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1. Citation and commencement

These Regulations may be cited as the Civil Aviation (Security) Regulations.

2. Interpretation

In these Regulations —

“Act” means the Civil Aviation Act;

“act of unlawful interference” means any measure taken by a person which seeks to or jeopardizes the safety of civil aviation and air transport, including —

(a) unlawful seizure of an aircraft in flight or on the ground;

(b) taking hostages on board an aircraft or at an aerodrome;

(d) introducing a weapon or a hazardous device or material intended for criminal purposes on board an aircraft or at an aerodrome; or

(e) communicating false information so as to jeopardize the safety of an aircraft in flight or on the ground, a passenger, a crew member, ground personnel or the general public at an aerodrome or on the premises of a civil aviation facility;

“aerial work” means the use of an aircraft for any purpose other than commercial air transport, for which an aircraft is flown for hire or reward in respect of the business or purpose of the flight;

“aerodrome” means an area of land, water or other supporting surface used, designed, prepared, equipped or set apart for use or designated in whole or in part for the arrival, departure and surface movement of an aircraft and includes a building, installation and equipment situated on the area or associated with the area;

“aerodrome operator” means a person who operates an aerodrome in Saint Lucia, holds a valid aerodrome certificate or other authorization issued under the Act and who regularly serves scheduled passenger operations, non-scheduled passenger operations or cargo operations;

“aerodrome tenant” means an enterprise that is resident at an aerodrome;

“aeronautical facility” means any place associated with air navigation;

“Agreement” means the Agreement establishing the Eastern Caribbean Civil Aviation Authority made on the 21^stday of October 2003, the text of which is set out in the Eastern Caribbean Civil Aviation Agreement Act;

“air operations area” means a portion of an aerodrome designed and used for landing, take-off or surface maneuvering of an aircraft;

“aircraft operator” means a person who operates an aircraft for commercial air transport service;

“aircraft operator's stores” means all items, other than catering supplies, associated with an air carrier's passenger in-flight services, including newspapers, magazines, headphones, audio and video tapes, pillows and blankets and amenity kits;

“aircraft security check” means an examination of the interior of an aircraft to which passengers may have access and an inspection of the hold for the purpose of discovering a suspicious object, weapon, explosive or other dangerous device, article or substance;

“aircraft security search” means a thorough examination of the interior and exterior of the aircraft for the purpose of discovering a suspicious object, weapon, explosive or other dangerous device, article or substance;

“approved aerodrome operator security programme” means an aerodrome operator security programme approved under regulation 13;

“approved aircraft operator security programme” means an aircraft operator security programme approved under regulation 14;

“approved catering operator security programme” means a catering operator security programme approved under regulation 16;

“approved regulated agent security programme” means a regulated agent security programme approved under regulation 15;

“apron”, in relation to an aerodrome, means a defined area on an aerodrome, intended to accommodate an aircraft for the purposes of loading or unloading passengers, mail or cargo, fuelling, parking or maintenance;

“Authority” means the Eastern Caribbean Civil Aviation Authority;

“authorized search” means an examination carried out on a person or goods destined to or within a restricted area of an aerodrome or on board an aircraft, by a designated security officer carried out in a manner and under circumstances set out in a law or by Regulations made under the Act;

“background check” means an assessment of the suitability of an individual for unescorted access to a security restricted area and includes an examination of the identity, previous experience and criminal history of a person;

“baggage” means the personal property of a passenger or crew carried on an aircraft with the consent of the aircraft operator;

“cargo” means any property carried on an aircraft other than mail, stores, accompanied or mishandled baggage;

“carry-on baggage” means the luggage and personal belongings that a person has access to while on board an aircraft;

“catering supplies” means food, beverages, other dry stores and associated equipment used on board an aircraft;

“checked baggage” means baggage accepted for transportation by an aircraft operator that a person does not have access to while on board an aircraft;

“civil security screening officer” means a person who by virtue of his or her training has been employed by an aerodrome operator or aircraft operator to carry out aviation security screening duties;

“civil aviation security inspector” means an aviation security personnel who has training and meets the requirements of the National Civil Aviation Security Training Programme as it relates to security;

“civil aviation security officer” means an aviation security personnel who has training and meets the requirements of the National Civil Aviation Security Training Programme as it relates to security officer;

“civil aviation security programme” means —

(a) an aerodrome operator security programme;

(b) an aircraft operator security programme;

(d) a catering operator security programme; and

(e) a regulated agent security programme;

“commercial air transport” means an undertaking whose business includes the carriage by air of passengers or cargo for remuneration, hire or reward that is not considered aerial work;

“Commissioner of Police” means the Commissioner of Police appointed under section 7 of the Police Act;

“Committee” means the National Civil Aviation Security Committee established under regulation 9(1);

“confidential security information” —

(a) means details relating to civil aviation security, the disclosure of which results in an unwarranted invasion of personal privacy, reveals a trade secret, privileged commercial or financial details or is detrimental to the security of civil aviation;

(b) includes —
1. (i) any part or the whole of an aerodrome operator security programme,
1. (ii) an aircraft operator security programme,
1. (iii) a regulated agent security programme,
1. (iv) a catering operator security programme,
1. (v) security directives,
1. (vi) technical standards for security or screening equipment, and
1. (vii) aviation security inspection or audit reports;

“Co-ordinator” means the person designated to be the Co-ordinator for the National Civil Aviation Security Programme under regulation 6(1);

“diplomatic bag” means a properly documented sealed bag, briefcase, envelope or other container used to transmit official correspondence, documents, publications and other articles for official use by a State and its diplomatic missions;

“Director General” means the Director General of Civil Aviation appointed under Article 10 of the Agreement;

“Eastern Caribbean Civil Aviation Authority” means the Eastern Caribbean Civil Aviation Authority (ECCAA) established pursuant to the Agreement;

“escort officer” means an officer trained and authorized to accompany a passenger who is in custody for the sole purpose of ensuring that the passenger reaches the final destination safely;

“firearm” has the meaning assigned under section 2 of the Firearms Act;

“foreign aircraft operator” means a person whose air operator certificate is issued and controlled by a civil aviation authority in a State other than Saint Lucia;

“general aviation” means an aircraft flight operation other than for the purpose of business or commercial air transport or aerial work;

“goods” means personal belongings, baggage, cargo, mail, article, thing or conveyance that may be taken or placed on board an aircraft or taken into a restricted area;

“Implementing Standards” means the guidelines which provide detailed requirements that support the intent of a regulation presented in a Part and, by reference, have the force and effect of the governing Regulations;

“in-flight security officer” —

(a) means a person who is employed and trained by the government of the State of an aircraft operator or by the government of another State to travel on an aircraft with the purpose of protecting that aircraft and its occupants against acts of unlawful interference;

(b) does not include a person employed to provide exclusive personal protection for one or more specific persons travelling on an aircraft, such as a personal bodyguard;

“incendiary device” means an object, other than a match or pocket lighter, that is fabricated with combustible materials and when ignited causes fire damage to property or inflicts burn injury on an individual;

“mail” means dispatches of correspondence and other items tendered by and intended for delivery to postal services in accordance with the rules of the Universal Postal Union;

“mishandled baggage” means baggage involuntarily or inadvertently separated from a passenger or crew member;

“National Civil Aviation Security Programme” means the National Civil Aviation Security Programme established under regulation 10(1);

“National Civil Aviation Security Quality Control Programme” means a written document that establishes the surveillance techniques and activities used to assess a civil aviation security system and, whenever required, to resolve identified deficiencies;

