D.
The Passenger Name Record 137
introduced during the 11th Session following a conference in Djerba in 1997, which gave background information on API and comments from Member States. The recommendation on the format of API was implemented within the 10th edition of Annex 9.358
In its report, it was stated that the Members of ICAO were concerned about privacy issues that could arise from the usage of electronic information provided by the API system.359 It is also noted in this report that any electronic messaging should be processed under the Electronic Data Interchange [E.D.I.] format, and become international practice, therefore being common between Contracting States.
One of the WCO mission, through the Permanent Technical Committee was to develop a convention in order to adapt the changing structure of internationaltrade and the evolution of Customs techniques and therefore facilitate States adopting national legislation. In 1973, the Council of the WCO adopted in Tokyo the Convention on the Simpli.cation and Harmonization of Customs Procedures.360
appropriate international bodies to ensure proper co-ordination in this area, and to safeguard the interests of immigration authorities;
(d)
ICAO would keep Contracting States fully informed of developments; and
(e)
ICAO would, no later than 1992, report on the study to the Council, which would decide whether the .ndings and recommendations should be recommended to Contracting States.”
358ICAO Secretariat, “Informal Facilitation Area Meeting in Consultation with ACI on Advance Passenger Information” ICAO Doc INF/FAL/DJE WP/11 (2 July 1997):
2.1 Article 29 of the Chicago Convention requires every aircraft engaged in international navigation to carry certain documents, including, for passengers, “a list of their names and places of embarkation and destination.” Annex9speci.es, in Standard 2.7, the presentation of a passenger manifest document shall not normally be required, and notes that if the information is required it should be limited to the data elements included in the prescribed format, i.e., names, places of embarkation and destination, and .ight details.
2.2 It should be noted that the opinion of this Standard contemplated the passenger manifest as a paper document which would have to be typed or written and delivered by hand.[...]It is widely recognized that in any system involving the exchange of information (automated or not), it is the collection of data which is the major expense. Increases in data collection requirements should result in bene.ts which exceed the additional costs. This principle was a central issue during the debate over API in the Tenth Session of the Facilitation Division (FAL/10) and the eventual adoption by FAL/11 of API systems as a Recommended Practice.
(Refer to Article 3.14.2 of the 10th Edition of Annex 9.)
359“There was, however, considerable support for both B-type Recommendations although several delegates pointed out that there would be a need for the programmes concerned to take into account the importance of the privacy of the individuals re.ected in the data protection laws already adopted in many States”. ICAO Secretariat, “Informal Facilitation Area Meeting in Consultation with ACI on Advance Passenger Information” ICAO Doc INF/FAL/DJE WP/11 (2 July 1997) at 53.
360Convention On the Simpli.cation And Harmonization Of Customs Procedures (herein after referred to as Kyoto Convention), online: http://www.unece.org/trade/kyoto/ky-01-e1. htm#Historica (date accessed:3January 2003).
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