain a loaded firearm.

   (2) Subject to regulation 30 (3), an air carrier shall not knowingly allow a person to transport goods that contain an explosive substance, other than ammunition or an incendiary device.

   (3) An air carrier shall not allow a person who is on board an aircraft to carry or have access to an explosive substance or an incendiary device.

   (4) Any person who contravenes this regulation commits an offence and is liable to a fine not exceeding P2 500 000, or to imprisonment for a term not exceeding five years, or to both.

 

24.   Carriage of unloaded firearm

   (1) A person may carry or have access to an unloaded firearm at an aerodrome for the purpose of transporting it by air as checked baggage or accepted cargo.

   (2) A person may tender to an air carrier for subsequent acceptance and transportation, baggage or cargo that contains an unloaded firearm if the person declares to the air carrier that the firearm is unloaded.

   (3) An air carrier may allow a person who has complied with subregulation (2) to transport checked baggage or accepted cargo that contains an unloaded firearm.

   (4) An air carrier that transports an unloaded firearm that is contained in checked baggage or accepted cargo shall store the firearm in the aircraft so that it is not accessible to any person on board the aircraft other than crew members.

 

25.   Consumption of alcoholic beverages by persons with access to firearm

   (1) A police or security officer referred to in regulation 26 (2) who carries or has access to a firearm on board an aircraft shall not consume any alcoholic beverage.

   (2) An employee referred to in regulation 28 (1) who has access to a firearm on board an aircraft shall not consume any alcoholic beverage.

   (3) An air carrier shall not provide any alcoholic beverage to a person who carries or has access to a firearm on board an aircraft.

   (4) Any person who contravenes this regulation commits an offence and is liable to a fine not exceeding P1 000 000, or to imprisonment for a term not exceeding two years, or to both.

 

26.   Police or security officer on duty

   (1) A police or security officer may carry or have access to a weapon at an aerodrome while in the performance of his or her duties.

   (2) An air carrier may allow a police or security officer to carry or have access to an unloaded firearm on board an aircraft if-

 

   (a)   the police or security officer, while in the performance of his or her duties, requires access to the firearm immediately before, during or immediately after the flight;

 

   (b)   the police or security officer informs the air carrier, at least two hours before the aircraft leaves the aerodrome or in an emergency as soon as possible before the departure of the flight, that a firearm will be on board the aircraft;

 

   (c)   the police or security officer shows a representative of the air carrier identification and authorisation documents issued by the organisation employing the police or security officer;

 

   (d)   the identification document of the police or security officer consists of their full facial picture and signature and the signature of the authorised representative of the organisation;

 

   (e)   the police or security officer completes the form used by the air carrier to authorise the carriage of firearms on board an aircraft; and

 

   (f)   the air carrier verifies the identification and authorisation documents referred to in paragraph (c) before the police or security officer-

 

      (i)   enters a restricted area from which the police or security officer may board the aircraft, or

 

      (ii)   boards the aircraft, if the aerodrome does not have a restricted area from which the police or security officer may board the aircraft.

 

27.   Duty to inform other parties

   (1) If a police or security officer needs to carry or have access to a firearm on board an aircraft, the air carrier shall, before departure inform-

 

   (a)   the pilot-in-command of the aircraft by showing him or her documents referred to in regulation 26 (2) (c); and

 

   (b)   subject to subregulation (3), the screening authority, the crew members assigned to the flight or the aircraft or any other police or security officer on board the aircraft.

   (2) The screening authority shall inform all the security officers that a police or security officer referred to in subregulation (1) is carrying or will have access to a firearm on board the aircraft.

   (3) If a police or security officer who is carrying or has access to a firearm on board an aircraft is engaged in an undercover operation and requests that the air carrier not reveal the police or security officer's presence to any person other than the pilot-in-command, the air carrier shall not reveal the presence of the police or security officer.

 

28.   Access to unloaded firearm by pilot-in-command and employee engaged in wildlife control

   (1) An air carrier may allow the pilot-in-command or an employee of a Government department or agency that is engaged in wildlife control to have access to an unloaded firearm on board an aircraft if the firearm is necessary for survival purposes.

   (2) A pilot-in-command or an employee of a Government department or agency that is engaged in wildlife control may carry or have access to an unloaded firearm at an aerodrome if the firearm will be transported in accordance with subregulation (1).

 

29.   Carriage of firearm by licensed persons

   A person, other than a police or security officer who holds a licence to carry a firearm that is issued under the Arms and Ammunition Act, may carry or have access to a firearm at an aerodrome if that person is engaged-

 

   (a)   in the protection of persons or property at the aerodrome; or

 

   (b)   by the aerodrome operator for the control of animals at the aerodrome.

