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recovering from such person any transportation costs involved
in his removal.
ANNEX 9 5-1
Annex 9 - Facilitation Chapter 5
5.1 1 The aircraft operator shall remove the inadmissible
person to:
a) the point where he commenced his journey; or
b) to any place where he is admissible
5.12 A Contracting State shall accept for examination a
person removed from a State where he was found inadmissible,
if this person commenced his journey from its territory. A
Contracting State shall not return such a person to the country
where he was earlier found inadmissible.
5.13 Contracting States shall accept the covering letter
and other papers delivered pursuant to 5.6 or 5.7 as sufficient
documentation to carry out the examination of the person
referred to in the letter.
5.14 Contracting States shall not fine aircraft operators in
the event that arriving and in-transit persons are found to be
improperly documented where aircraft operators can demonstrate
that they have taken adequate precautions to ensure that
these persons had complied with the documentary requirements
for entry into the receiving State.
5.1 5 Recommended Practice.- When aircraft operators
have cooperated with the public authorities to the satisfaction
of those authorities, for example pursuant to memoranda of
understanding reached between the parties concerned, in
measures designed to prevent the transportation of inadmissible
persons, Contracting States should mitigate the fines and
penalties that might otherwise be applicable should such
persons be carried to their territory.
5.16 Contracting States shall not prevent the departure of
an operator's aircraft pending a determination of admissibility
of any of its arriving passengers.
Note.- An exception to this provision could be made in the
case ofintequentflights or $the Contracting State had reason
to believe that there might be an irregularly high number of
inadmissible persons on a specific flight.
C. Deportees
5.17 A Contracting State deporting a person from its
territory shall serve him a deportation order. Contracting States
shall indicate to the deportee the name of the destination State.
5.1 8 Contracting States removing deportees from their
territories shall assume all obligations, responsibilities and
costs associated with the removal.
5.19 Contracting States, when making arrangements with
an aircraft operator for the removal of a deportee, shall make
available the following information as soon as possible, but in
any case not later than 24 hours before the scheduled time of
departure of the flight:
a) a copy of the deportation order, if legislation of the Contracting
State allows for it;
b) a risk assessment by the State and/or any other pertinent
information that would help the aircraft operator assess
the risk to the security of the flight; and
c) the names and nationalities of any escorts.
Note.- In order to ensure coordination oflacilitation and
security standards, attention is drawn to the applicable provisions
of Annex 17, Chapter 4.
5.20 Contracting States, in making arrangements for the
removal of a deportee to a destination State, shall use direct
non-stop flights whenever practicable.
5.21 A Contracting State, when presenting a deportee for
removal, shall ensure that all official travel documentation
required by any transit and/or destination State is provided to
the aircraft operator.
5.22 A Contracting State shall admit into its territory its
nationals who have been deported from another State.
5.23 A Contracting State shall give special consideration
to the admission of a person, deported from another State, who
holds evidence of valid and authorized residence within its
territory.
5.24 Contracting States, when determining that a deportee
must be escorted and the itinerary involves a transit stop in an
intermediate State, shall ensure that the escort(s) remain(s)
with the deportee to his final destination, unless suitable
alternative arrangements are agreed, in advance of arrival, by
the authorities and the aircraft operator involved at the transit
location.
D. Procurement of a replacement
travel document
5.25 When a replacement travel document must be
obtained in order to facilitate removal and acceptance of an
inadmissible person at his destination, the State ordering the
removal shall provide as much assistance as practicable in
obtaining that document.
Note.- In order to clariJL application of this Standard,
attention is drawn to Standard 5.13.
5.26 A Contracting State shall, when requested to provide
　
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