“originating passenger” means a passenger who is not connecting or transferring;

“participating State” means a State which is a party to the Agreement;

“person” includes a corporation, company, association, firm, partnership, society, joint stock company, a trustee, receiver, assignee, a successor or representative;

“Police Force” means the Royal Saint Lucia Police Force established under section 3 of the Police Act;

“police officer” means an officer with responsibility for law enforcement in Saint Lucia employed with the Police Force;

“prohibited item” means a thing declared under the Implementing Standards to be prohibited from carriage on commercial air transport aircraft in —

(a) carry-on baggage;

(b) checked baggage; or

“regulated agent” means a representative, freight forwarder or another person who conducts business with an aircraft operator and provides security controls that are accepted or authorized by the Authority in respect of cargo, courier and express parcels or mail;

“restricted area” means a part of an aerodrome where access is restricted to authorized persons and includes any aircraft or vehicle on that aerodrome;

“scheduled passenger operations” means the provision of a commercial air transport service for passengers from identified air terminals at a set time announced by a timetable or schedule published in a newspaper, magazine or other advertising medium;

“screening” means the application of technical search procedures or other means which are intended to detect a weapon, an explosive or other prohibited item designated as dangerous to aviation security;

“security equipment” means devices of a specialized nature for use, individually or as part of a system, in the prevention or detection of acts of unlawful interference with civil aviation and its facilities;

“security screening checkpoint” means all access points to a restricted area;

“sterile area” means —

(a) a part within a restricted area to which access is controlled by the inspection of persons and property in accordance with Parts I and II of these Regulations;

(b) a facility within a restricted area of an aerodrome that is accessible to screened persons and set apart to facilitate security control of persons embarking and disembarking an aircraft;

“stores” —

(a) means consumable goods supplied to an airline to be used, sold or consumed on board a foreign-going aircraft, as part of the goods needed to operate and maintain the aircraft along with the overall flight experience to its passengers;

(b) includes —
1. (i) souvenirs,
1. (ii) photographic film,
1. (iii) confectionery and tobacco products, and
1. (iv) fuel for operating and lubricants for maintaining an aircraft;

“Technical Instructions” means the International Civil Aviation Organization Instructions for the Transport of Dangerous Goods by Air;

“transfer passenger” means a traveller with a direct connection between two different flights;

“transit passenger” means a passenger using an airport other than an originating passenger to get to the final destination to complete the journey with a flight having the same flight number as the flight on which the passenger has arrived, and using the same aircraft or a substituted aircraft operating a flight where the passenger is not required to check-in;

“unaccompanied baggage” means baggage which is transported as cargo whether or not carried on the same aircraft with the person to whom it belongs;

“Universal Postal Union” means the Specialized Agency of the United Nations, established by the Treaty of Bern of 1874 that coordinates postal policies among member nations, in addition to the worldwide postal system;

“Vienna Convention on Diplomatic Relations” means the United Nations Treaty which established the diplomatic relations between States, done at Vienna on the 18^th day of April, 1961 and entered into force in April 1964;

“weapon” —

(a) means anything designed, used or capable of inflicting bodily harm or cause the death of a person;

(b) includes a firearm.

3. Purpose

The purposes of these Regulations are —

(a) to establish a regulatory framework to safeguard against unlawful interference with civil aviation;

(b) to establish minimum security requirements for civil aviation in Saint Lucia by imposing obligations on a person engaged in civil aviation related activities and certain aviation industry participants to develop and comply with civil aviation security programmes;

4. Application

Except as otherwise provided, these Regulations apply to domestic aerodromes where an aerodrome operator notifies the Co-ordinator in writing at least 90 days before the intended commencement of operations of an aerodrome.

PART I
SECURITY

5. Functions of the Minister

(1) For the purposes of these Regulations, the functions of the Minister includes —
1. (a) ensuring, developing, maintaining and implementing the National Civil Aviation Security Programme;
1. (b) ensuring the defining and allocating tasks and coordinating activities between departments, agencies and other organizations in Saint Lucia, aerodrome and aircraft operators and other entities concerned with or responsible for the implementation of various aspects of the National Civil Aviation Security Programme;
1. (c) ensuring the implementing of the National Civil Aviation Security Programme by the Government agencies and bodies to which a responsibility is assigned under the National Civil Aviation Security Programme;
1. (d) liaising with the National Civil Aviation Security Committee on all matters of civil aviation security and taking adequate measures to respond to different levels of threats;
1. (e) ensuring that aerodromes have the supporting resources and facilities required for each aerodrome serving civil aviation;
1. (f) ensuring the establishment and implementation of procedures to share relevant threat information with other States;
1. (g) ensuring establishment and implementation of procedures to exchange information concerning national civil aviation programmes, training programmes and quality control programmes and other security information with other States to ensure that inappropriate use or disclosure of such information is avoided;
1. (h) establishing, based on the Vienna Convention on Diplomatic Relations and policy direction from the head of the aviation department, a list of persons or categories of persons who are to be exempted from screening.

(2) The Minister, in consultation with the head of the civil aviation department, may direct that persons on the list established under subregulation (1)(h) are screened if he or she determines that there is an increased threat to civil aviation in Saint Lucia.

6. Co-ordinator of national civil aviation security

(1) A public officer who has training or experience in civil aviation security or law enforcement shall be designated by the Ministry responsible for civil aviation, to be the Co-ordinator for national civil aviation security.

(2) A public officer designated as a Co-ordinator under regulation subregulation (1) shall assist the Minister by —
1. (a) advising the Minister and the Committee on matters relating to civil aviation security;
1. (b) developing, maintaining and implementing the National Civil Aviation Security Programme and the National Civil Aviation Security Training Programme;
1. (c) co-ordinating security measures and procedures with appropriate organizations and agencies;
1. (d) notifying the Authority of any breach of these Regulations or non-compliance with an approved civil aviation security programme.

(3) The Co-ordinator shall —
1. (a) give a report of his or her activities to the Minister and the Authority through the Chairperson of the Committee;
1. (b) transmit the list of persons or categories of persons who are exempted from screening under regulation 5(1)(h) to the aerodrome operator and the aircraft operator in Saint Lucia;
1. (c) make the National Civil Aviation Security Programme or relevant parts of the National Civil Aviation Security Programme available to an aerodrome operator, an air operator, an air carrier and other persons as the Co-ordinator determines.

7. Functions and powers of the Authority

(1) Without prejudice to section 8 of the Act, the powers of the Authority include —
1. (a) developing and issuing the Implementing Standards that are applicable to these Regulations;
1. (b) developing and establishing training standards applicable to a person implementing a security control at an aerodrome or on behalf of an aircraft operator, including the screener certification programme;
1. (c) conducting a security audit, test, survey and inspection on a regular basis as specified in the National Civil Aviation Security Programme, in Saint Lucia and verifying compliance with these Regulations and the National Civil Aviation Security Programme to provide for the rapid and effective rectification of any deficiencies;
1. (d) continuously liaising with international regulatory agencies to determine new requirements, threats and preventative security measures for civil aviation;
1. (e) reviewing and approving security programmes in accordance with Part III;
1. (f) publishing a list of prohibited items that must never be carried in the cabin of an aircraft;
1. (g) enforcing these Regulations;
1. (h) establishing a system designed to permit the reporting of breaches of these Regulations, threats or other information relevant to civil aviation security by members of the public including passengers, crew and ground personnel;
1. (i) developing and reviewing the methodology for carrying out a security risk assessment by the Co-ordinator and law enforcement agencies in Saint Lucia; and
1. (j) continuously promoting research and developing new security equipment, processes and procedures to better achieve the objectives of the National Civil Aviation Security Programme and co-operate with other States in this matter.

