Convention on International Civil Aviation Message to the Senate Transmitting a Protocol to the Convention.

To the Senate of the United States:

I transmit herewith, for advice and consent of the Senate to ratification, a Protocol relating to an amendment to the Convention on International Civil Aviation, done at Montreal on October 6, 1980. The amendment permits a State in which an aircraft is registered to transfer its functions and duties under Articles 12, 30, 31 and 32(a) of the Convention on International Civil Aviation ("Convention") to the State of the operator leasing, chartering or interchanging that aircraft, subject to the latter State's agreement.

The Convention establishes the International Civil Aviation Organization ("ICAO") and general rules for the safe and reasonable conduct of international civil aviation. The problems which arise today from the leasing of aircraft in international operations were not envisaged in 1944 at the time the Convention was drafted. These problems involve difficulties by the States of registry in discharging their responsibilities under Articles 12 (Rules of the Air), 30 (Aircraft Radio Equipment), 31 (Certificates of Airworthiness), and 32(a) (Licenses of Personnel). Ineffective discharge of these responsibilities by States of registry tends to decrease the level of safety in flight operations. The amendment would resolve these difficulties and facilitate greater safety by allowing a State of registry and a State of the operator to agree to transfer these responsibilities to the State of the operator.

The United States expects to benefit directly from this amendment. United States nationals and companies lease by far the greatest number of civil aircraft to operators of other States. In addition, under regulations of the Department of Transportation, United States air carriers may operate and carry local traffic within the United States on aircraft registered in other States. The role of the United States as the State of the operator of leased aircraft is therefore likely to expand.

This is the first substantive amendment of the 'Convention. It consummates years of United States effort and furthers United States objectives to facilitate safety in international flight operations. The ICAO Assembly urged all Contracting States to ratify the amendment as soon as possible and to make any appropriate changes in their national laws. In accordance with Article 94 of the Convention, ratification by 98 Contracting States is required to bring this amendment into force. It would be desirable if the United States, originator of the amendment, were the first State to ratify it. I therefore recommend that the Senate give early and favorable consideration to the Protocol of Amendment, and advice and consent to its ratification.

JIMMY CARTER

The White House,

January 19, 1981.