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Based on the above, the TAG-MRTD recommended to the Air Transport Committee that ICAO be the designated Organization to oversee the PKD. This recommendation was based on an interpretation provided to the Council, by the TAG/MRTD, that ICAO had a clear mandate under the Chicago Convention293 to adopt standards dealing with customs and immigration procedures and to provide for compliance with, inter alia, passport laws and regulations, taking into consider-ation the Organization’s sustained and long track record as the developer of MRTD standards, and its international stature as a UN agency. Furthermore, it was claimed that an oversight role in the PKD is deemed particularly appropriate for ICAO due
291See Establishment ofA Public Key Directory (PKD), C-WP/12384, 19/11/04 Revised, 2/2/05,
presented to the Council by the Secretary General. 292Article 54(d) of the Chicago Convention provides that it shall be a mandatory function of the ICAO Council to appoint and de.ne the duties of an Air Transport Committee, which shall be chosen from among the representatives of the members of the Council and which shall be responsible to it. The Committee is therefore a subordinate body of the Council which largely considers work conducted by the Secretariat in the .eld of air transport prior to forwarding such work to the Council for .nal consideration.
293Convention on International Civil Aviation (Chicago Convention), signed at Chicago on 7 December 1944 (ICAO Doc 7300/9, Ninth Edition, 2006), Articles 13, 23 and 37(j). Although Article 37(j) is directly in point, it is somewhat questionable as to whether Articles 13 and 33 bestow upon ICAO any special mandate to address the need to develop machine readable travel documents and technology related thereto. Article 13 merely states that the laws of States with regard to various aspects of entry and departure should be complied with. Article 23 provides that each Contracting State undertakes, inter alia, to establish customs and immigration procedures.
to its substantial interest in document security as an essential component of the aviation security and facilitation programmes elaborated in Annexes 9 and 17. It was the view of the TAG/MRTD that a politically neutral site overseen by ICAO and funded by the e-passport issuing States would provide a trusted resource from which government inspection agencies, airlines, and other entities in all member States might download all public keys in circulation for the purpose of verifying the authenticity of passports as documents of identity, with full con.dence that the keys were genuine. It was further contended that, in this regard, an important function of ICAO would be to receive the public keys sent in by issuing States by diplomatic means and perform a technical “due diligence” procedure to verify their authenticity before uploading them to the data base.
The Council was also advised that, in playing an oversight role, ICAO would not be authenticating individual passports or their content. Authentication of a passport remains the function and responsibility of the government agency or aircraft operator examining it.
The envisioned scheme involved the oversight of a central public key directory by ICAO, which was deemed essential for a cooperative, interoperable regime for passport security that will be accessible by all member States. Furthermore, it was contended that a central PKD would be accessible by aircraft operators, who are on the “front lines” as the .rst to examine the passports of travellers. As a deterrent to the fraudulent alteration or counterfeiting of passports, or the use of stolen passports by imposters to gain access to aircraft, PKI is potentially a most effective anti-terrorism and aviation security measure.
In terms of organizational matters, the proposal for ICAO’s oversight role involves two components, i.e., maintaining and administering the PKD, both of which would be funded by the fees collected from States issuing e-passports and uploading their public keys. As the supervisory authority, ICAO would act on behalf of e-passport issuing States; be responsible for establishment of the PKD system, appointment of the PKD operator; and providing oversight of the system operation, .nancial matters and policies as decided or approved by the Council. In this regard ICAO’s functions would include: receipt of new key certi.cates from e-passport issuing States, veri.cation of their authenticity, and formal acceptance and uploading to the PKD; liaison with all country contributors and users, and with contractor operational staff, in administrative and operational matters such as new country sign-up and collection of fees; calculation of proposed fee schedules; distribution of revenue to the PKD operator and relevant ICAO units, and develop-ment of the regulations and procedures manuals; and periodic reporting to the Council on all of the above matters.
　
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