(2) The Co-ordinator shall ensure that the list of prohibited items under subregulation (1)(f) is transmitted to all holders of security programmes in Saint Lucia.

(3) The system designed under subregulation (1)(h) must permit reports to be submitted anonymously or to protect the identity of a person who submits a report if his or her identity is known.

(4) A security risk assessment under subregulation (1)(i) must —
1. (a) identify a potential security threat, vulnerability and exposure;
1. (b) measure the degree of actual security risk applicable to each aspect of the proposed operation;
1. (c) make recommendations as to the measures to be employed to reduce security risks.

(5) Where the Authority recommends the adoption of new security equipment, processes and procedures in Saint Lucia, the Authority shall refer these recommendations to the Minister who may authorize the Director General to develop new Implementing Standards, training standards or amendments to the security screener certificate programme.

8. Civil aviation security inspectorate

(1) The Authority shall establish a civil aviation security inspectorate that comprises of qualified civil aviation security inspectors who shall conduct security tests, surveys and inspections in Saint Lucia on a regular basis.

(2) The Director of the Air Navigation Services Division shall manage the civil aviation security inspectorate who has the delegated authority to issue a certificate, approval or other written document in support of the functions assigned and to perform acts on behalf of the Director under these Regulations.

(3) A civil aviation security inspector has all the powers of an inspector appointed under section 12 of the Act.

(4) The Authority shall ensure that a civil aviation security inspector is trained at the appropriate standard under the National Civil Aviation Security Quality Control Programme.

(5) In this regulation, “Air Navigation Services Division” means the Air Navigation Services Division within the Authority.

9. National Civil Aviation Security Committee

(1) There is hereby established a National Civil Aviation Security Committee.

(2) The Committee consists of the following persons or his or her suitable representative —
1. (a) the Permanent Secretary of the Ministry responsible for civil aviation, who is the Chairperson;
1. (b) the Co-ordinator who is the Deputy Chairperson;
1. (c) the Attorney General;
1. (d) the Commissioner of Police;
1. (e) the Comptroller of Customs;
1. (f) the Chief Fire Officer;
1. (g) the Chief Immigration Officer;
1. (h) a representative nominated by the airline industry; and
1. (i) the manager of an aerodrome serving international civil aviation.

(3) The functions of the Committee include —
1. (a) advising the Government and the civil aviation industry on civil aviation security measures required to deal with a threat to civil aviation and its facility;
1. (b) assigning responsibilities and establishing the means of ensuring co-ordination between a ministry, a department and other relevant agencies for the implementation of the National Civil Aviation Security Programme;
1. (c) reviewing and maintaining the effectiveness of the National Civil Aviation Security Programme, the National Civil Aviation Security Quality Control Programme and the National Civil Aviation Security Training Programme, including re-evaluating security measures and procedures following an act of unlawful interference and taking such action as may be necessary to remedy any weakness or vulnerability and to prevent a recurrence of any act of unlawful interference;
1. (d) considering recommendations made by the Airport Security Committee at a designated aerodrome in Saint Lucia and, where appropriate, recommend changes to the Authority;
1. (e) co-ordinating the exchange and dissemination of information on incidents, threats and appropriate countermeasures relating to aviation security; and
1. (f) promoting security considerations in the design of a new aerodrome or the expansion of existing facilities.

(4) The Committee may give advice to Cabinet that is consistent with these Regulations and Cabinet shall consider and implement the advice where necessary.

(5) A member of the Committee shall notify the Chairperson in writing of an alternate to attend a meeting of the National Civil Aviation Security Committee when the member is unable to attend.

(6) The Chairperson may invite any other person with specialized knowledge of a matter under consideration at any meeting of the Committee.

(7) No less than six members or his or her representative, including not less than five of the members under subregulation (2)(a), (b), (c), (d) or (g) constitutes a quorum.

(8) The Director or his or her authorized representative may attend a meeting of the Committee and shall be notified by the Chairperson of scheduled meetings of the Committee.

10. National Civil Aviation Security Programme

(1) Subject to subregulations (2) and (3), the Co-ordinator shall, with the approval of Cabinet, establish and implement a National Civil Aviation Security Programme.

(2) The Co-ordinator shall submit a draft National Civil Aviation Security Programme to the Authority for review prior to submission to Cabinet for approval under subregulation (1).

(3) The National Civil Aviation Security Programme established under subregulation (1) must —
1. (a) set out the security policy of the Government for civil aviation within Saint Lucia and the security policy for an aircraft registered in Saint Lucia and provide, through standards and guidelines, the necessary safeguards against acts of unlawful interference;
1. (b) define and allocate tasks and co-ordinate activities relating to civil aviation security between a ministry, a department, an agency and other organizations in Saint Lucia, aerodrome operators, air operators and air carriers and other entities concerned with or responsible for responding to threats or acts of unlawful interference within Saint Lucia;
1. (c) be set out in the manner required under the Implementing Standards.

11. National Civil Aviation Security Quality Control Programme

(1) Subject to subregulations (2) and (3), the Co-ordinator shall, with the approval of Cabinet, establish and implement a National Civil Aviation Security Quality Control Programme.

(2) The National Civil Aviation Security Quality Control Programme established under subregulation (1) is to be used to determine compliance with and to validate the effectiveness of the National Civil Aviation Security Programme and these Regulations.

(3) The National Civil Aviation Security Quality Control Programme must be set out in the manner required under the Implementing Standards.

12. National Civil Aviation Security Training Programme

(1) Subject to subregulations (2) and (3), the Co-ordinator shall, with the approval of Cabinet, establish and implement a National Civil Aviation Security Training Programme.

(2) Prior to submission to Cabinet for approval under subregulation (1), the Co-ordinator shall submit a draft National Civil Aviation Security Training Programme to the Authority for review.

(3) The National Civil Aviation Security Training Programme established under subregulation (1) must —
1. (a) ensure that personnel of all entities involved with or responsible for the implementation of various aspects of the National Civil Aviation Security Programme receive training in accordance with the standards contained in the programme; and
1. (b) be set out in the manner required in the Implementing Standards.

PART II
CIVIL AVIATION SECURITY PROGRAMME

13. Aerodrome operator security programme

(1) A person shall not operate an aerodrome for international civil aviation in Saint Lucia, unless that person —
1. (a) submits to the Authority a proposed aerodrome operator security programme for that aerodrome which satisfies the requirements of these Regulations for acceptance; and
1. (b) submits the approval of the Authority for the proposed aerodrome operator security programme;
1. (c) has an aerodrome certificate before commencing the operation of the aerodrome.

(2) An aerodrome operator security programme required under subregulation (1) for an aerodrome certificate must be designed to safeguard against acts of unlawful interference and must include —
1. (a) the objective of the aerodrome operator security programme;
1. (b) a description of the aerodrome, including a description of the air operations area, the restricted area and the sterile area of the aerodrome;
1. (c) the composition and responsibility of the Airport Security Committee;
1. (d) the details of the security measures at the aerodrome, including access control systems and perimeter security;
1. (e) the duty and responsibility of a person who is required by the nature of his or her duties to be resident at the aerodrome;
1. (f) the details of the provision of adequate law enforcement support and response;
1. (g) the details of the aerodrome operator's credentialing and background checks of persons who will have unescorted access privilege to a restricted area of the aerodrome;
1. (h) a description of the security and communication procedures;
1. (i) the details of the procedures to be followed in response to acts of unlawful interference;
1. (j) the details of security training for staff;
1. (k) the recruitment of staff; and
1. (l) such other matters as may be required by the Co-ordinator.