 

30.   Carriage of explosives at aerodrome

   An aerodrome operator may allow a person to carry or have access to explosive substances or incendiary devices at an aerodrome if-

 

   (a)   the explosive substance or incendiary is to be used at the aerodrome-

 

      (i)   for excavation, demolition or construction,

 

      (ii)   in a fireworks display,

 

      (iii)   by persons operating explosives detection equipment or handling explosive detection dogs,

 

      (iv)   by police or security officer, or

 

      (v)   by defence personnel; and

 

   (b)   the aerodrome operator has reasonable grounds to believe that the safety of the aerodrome and persons and aircraft at the aerodrome will not be jeopardised by the presence of the explosive substances or incendiary devices at the aerodrome.

 

E. Escort of persons in custody

 

31.   Conditions for transportation of persons in custody

   (1) In this regulation, "organisation responsible for the person in custody" does not include a person or an organisation that provides escort officer services under a contract for remuneration.

   (2) An air carrier shall not transport a person in the custody of an escort officer on board an aircraft unless-

 

   (a)   the organisation responsible for the person in custody has provided to the air carrier, a written confirmation that the organisation has assessed the pertinent facts and determined whether the person in custody is a maximum, medium or minimum risk to the safety of the air carrier, aerodrome operations and the travelling passengers;

 

   (b)   the air carrier and the organisation responsible for escorting the person in custody have agreed on the number of escort officers necessary to escort that person, which number shall at least be or comprise of-

 

      (i)   two escort officers to escort each person who is a maximum risk,

 

      (ii)   one escort officer to escort each person who is a medium risk, and

 

      (iii)   one escort officer to escort not more than two persons who are a minimum risk;

 

   (c)   the person in custody is escorted by the agreed number of escort officers;

 

   (d)the organisation responsible for the person in custody has given a written notice to the air carrier at least two hours, or in an emergency as soon as possible before the departure of the flight, stating-

 

      (i)   the identity of the escort officer and the person in custody and the reasons why the person requires an escort,

 

      (ii)   the level of risk that the person in custody represents to the safety of the passengers, and

 

      (iii)   the flight on which the person in custody will be transported;

 

   (e)   the escort officer shows a representative of the air carrier identification issued by the organisation responsible for the person in custody or the organisation employing the escort officer that consists of-

 

      (i)   the escort officer's full facial picture and signature,

 

      (ii)   the signature of the authorised representative of the organisation, and

 

      (iii)   an authorisation from the air carrier to transport the person in custody;

 

   (f)   the air carrier verifies the identification required under paragraph (e) before the escort officer-

 

      (i)   enters a restricted area from which the escort officer may board the aircraft, or

 

      (ii)   boards the aircraft, if the aerodrome does not have a restricted area from which the escort officer may board the aircraft;

 

   (g)   concurrence has been obtained in advance from the other States and other operators that may be involved en-route and at the intended final destination;

 

   (h)   the escort officers are apprised of the potential danger to the safe operation of the aircraft should they take any action without direction from the pilot-in-command during an act of unlawful interference;

 

   (i)   the air carrier informed any other security personnel or passengers authorised to carry firearms on board the aircraft of the transportation of the person in custody and escort officer and their locations; and

 

   (j)   the person in custody and the escort officer are boarded before all the passengers and disembarked after all the passengers have left the aircraft.

   (3) An air carrier or a pilot-in-command shall not accept a person in custody if in his or her judgment such acceptance may unduly jeopardise the safety of other passengers.

   (4) An escort officer shall not escort a person in custody on board an aircraft unless the escort officer-

 

   (a)   provides the aerodrome operator with a copy of the written notice referred to in subregulation (2) (d) at least two hours, or in an emergency as soon as possible before the departure of the flight; and

 

   (b)   shows a representative of the air carrier the identification referred to in subregulation (2) (e).

   (5) An air carrier that transports a person in custody who is a maximum risk to the public shall not transport any other person in custody on board the aircraft.

   (6) An air carrier shall on an aircraft-

 

   (a)   assign, as far as possible, an escort officer and a person in custody the rearmost seats in the cabin with the person in custody seated at the window seat; and

 

   (b)   not allow a person in custody to be seated adjacent to an exit.

   (7) Any person who contravenes this regulation commits an offence and is liable to a fine not exceeding P1 000 000, or to imprisonment for a term not exceeding two years, or to both.

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