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the State(s) concerned are so informed.
Non-disclosure of records
5.12 The State conducting the investigation of an accident
or incident shall not make the following records available for
purposes other than accident or incident investigation, unless
the appropriate authority for the administration of justice in
that State determines that their disclosure outweighs the
adverse domestic and international impact such action may
have on that or any future investigations:
a) all statements taken from persons by the investigation
authorities in the course of their investigation;
b) all communications between persons having been
involved in the operation of the aircraft;
c) medical or private information regarding persons
involved in the accident or incident;
d) cockpit voice recordings and transcripts from such
recordings; and
e) recordings and transcriptions of recordings from air
traffic control units; and
f) opinions expressed in the analysis of information,
including flight recorder information.
5.12.1 These records shall be included in the final report
or its appendices only when pertinent to the analysis of the
accident or incident. Parts of the records not relevant to the
analysis shall not be disclosed.
Note 1.— Information contained in the records listed above,
which includes information given voluntarily by persons
interviewed during the investigation of an accident or incident,
could be utilized inappropriately for subsequent disciplinary,
civil, administrative and criminal proceedings. If such information
is distributed, it may, in the future, no longer be openly
disclosed to investigators. Lack of access to such information
would impede the investigation process and seriously affect
flight safety.
Note 2.— Attachment E contains legal guidance for the
protection of information from safety data collection and
processing systems.
Re-opening of investigation
5.13 If, after the investigation has been closed, new and
significant evidence becomes available, the State which conducted
the investigation shall re-open it. However, when the
State which conducted the investigation did not institute it, that
State shall first obtain the consent of the State which instituted
the investigation.
RESPONSIBILITY OF ANY OTHER STATE
Information — Accidents and incidents
5.14 Any State shall, on request from the State conducting
the investigation of an accident or an incident, provide
that State with all the relevant information available to it.
Note.— See also 5.16.
5.15 Any State, the facilities or services of which have
been, or would normally have been, used by an aircraft prior
to an accident or an incident, and which has information
pertinent to the investigation, shall provide such information to
the State conducting the investigation.
RESPONSIBILITY OF THE STATE
OF REGISTRY AND
THE STATE OF THE OPERATOR
Flight recorders — Accidents and serious incidents
5.16 When an aircraft involved in an accident or a serious
incident lands in a State other than the State of Occurrence, the
State of Registry or the State of the Operator shall, on request
from the State conducting the investigation, furnish the latter
State with the flight recorder records and, if necessary, the
associated flight recorders.
Note.— In implementing 5.16, the State of Registry or the
State of the Operator may request the cooperation of any other
State in the retrieval of the flight recorder records.
Organizational information
5.17 The State of Registry and the State of the Operator,
on request from the State conducting the investigation, shall
provide pertinent information on any organization whose
activities may have directly or indirectly influenced the
operation of the aircraft.
PARTICIPATION IN THE INVESTIGATION
Note.— Nothing in this Annex is intended to imply that the
accredited representative and advisers of a State have to be
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Annex 13 — Aircraft Accident and Incident Investigation Chapter 5
1/11/01 5-4
always present in the State in which the investigation is
conducted.
PARTICIPATION OF THE STATE OF REGISTRY,
THE STATE OF THE OPERATOR,
THE STATE OF DESIGN AND
THE STATE OF MANUFACTURE
Rights
5.18 The State of Registry, the State of the Operator, the
State of Design and the State of Manufacture shall each be
entitled to appoint an accredited representative to participate in
the investigation.
Note.— Nothing in this Standard is intended to preclude the
State that designed or manufactured the powerplant or major
　
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