(3) An aerodrome operator security programme under subregulation (1), must be accompanied by a current scale map of the aerodrome required under regulation 33.

(4) An aerodrome operator security programme under subregulation (1) must be set out in the manner required in the Implementing Standards.

(5) In developing an aerodrome operator security programme, an aerodrome operator shall consider —
1. (a) the special needs of general civil aviation, including reasonable access to an aerodrome facility and an aircraft; and
1. (b) optimizing the aerodrome security arrangements in the development, renovation and expansion plans of the aerodrome.

(6) Where the Authority accepts a proposed aerodrome operator security programme in accordance with these Regulations an aerodrome operator shall, within 30 days of acceptance, ensure that the aerodrome operator security programme is implemented and in full operation.

(7) Where an aerodrome operator has implemented an accepted aerodrome operator security programme, he or she shall submit a copy of the aerodrome operator security programme to the Authority and notify the Authority that —
1. (a) the accepted programme has been implemented; and
1. (b) the aerodrome operator wishes to commence operations under the implemented programme once it is approved by the Authority.

(8) Where the Authority is satisfied that the aerodrome operator security programme implemented in the operations at the aerodrome and the accepted aerodrome operator security programme is identical, the programme shall be approved for full operation in commercial air transport operations.

(9) Notwithstanding subregulation (8), where the aerodrome operator security programme implemented in the operations of the aerodrome operator and the accepted aerodrome operator security programme are not identical, but the differences are within an acceptable level as determined by the Authority, the Authority may approve the programme subject to a limitation and amendment.

(10) An aerodrome operator security programme under this regulation must —
1. (a) be signed by the applicant; and
1. (b) provide for the safety and security of —
  1. (i) passengers, crew and property,
  1. (ii) the aircraft, and
  1. (iii) related civil aviation support facilities;

against acts of unlawful interference.

(11) A person shall not commercially operate an aerodrome under this regulation unless the proposed aerodrome operator security programme of that operator is assessed and approved by the Authority.

14. Aircraft operator security programme

(1) A person shall not commercially operate an aircraft registered in Saint Lucia within Saint Lucia or internationally unless that person —
1. (a) receives from the Authority a proposed aircraft operator security programme for its acceptance; and
1. (b) submits the approval of a proposed aircraft operator security programme for his or her operations, before commencing operations of the aircraft.

(2) A foreign aircraft operator may conduct operations into or out of Saint Lucia if that foreign aircraft operator —
1. (a) submits to the Authority for its acceptance; and
1. (b) subsequent approval of a proposed aircraft operator security programme;

as part of an application for an air transport licence under Part IV of the Act or the Civil Aviation Regulations before commencing operations.

(3) A person may propose an aircraft operator security programme under this regulation to be reviewed and accepted by the Authority and he or she shall —
1. (a) submit the security programme in writing at least 90 days before the intended commencement date of operations;
1. (b) pay the relevant fee; and
1. (c) satisfy the requirements under these Regulations.

(4) A proposed aircraft operator security programme must satisfy the requirements of the National Civil Aviation Security Programme and must contain security measures to ensure that —
1. (a) a passenger and the carry-on baggage of a passenger is screened prior to boarding an aircraft engaged in a civil aviation operation;
1. (b) transfer and transit of a passenger and the carry-on baggage of the passenger is subject to adequate security control to prevent unauthorized articles from being taken on board an aircraft engaged in a civil aviation operation;
1. (c) a prohibited item, such as a weapon, an incendiary device or any other dangerous device, the carrying or possession of which is unauthorized and which may be used to commit an act of unlawful interference, is not introduced, by any means, on board an aircraft engaged in a civil aviation operation;
1. (d) measures are taken, in respect of a flight, to ensure that a disembarking passenger does not leave an item on board the aircraft at a transit stop for the flight;
1. (e) adequate measures are taken to ensure that during a flight an unauthorized person is prevented from entering the flight crew compartment;
1. (f) there is no possibility, after the security screening checkpoints at an aerodrome serving an international civil aviation operation is passed, of mixing or contact between a passenger subjected to screening and other security control and other persons not subjected to security control;
1. (g) checked baggage is subjected to screening and other appropriate security controls prior to being loaded into an aircraft engaged in commercial aviation operations;
1. (h) checked baggage intended for carriage on passenger flights is protected from unauthorized access and tampering from the point it is checked in, whether at an aerodrome or elsewhere, until it is placed on board an aircraft;
1. (i) the baggage of passengers who are not on board the aircraft are not transported unless such baggage are subjected to appropriate security controls, which may include additional screening;
1. (j) a storage area is established at an aerodrome through which the aircraft operator operates, where mishandled baggage may be held until forwarded, claimed or disposed of in accordance with local laws to ensure that they are not tampered with;
1. (k) consignments checked in as baggage by courier services for carriage on passenger aircraft engaged in civil aviation operations are screened;
1. (l) transfer checked baggage are subjected to appropriate security controls to prevent unauthorized articles from being taken on board an aircraft engaged in civil aviation operations;
1. (m) when providing a passenger service only checked baggage which is authorized for carriage in accordance with the requirements specified in the National Civil Aviation Security Programme are transported; and
1. (n) procedures are specified for the control of entry of firearms on board an aircraft which ensure that checked firearms are not loaded and are not accessible to passengers during flight time;
1. (o) international obligations are met.

(5) A national aircraft operator may conduct operations into or out of Saint Lucia if that national aircraft operator has a security programme that contains —
1. (a) a security policy and the procedures for ensuring —
  1. (i) the security of passengers and passenger carry-on and checked baggage,
  1. (ii) the security of crew and crew carry-on and checked baggage;
1. (b) procedures for —
  1. (i) passenger and checked baggage reconciliation,
  1. (ii) ensuring security of the aircraft,
  1. (iii) airline catering, stores and supplies,
  1. (iv) aircraft cleaning operations,
  1. (v) cargo, courier, express parcels and mail,
  1. (vi) recruitment of staff,
  1. (vii) training of staff,
  1. (viii) incident reporting;
1. (c) details of contingency planning;
1. (d) if performing screening operations, the procedures for screening, the methods and means of performing such screening, and other specifications as required under these Regulations;
1. (e) supervision and performance monitoring procedures to meet the security requirements for aerodromes through which the operator conducts business; and
1. (f) security measures and procedures for the air traffic control services at the aerodrome.

(6) An aircraft operator security programme under subregulation (1) shall include details of how the aircraft operator plans to meet the requirements set out in the Implementing Standards.

(7) On a proposed aircraft operator security programme being accepted by the Authority, the aircraft operator shall, within 30 days of the acceptance, ensure that the aircraft operator security programme is implemented and is in full operation.

(8) An aircraft operator who implements an accepted aircraft operator security programme shall submit a copy of the aircraft operator security programme to the Authority and notify the Authority that he or she —
1. (a) has implemented the aircraft operator security programme; and
1. (b) wishes to commence operations under the programme once it is approved by the Authority.

(9) Where the Authority is satisfied that the programme implemented in the operations of the aircraft operator and the accepted aircraft operator security programme are identical, he or she or the Authority may approve the programme for full operation in commercial air transport operations.

