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CHAPTER 5. INADMISSIBLE PERSONS AND DEPORTEES
A. General
5.1 In order to minimize disruptions to the orderly operations
of intemational civil aviation, Contracting States shall
cooperate with one another to promptly resolve any differences
arising in the course of implementing the provisions of
this Chapter.
5.2 Contracting States shall facilitate the transit of persons
being removed from another State pursuant to the provisions of
this Chapter, and extend necessary cooperation to the aircraft
operator(s) and escort(s) carrying out such removal.
5.2.1 During the period when an inadmissible passenger
or a person to be deported is under their custody, the state
Officers concerned shall preserve the dignity of such persons
and take no action likely to infringe such dignity.
Note.- These persons should be treated in accordance with
the relevant intemational provisions, including the UN
International Covenant on Civil and Political Rights.
B. Inadmissible persons
5.3 Contracting States shall without delay notify the
aircraft operator, confirming this as soon as possible in
writing, when a person is found inadmissible, pursuant to 3.44.
Note.- Written notzjication can be either in paper form or
in electronic form, such as e-mail.
5.4 Recommended Practice.- Contracting States,
through their public authorities should consult the aircraji operator
on the time-pame for removal of the person found inadmissible,
in order to allow the aircraji operator a reasonable
amount of time during which to egect the person b removal via
its own services or to make alternative removal arrangements.
Note.- Nothing in this provision is to be construed so as
to allow the return of a person seeking asylum in the territory
of a Contracting State, to a country where his life orfieedom
would be threatened on account of his race, religion, nationality,
membership in a particular social group or political
opinion.
5.5 Contracting States shall ensure that a removal order is
issued to the aircraft operator in respect of a person found
inadmissible. The removal order shall include, if known, the
name, age, gender and citizenship of the person in question.
5.6 Contracting States ordering the removal of an inadmissible
person who has lost or destroyed his travel documents
shall deliver a covering letter in the format set forth in
Appendix 9 (1) in order to give information to the authorities
of the State(s) of transit and/or the commencement of journey.
The covering letter, the removal order and any relevant
information shall be handed over to the aircraft operator or, in
the case of escorted persons, the escort, who shall be responsible
for delivering them to the public authorities at the State
of destination.
5.7 Contracting States ordering the removal of an inadmissible
person whose travel documents have been seized
pursuant to 3.46 shall deliver a covering letter in the format set
forth in Appendix 9 (2) in order to give information to the
authorities of the State(s) of transit and/or the commencement
of journey. The covering letter together with a photocopy of
the seized travel documents and the removal order shall be
handed over to the aircraft operator or, in the case of escorted
persons, the escort, who shall be responsible for delivering
them to the public authorities at the State of destination.
5.8 Contracting States that have reason to believe that an
inadmissible person might offer resistance to his removal shall
inform the aircraft operator concerned as far in advance as
possible of scheduled departure so that the aircraft operator
can take precautions to ensure the security of the flight.
5.9 The aircraft operator shall be responsible for the cost
of custody and care of an improperly documented person from
the moment that person is found inadmissible and returned to
the aircraft operator for removal from the State.
5.9.1 The State shall be res~onsible for the cost of
custody and care of all other categories of inadmissible
persons, including persons not admitted due to document
problems beyond the expertise of the aircraft operator or for
reasons other than improper documents, from the moment
these persons are found inadmissible until they are returned to
the aircraft operator for removal from the State.
5.10 When a person is found inadmissible and is returned
to the aircraft operator for transport away from the territory of
the State, the aircraft operator shall not be precluded from
　
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