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Memorandum of Understanding on co-operation between the International Criminal Police Organization Interpol and the International Civil Aviation Organisation [2000] PITSE 14 (16 May 2000)

MEMORANDUM OF UNDERSTANDING ON CO-OPERATION BETWEEN THE INTERNATIONAL CRIMINAL POLICE ORGANIZATION-INTERPOL AND THE INTERNATIONAL CIVIL AVIATION ORGANIZATION

(Interpol, ICAO, 16 - 22 May 2000)

ENTRY INTO FORCE : SEE ARTICLE 6

THE INTERNATIONAL CRIMINAL POLICE ORGANIZATION-INTERPOL (HEREINAFTER REFERRED TO AS INTERPOL) AND THE INTERNATIONAL CIVIL AVIATION ORGANIZATION (HEREINAFTER REFERRED TO AS ICAO),

WISHING to co-ordinate their efforts within the framework of the missions assigned to them,

RECOGNIZING that Interpol is responsible for ensuring and promoting the widest possible mutual assistance between all the criminal police authorities within the limits of the laws existing in the different countries and in the spirit of the Universal Declaration of Human Rights,

CONSIDERING that one of ICAO's aims is to promote security of civil aviation throughout the world,

DESIRING to co-operate in combating acts of unlawful interference against civil aviation, including seizure of aircraft, sabotage and other offences on board aircraft,

HAVE AGREED ON THE FOLLOWING:

Article 1

Mutual Consultation

Interpol and ICAO shall consult regularly on policy issues and matters of common interest for the purpose of realizing their objectives and co-ordinating their respective activities.

Interpol and ICAO shall exchange information on developments in any of their fields and projects that are of mutual interest and shall reciprocally take observations concerning such activities into consideration with a view to promoting effective co-operation.

When appropriate, consultation shall be arranged at the required level between representatives of ICAO and Interpol to agree upon the most effective way in which to organize particular activities and to optimize the use of their resources in compliance with their respective mandates.

Article 2

Exchange of Information

Interpol and ICAO shall combine their efforts to achieve the best use of all available information relevant to civil aviation security, and the prevention and suppression of unlawful acts against civil aviation.

Subject to such arrangements as may be necessary for the safeguarding of confidential information, Interpol and ICAO shall ensure full and prompt exchange of information and documents concerning matters of common interest.

Communication of police information by Interpol to ICAO shall be subject to Interpol's internal regulations. If an item of information communicated by Interpol to ICAO is modified or deleted, Interpol shall inform ICAO so that the latter may keep its own archives up-to-date. Interpol shall not be liable in the event that the use by ICAO of an item of information is prejudicial to an individual's or entity's interests, if Interpol has informed ICAO that that item of information has been modified or deleted. Police information communicated by Interpol to ICAO shall be used by ICAO exclusively for the purposes of prevention or suppression of trans-national ordinary law crime, with due respect for national laws and international treaties.

Communication of information by ICAO to Interpol shall be subject to the provisions of ICAO's internal regulations.

Article 3

Reciprocal Representation

The Parties agree to notify and invite each other to attend as observers, in accordance with their respective rules of procedure, suitable meetings convened under their respective auspices to consider matters in which the other Party has an interest or is technically competent.

The Secretary General of ICAO and the Secretary General of Interpol shall each designate a person to act as a focal point with a view to ensuring the implementation of the provisions of the present Memorandum of understanding on Co-operation.

Article 4

Technical Co-operation

Interpol and ICAO shall, in the interest of their respective activities, seek each other's expertise to optimize the effects of such activities.

ICAO shall review, at Interpol's request, projects at national, regional and global levels in order to provide comments and suggestions appropriate to its domain of expertise.

Interpol and ICAO shall co-operate in evaluating programmes, projects and activities as have common interest, subject to mutual agreement on a case-by-case basis.

By mutual agreement, ICAO shall participate in the development and execution of programmes, projects and activities relating particularly to crimes and offences committed against civil aviation. Joint activities to be conducted under the present Memorandum of understanding on Cooperation shall be subject to the approval of individual project documents by both parties and shall be monitored under an agreed mechanism.

Article 5

Personnel Arrangements

Subject to their relevant internal regulations, ICAO and Interpol shall study the merits of organizing the exchange of personnel on a temporary basis. The terms and conditions of the exchange of personnel shall be defined in an exchange of letters between the parties.

Article 6

Entry into Force, Modification and Duration

The present Memorandum of understanding on Co-operation shall enter into force on the date on which it is signed by both parties.

The present Memorandum of understanding on Co-operation may be modified by mutual consent expressed in writing. It may also be revoked by either party by giving six months' notice to the other party.

IN WITNESS WHEREOF, the Secretary General of the International Criminal Police Organization- Interpol and the President of the Council of the International Civil Aviation Organization, duly authorized, have signed the present Memorandum of understanding on Co-operation in duplicate, in English and French, both texts being equally authentic, on the dates appearing under their respective signatures.