(10) Notwithstanding subregulation (9), where the aircraft operator security programme implemented in the operations of the aircraft operator and the accepted aircraft operator security programme are not identical, but the differences are within an acceptable level as determined by the Authority, the Authority may approve the programme subject to a limitation and amendment.

(11) Where required by the Authority, an aircraft operator required to conduct screening under a security programme shall use an explosive detection system that is approved by the Authority to screen checked baggage in accordance with the aircraft operator security programme.

(12) An aircraft operator security programme under this regulation must —
1. (a) be signed by the applicant; and
1. (b) provide for the safety and security of —
  1. (i) passengers, crew and property,
  1. (ii) aircraft, and
  1. (iii) related civil aviation support facilities,

against acts of unlawful interference.

(13) A person shall not operate an aircraft in commercial air transport under this regulation unless the proposed aircraft operator security programme of that operator is assessed and approved by the Authority.

15. Regulated agent security programme

(1) A person shall not operate an enterprise or an organization whose purpose is the movement of goods for transport by air within and through Saint Lucia unless that person —
1. (a) submits to the Authority for acceptance; and
1. (b) submits the approval of a proposed regulated agent security programme for his or her operations,

before such operations may commence.

(2) A regulated agent shall ensure that his or her regulated agent security programme —
1. (a) meets his or her international obligations;
1. (b) meets the requirement of the National Civil Aviation Security Programme and national obligations under the Act;
1. (c) includes details of how he or she plans to meet the requirements set out in the Implementing Standards in the manner set out in the Implementing Standards;
1. (d) includes procedures for —
  1. (i) ensuring the security of his or her goods, buildings, premises, transport facilities and cargo buildings,
  1. (ii) recruitment and training of staff involved in the handling of goods, and
  1. (iii) incident reporting.

(3) The regulated agent security programme under subregulation (1), must be set out in the manner required in the Implementing Standards.

(4) On the Authority accepting the regulated agent security programme required under this regulation, the regulated agent shall, within 30 days of such acceptance ensure that the programme is implemented and in full operation.

(5) Where the regulated agent has implemented the accepted regulated agent security programme in accordance with subregulation (1), he or she shall —
1. (a) submit a copy of the regulated agent security programme to the Authority and notify the Authority that he or she has implemented the accepted programme; and
1. (b) commence operations under such implemented programme once it is approved by the Authority.

(6) Where the Authority is satisfied that the regulated agent security programme implemented in the operations of the regulated agent and the accepted regulated agent security programme are identical, the Authority may approve the programme for full operation in the operations of the regulated agent.

(7) Notwithstanding subregulation (6), where the regulated agent security programme implemented in the operations of the regulated agent and the accepted regulated agent security programme are not identical, but the differences are within an acceptable level as determined by the Authority, the Authority may approve such programme subject to a limitation and amendment.

(8) A regulated agent security programme under these Regulations must —
1. (a) be signed by the applicant; and
1. (b) provide for the safety and security of —
  1. (i) passengers, crew and property,
  1. (ii) aircraft, and
  1. (iii) related civil aviation support facilities;

against acts of unlawful interference.

(9) A person shall not operate as a regulated agent under these Regulations unless the proposed regulated agent security programme of that operator is assessed and approved by the Authority.

16. Catering operator security programme

(1) A person shall not operate an enterprise or an organization to provide catering supplies and stores for use in commercial air transport, within and through Saint Lucia, unless that person —
1. (a) submits to the Authority for acceptance; and
1. (b) submits the approval of a proposed catering operator security programme for his or her operations,

before commencing operations.

(2) A catering operator shall ensure that his or her catering operator security programme —
1. (a) meets his or her international obligations;
1. (b) meets the requirement of the National Civil Aviation Security Programme and the national obligations under the Act or Regulations; and
1. (c) describes the plans to meet the requirements set out in the Implementing Standards in the manner set out in the Implementing Standards;
1. (d) sets out the procedure —
  1. (i) to ensure the security of goods, buildings, premises, transport facilities and catering buildings,
  1. (ii) to recruit and train staff involved in the handling of goods, and
  1. (iii) to report an incident.

(3) A catering operator security programme referred to under subregulation (2), must be set out in the manner specified in the Implementing Standards.

(4) On the Authority accepting the catering operator security programme, the catering operator shall, within 30 days of such acceptance, ensure that the programme is implemented and is in full operation.

(5) A catering operator who has implemented the programme in accordance with subregulation (4), shall notify the Authority that he or she has implemented the programme and wishes to commence operations under such programme once it is approved by the Authority.

(6) Where the Authority is satisfied that the programme implemented in the operations of the catering operator and the accepted catering operator security programme are identical, the Authority may approve the catering operator security programme, for full operation in the operations of the catering operator.

(7) Notwithstanding subregulation (6), where the catering operator security programme implemented in the operations of the catering operator and the accepted catering operator security programme are not identical, but the differences are within an acceptable level as determined by the Authority, the Authority may approve such catering operator security programme subject to a limitation and amendment.

(8) A civil aviation security programme under this regulation must —
1. (a) be signed by the applicant; and
1. (b) provide for the safety and security of —
  1. (i) passengers, crew and property,
  1. (ii) aircraft, and
  1. (iii) related civil aviation support facilities,

against acts of unlawful interference.

(9) A person shall not operate as catering operator under these Regulations unless the proposed catering operator security programme of that operator is assessed and approved by the Authority.

17. Approval of civil aviation security programme

(1) Notwithstanding regulations 13, 14, 15 and 16, a person shall, in addition to meeting the requirements for certification or other authorization, meet the requirements for the National Civil Aviation Security Programme under these Regulations.

(2) Where the Authority determines that a civil aviation security programme requires modification it may direct the applicant to modify and re-submit the proposed civil aviation security programme for acceptance by the Authority.

(3) Notwithstanding an acceptance under this regulation, an aerodrome operator, an aircraft operator, a regulated agent or a catering operator is not authorized to use the proposed civil aviation security programme submitted for approval under these Regulations until the implementation of such programme is evaluated and the programme is approved for use by the Co-ordinator.

(4) The holder of an approved civil aviation security programme shall not implement new security equipment, processes and procedures without prior written approval of the Authority.

18. Amendment of approved civil aviation security programme

(1) Where a civil aviation security programme is approved in accordance with these Regulations the aerodrome operator, aircraft operator, regulated agent or catering operator shall follow the procedures set out in subregulation (2), where it is determined —
1. (a) in the case of an aerodrome operator, that —
  1. (i) any description of the aerodrome area set out in the aerodrome operator security programme is no longer accurate,
  1. (ii) there are changes to the designation of the aerodrome security manager or the composition of the Airport Security Committee required by these Regulations;
1. (b) that any description of his or her operations no longer accurately describes the procedures, facilities and equipment described in the programme;
1. (c) that the location of equipment and facilities has been changed; or
1. (d) that the procedures, facilities and equipment are no longer adequate.

(2) Where a condition described in subregulation (1) occurs, the aerodrome operator, aircraft operator, regulated agent or catering operator, shall —
1. (a) immediately notify the Authority in writing of the changed condition, and identify each interim measure being taken to maintain adequate security until approval is granted for an appropriate amendment to the approved civil aviation security programme; and
1. (b) within 30 days after notifying the Authority in accordance with paragraph (a), submit for approval in accordance with regulation 21, an amendment to the civil aviation security programme to bring it into compliance with these Regulations.

(3) An aerodrome operator, aircraft operator, regulated agent or catering operator may amend an approved civil aviation security programme, by making a request for such amendment to the Authority for review at least 30 days before the proposed effective date of intended implementation of the amended approved civil aviation security programme.

(4) When the Authority is satisfied that the proposed amendment to the approved security programme provides the level of security required by these Regulations, it may recommend approval of the amended approved civil aviation security programme to the Authority.

(5) The Authority may require an aerodrome operator, aircraft operator, regulated agent or catering operator to amend his or her approved civil aviation security programme, where it is determined that safety and the public interest require the amendment.

(6) Except in an emergency as provided under subregulation (5), where the Authority requires an aerodrome operator, aircraft operator, regulated agent or catering operator to amend his or her approved security programme under subregulation (1), the Authority shall notify the aerodrome operator, aircraft operator, regulated agent or catering agent in writing of the required amendment and allow a period of 30 days from the date contained in the notice, for a written response from such aerodrome operator, aircraft operator, regulated agent or catering operator.

(7) Subject to subregulation (6), following the 30 day notice period and after considering any written responses received during that period, the Authority shall issue a final amendment to the aerodrome operator, aircraft operator, regulated agent or catering operator.

(8) Where the Authority receives a notice of a proposed amendment under subregulation (2), the aerodrome operator, aircraft operator, regulated agent or catering operator may submit an alternative amendment to his or her approved civil aviation security programme which meets the intent of the required amendment under subregulation (2) for consideration by the Authority.

(9) When the Authority is satisfied that the alternative amendment submitted in subregulation (3) would provide an overall level of security equal to that required, the Authority may approve the alternative amendment to the approved civil aviation security programme.

(10) Where the Authority determines that an emergency exists which requires immediate action that makes the procedure in subregulations (2) and (3) impracticable or contrary to the public interest and safety, the Authority may direct the aerodrome operator, aircraft operator, regulated agent or catering operator to deviate in a specified manner from his or her approved civil aviation security programme in the area of concern for a period not exceeding 30 days.

PART III
AERODROME SECURITY

19. General responsibility of aerodrome operator

(1) An aerodrome operator shall, prior to renovation and expansion works to his or her aerodrome or the construction of an additional aerodrome facility at the same location, submit to the Authority a revision of the measures designed to safeguard against acts of unlawful interference.

(2) Where a foreign aircraft operator uses the aerodrome facility of an aerodrome operator, the Authority may, in co-ordination with the aerodrome operator, approve an inspection by the officials responsible for civil aviation security of the contracting State of the foreign aircraft operator in order to assess the adequacy of the security measures.

20. Airport Security Committee

(1) An aerodrome operator shall establish an Airport Security Committee to ensure the implementation of any national civil aviation security initiatives that may be required by the Co-ordinator from time to time.

(2) The terms of reference for an Airport Security Committee must be as set out in the Implementing Standards.

21. Aerodrome operator to provide aviation security officer and aviation screening officer

(1) An aerodrome operator shall provide aviation security officers and security screening officers, in the number and in a manner adequate to support and carry out the requirements of —
1. (a) the approved aerodrome operator security programme; and
1. (b) each passenger screening system required under these Regulations.

(2) An aerodrome operator shall ensure that an aviation security officer or a security screening officer employed by him or her —
1. (a) abstains from the consumption of an alcoholic beverage or other intoxicating or controlled substance that may impair his or her judgment, vision, cognition, or mobility while on duty at the aerodrome;
1. (b) is readily identifiable —
  1. (i) by uniform,
  1. (ii) by displaying or carrying a badge, or
  1. (iii) by displaying or carrying some other form of identification of his or her power while on duty;
1. (c) completes a training programme that meets the requirements under subregulation (7); and
1. (d) is certified in accordance with Part VII;
1. (e) conducts security duties in accordance with the applicable provisions of these Regulations;
1. (f) undergoes or is subject to initial and periodic background checks;
1. (g) receives initial and recurrent training on aviation security.

(3) An aerodrome operator may request in writing the permission of the Commissioner of Police for an aviation security officer to carry a firearm while on duty at an aerodrome.

(4) An aviation security officer shall, while on duty at an aerodrome, arrest, with or without a warrant, a person who —
1. (a) commits an offence in his or her presence; or
1. (b) he or she has reason to believe has committed an offence.

(5) The training programme under subregulation (2)(c) must —
1. (a) be approved by the Authority;
1. (b) outline training in the subjects specified under subregulation (6); and
1. (c) meet the training requirements set out in the Implementing Standards.
1. (d) include training in —
  1. (i) the courteous and efficient treatment of a person subject to inspection, detention, search, arrest and any other civil aviation security activity,
  1. (ii) the responsibilities of a member of the Police Force under the approved aerodrome operator security programme, and
  1. (iii) any other field the Authority determines is necessary.

(6) An aerodrome operator shall not employ a person as an aviation security officer or a security screening officer unless that person —
1. (a) meets the requirements of these Regulations;
1. (b) is trained in accordance with the requirements of these Regulations, where his or her duties are in respect of the screening of a passenger, a crew member, baggage, cargo, and mail; and
1. (c) is approved by the aerodrome operator where he or she is employed by an aerodrome tenant as an aviation security officer.

(7) An aerodrome operator shall keep an accurate record of the initial and periodic background checks, experience and training of an aviation security officer and a security screening officer in his or her employ and such record shall be retained for the duration of his or her employment and after his or her employment for a period of 1 year.

(8) An aerodrome operator shall, on request, make available the records for inspection and copy to the Co-ordinator and the Authority.

22. Use of member of the Police Force

(1) Where the number of civil aviation security officers required under regulation 21 are not available to meet the requirements of these Regulations, an aerodrome operator may request in writing through the Co-ordinator the use of a member of the Police Force.

(2) After a request is made under subregulation (1), the Co-ordinator may, with the approval of the Commissioner of Police, approve the assignment of a member of the Police Force at the aerodrome.

23. Requirement to screen a person, carry-on baggage, goods and a vehicle

An aviation security officer or a security screening officer shall screen —

(a) a person seeking entry into a restricted area or a sterile area of the aerodrome;

(b) the carry-on baggage and goods of a person entering a restricted area or a sterile area of the aerodrome; and

24. Procedure for refusal of person to submit to screening

(1) Where a person refuses to be screened as required under regulation 23, that person is not permitted to enter the restricted area or sterile area and will be ordered to leave the restricted area or sterile area and the goods, carry-on baggage, vehicle or means of conveyance in his or her possession removed from the restricted area or sterile area.

(2) Where, after boarding an aircraft, a passenger is required by an aviation security officer or a security screening officer to submit to the screening of his or her person, goods or carry-on baggage that he or she carried or placed on board the aircraft and refuses to be screened, the aviation security officer or the security screening officer shall order that person to disembark the aircraft and to remove his or her goods, carry-on baggage or checked baggage.

25. Treatment of unaccompanied goods

Where unaccompanied goods are received at an aerodrome for transport on an aircraft and such goods are not accompanied by a person who may give the permission to screen the goods, an aviation security officer or a security screening officer may carry out an authorized search of the goods in the presence of the aircraft operator or a regulated agent, and in carrying out that search may use reasonable force to gain access to the unaccompanied goods.

26. Security measures of an aerodrome tenant

(1) An aerodrome tenant shall develop security measures to manage access to a restricted area under his or her control in accordance with the approved aerodrome operator security programme and shall submit the details of the security measures in writing for the approval.

(2) The security measures approved under subregulation (1) form part of the approved aerodrome operator security programme.

(3) An aerodrome tenant shall ensure that his or her personnel receive aerodrome security training or security awareness training in accordance with the approved aerodrome operator security programme.

(4) An aerodrome tenant shall not use a person as a civil aviation security officer unless the person —
1. (a) is subject to a background check as required under regulation 21;
1. (b) has received appropriate training as required under this regulation; and
1. (c) is approved for employment by the aerodrome operator.

27. False statement, entry or unauthorized reproduction

A person shall not make, or cause to be made —

(a) a fraudulent or intentionally false statement in an aerodrome operator security programme or an application for a security programme, access medium, or identification medium;

(b) a fraudulent or intentionally false entry in a record or report that is kept, made or used to —
1. (i) show compliance with these Regulations, or
1. (ii) exercise any privileges under these Regulations; and

(c) a reproduction or alteration of any report, record, security programme, access medium or identification medium issued under these Regulations without the approval of the aerodrome operator.

28. Access control system

(1) An aerodrome operator shall ensure that the location and function of a restricted area or sterile area at the aerodrome is designated and properly defined.

(2) The level of access to a restricted area or a sterile area must be clearly defined and made known to a person at the aerodrome whose duties require access to a restricted area or a sterile area.

(3) An aerodrome operator shall include in his or her approved aerodrome operator security programme details of a system, method and procedure which ensures that —
1. (a) an access point into a restricted area or sterile area is limited in number, and physical access through that access point is strictly controlled;
1. (b) an entry point which cannot be effectively controlled is locked or otherwise secured against entry by an unauthorized person;
1. (c) access by a person and a vehicle to a restricted area or a sterile area is restricted only to a person who must have access by virtue of his or her duties;
1. (d) a restricted area that is not subject to continual access control measures must be subjected to a thorough search prior to being brought into use;
1. (e) a person whose duties require him or her to be in the restricted area or sterile area of the aerodrome is required to have on display on his or her person, a valid aerodrome identification badge, and any baggage or item he or she carries must be screened before being allowed access into a restricted area or a sterile area;
1. (f) the screening under paragraph (e) must be to the same standard as that required for a passenger under these Regulations; and
1. (g) a person at an aerodrome is aware of an area that is a restricted area or a sterile area.

(4) Notwithstanding the screening requirements under subregulation (3)(e), the aerodrome operator may consider the screening of a person and goods at a certain access point on a random basis depending on the assessed risk, where details of such risks are included in an approved aerodrome operator security programme.

(5) The system, method and procedure under subregulation (3), must —
1. (a) provide a means to differentiate between a person authorized to have access to only a particular portion of the restricted area and a person authorized to have access only to other portions or to the entire restricted area;
1. (b) be capable of limiting the access of an individual by time and date;
1. (c) describe the scope of initial and periodic background checks conducted on every applicant for all types of passes issued.

29. Aerodrome operator to establish and use aerodrome identification media system

(1) An aerodrome operator shall ensure that access to a restricted area or a sterile area of an aerodrome is controlled by the use of an aerodrome identification permit system to identify a person and a vehicle and facilitate authorized access.

(2) An aerodrome operator shall ensure that all persons working at an aerodrome is issued with an aerodrome security identification permit by the organization approved for such purpose and a person shall display such identification badge on his or her person at all times while in the restricted area or the sterile area of the aerodrome.

(3) An aerodrome operator shall not issue to a person an identification permit that provides unescorted access to a restricted area unless the person has successfully completed a background check required under regulation 21 and an appropriate training in accordance with a curriculum specified in the approved aerodrome operator security programme of the aerodrome operator.

(4) An aerodrome operator shall keep a record of the training given to a person under this regulation for 6 months after the termination of the unescorted access privileges of that person.

(5) A curriculum under subregulation (3) must provide the methods of instruction and includes —
1. (a) control, use and display of approved aerodrome security identification information;
1. (b) the procedures by an aviation security officer, a security screening officers and members of the Police Force for dealing with perceived unauthorized access;
1. (c) the restrictions on disclosure of information concerning an act of unlawful interference with civil aviation where the information is likely to jeopardize the safety of domestic or international aviation;
1. (d) non-disclosure of information regarding the aerodrome security system or a security system of an aerodrome tenant to an unauthorized person; and
1. (e) any other topic considered necessary by the aerodrome operator or the Authority.

(6) A person shall not use an aerodrome identification badge that provides unescorted access to a security restricted area to gain access unless that badge was issued to the person by the aerodrome operator.

(7) An aerodrome operator shall have as part of its approved security programme, a system for conducting periodic audits of identification media issued by the aerodrome operator, a process for tracking lost or stolen identification media, and procedures for control, reissuance and validation of identification media.

30. Security of air operations area

(1) An aerodrome operator shall perform the following control functions for scheduled passenger operations —
1. (a) control access to an air operations area, including methods for preventing the entry of an unauthorized person and a ground vehicle;
1. (b) control movement of a person and a ground vehicle within an air operations area including when appropriate, requirements for the display of security identification; and
1. (c) detect and take action to control an entry, or attempted entry to an air operations area by a person whose entry is unauthorized under an approved aerodrome operator security programme.

(2) An aerodrome operator is not required to comply with subregulation (1), with respect to an exclusive area under the control of the aircraft operator, where the aerodrome operator has established an Exclusive Area Agreement with the aircraft operator when the aerodrome operator is satisfied that the aircraft operator has included the following in his or her approved aircraft operator security programme —
1. (a) a description of the procedure to satisfy the control measures under subregulation (1);
1. (b) a description of the facilities and equipment used by the aircraft operator to perform the control functions under subregulation (1); and
1. (c) procedures by which the aircraft operator will notify the aerodrome operator when the procedures, facilities, and equipment are not adequate to perform the control functions described under subregulation (1).

(3) The Exclusive Area Agreement becomes a part of the aerodrome operator security programme, and the aerodrome operator shall ensure that the aircraft operator carries out the requirements for maintaining security as set out in the Exclusive Area Agreement.

(4) In this regulation, “Exclusive Area Agreement” means an agreement between two parties that allows for terms and conditions for use of an exclusive area within an airport by an aircraft or other operator at an airport.

31. Evidence of compliance

On the request of the Authority, an aerodrome operator shall provide evidence of compliance with this Part and the approved aerodrome operator security programme.

32. Designation of aerodrome security manager

(1) An aerodrome operator shall, in accordance with his or her approved aerodrome operator security programme, designate an officer in his or her organization as the aerodrome security manager.

(2) An aerodrome security manager —
1. (a) must be available at all times;
1. (b) serves as the primary contact of the aerodrome operator for security related activities and communications with the Authority and the Co-ordinator as set out in the approved aerodrome operator security programme.

33. Map of aerodrome

An aerodrome operator shall keep at the aerodrome a current map to scale of the aerodrome that identifies the restricted area and the sterile area, security barriers and restricted area access point and sterile area access point.

34. Provision of information

An aerodrome operator shall provide the Authority and the Co-ordinator, on reasonable notice given by the Authority and the Co-ordinator, with written or electronic records or other information relevant to the security of the aerodrome, including —

(a) information concerning the method of implementing the security measures that apply to an aerodrome;

(b) a copy of the scale map under regulation 33; and

(c) information of a new commercial air transportation service that is to commence operations at the aerodrome no less than 30 days prior to the proposed commencement of service.

35. Persons authorized to carry weapons into restricted area

The following persons are authorized to carry a weapon into a restricted area —

(a) a person performing screening functions on duty who has detected a weapon during screening;

(b) an aviation security officer if —
1. (i) the weapon is surrendered for the purpose of being carried in the hold of the aircraft, and
1. (ii) the aircraft operator agrees to carry the weapon in the hold of the aircraft, and
1. (iii) the weapon is carried in a way that its presence is not apparent to members of the public;

(d) a person who, with the written consent of the aerodrome operator, is engaged in controlling wildlife or other animals on the aerodrome; and

(e) an aviation security officer or a member of the Police Force on duty at the aerodrome.

PART IV
AIRCRAFT SECURITY

36. General responsibility of an aircraft operator

An aircraft operator with an approved aircraft operator security programme shall —

(a) maintain one complete copy of the approved aircraft operator security programme at the principal business office in Saint Lucia;

(b) maintain a complete copy or the pertinent portions of the approved aircraft operator security programme at each aerodrome where security screening is conducted;

(c) make the documents under paragraphs (a) and (b) available for inspection on request by the Authority or the Co-ordinator; and

(d) restrict the distribution, disclosure, and availability of confidential security information only to a person who has defined roles in the programme and is required to have such information for the performance of his or her functions.

37. Pre-flight aircraft security check or aircraft security search

(1) Before conducting a flight, an aircraft operator shall ensure that a pre-flight aircraft security check of the aircraft is carried out in accordance with subregulations (2), (3), (4) and (5) where —
1. (a) the flight is the first flight of the aircraft since returning to service after maintenance is performed outside the restricted area of the aerodrome; or
1. (b) the previous flight of the aircraft, has been continuously protected, in the way set out in the security programme of the aircraft operator from unauthorized access.

(2) The pre-flight aircraft security check must include an inspection of —
1. (a) the interior of the aircraft, including the passenger cabin, seats, overhead baggage lockers, toilets, catering and food preparation areas, flight deck and crew rest stations and cargo hold;
1. (b) an unlocked storage facility in a part of the aircraft referred to in paragraph (a);
1. (c) the parts of the exterior of the aircraft are reasonably accessible;
1. (d) the cargo holds before cargo is loaded;
1. (e) the passenger cabin before a passenger boards the aircraft; and
1. (f) the baggage compartments before baggage is loaded.

(3) Notwithstanding subregulations (2)(d) and (e), the Co-ordinator or the aircraft operator may direct that an aircraft security search instead of an aircraft security check is carried out where —
1. (a) a security risk assessment undertaken by the Co-ordinator reveals an increased likelihood of an act of unlawful interference being perpetrated on the aircraft operator or at the aerodrome;
1. (b) the Co-ordinator or the aircraft operator has received information of a credible threat to civil aviation security; or
1. (c) the threat level in Saint Lucia is raised by the Minister.

(4) An aircraft security search requires a thorough inspection of the interior and exterior of the aircraft including areas not normally accessible to passengers.

(5) An aircraft that is the subject of an aircraft security check or aircraft security search must be protected from unauthorized access until its departure.

38. Screening passengers and baggage

(1) An aircraft operator shall conduct screening of —
1. (a) an originating passenger, a transit passenger, a transfer passenger and crew travelling on an aircraft;
1. (b) the carry-on baggage belonging to a person referred to in paragraph (a);
1. (c) the hold baggage of a person under paragraph (a); and
1. (d) any other goods in the hold of the aircraft.

(2) Notwithstanding subregulation (1), an aircraft operator may authorize the aerodrome operator of the aerodrome from which he or she operates or any other person to conduct the screening functions set out in an approved aircraft operator security programme.

(3) In giving an authorization to an aerodrome operator or any other person under subregulation (2), the aircraft operator shall further instruct the aerodrome operator or person, to prohibit any passenger refusing to be screened from entering the aircraft.

(4) An aircraft operator or an authorized person under subregulation (1), shall use the procedures, facilities and equipment described in an approved aircraft operator security programme —
1. (a) to prevent or deter the carriage of any prohibited item, such as, a weapon or incendiary device on or about the person or in the carry-on baggage of that person and prevent the carriage of any unauthorized prohibited item in checked baggage on an aircraft;
1. (b) to detect the existence of a prohibited item, such as a weapon or incendiary device;
1. (c) to inspect each person entering a sterile area at each pre-boarding screening check-point and to inspect all accessible property under the control of such person;
1. (d) to perform the following control functions with respect to each aircraft operation for which screening is required —
  1. (i) to prohibit unauthorized access to the aircraft,
  1. (ii) to ensure that baggage carried in the aircraft is checked in by a properly trained agent and that identification is obtained from all passengers and persons shipping goods or cargo on board the aircraft,
  1. (iii) to ensure that cargo and hold baggage carried on board the aircraft are handled in a manner that prohibits unauthorized access, and
  1. (iv) to conduct an aircraft security check of the aircraft before placing it in service and after it is left unattended.

39. Refusal to submit to screening

(1) An aircraft operator shall refuse to transport —
1. (a) a person who does not consent to an authorized search of his or her person when required to do so by the aircraft operator or person authorized to conduct a search on behalf of an aircraft operator; and
1. (b) property of a person who does not consent to a search or inspection of that property in accordance with the screening system under subregulation (1).

(2) A foreign aircraft operator shall not conduct a flight —
1. (a) within Saint Lucia with a passenger on board who refuses to submit to a screening, required under these Regulations; or
1. (b) while the carry-on or checked baggage of a passenger who refuses to submit to a screening, is on board the aircraft.

(3) Notwithstanding being in possession of a boarding pass, when the pilot in command of an aircraft has reasonable grounds to believe that a passenger could be a security or safety risk for the flight, the pilot in command shall —
1. (a) order the passenger to disembark the aircraft;
1. (b) order that the hold and cabin baggage of the passenger be removed from the aircraft; and
1. (c) refuse to transport the passenger.

(4) An aircraft operator shall ensure that a screening check point area is properly served with properly trained supervisory and non-supervisory personnel in adequate numbers and in accordance with the standard specified in the approved aircraft operator security programme.

40. Separating passengers

(1) A departing passenger who is screened in accordance with these Regulations shall not mix or come into contact with an arriving passenger or other person who is not screened in accordance with these Regulations and the Implementing Standards.

(2) If mixing or contact between a departing passenger and an arriving passenger takes place contrary to subregulation (1), the passengers and the cabin baggage of the departing passenger must be re-screened before boarding an aircraft.

41. Item on board aircraft at transit stop

An aircraft operator shall establish measures to ensure that a disembarking passenger does not leave items on board an aircraft at a transit stop.

42. Protection of hold baggage

(1) An aircraft operator shall protect hold baggage from unauthorized access from the point at which it is accepted into the care of the aircraft operator until departure of the aircraft on which it is to be carried.

(2) An aircraft operator shall rescreen all hold baggage if it is known or suspected that the integrity of such baggage has been jeopardized by unauthorized access.

43. Reconciliation of hold baggage

(1) Subject to subregulation (4), an aircraft operator shall not place hold baggage on board an aircraft unless the passenger has checked in and is on board the aircraft.

(2) An aircraft operator shall not place hold baggage on board an aircraft unless that baggage is screened under regulation 47.

(3) An aircraft operator shall establish a secure storage area at the aerodrome where mishandled baggage will be held until forwarded, claimed or disposed of.

(4) An aircraft operator shall not place mishandled baggage on an aircraft without subjecting such baggage to additional screening.

44. Cargo, courier consignment, express parcel and mail

An aircraft operator —

(a) shall screen cargo, courier consignments, express parcels and mail intended for carriage on a passenger aircraft in accordance with the approved aircraft operator security programme;

(b) may carry cargo, courier consignments, express parcels and mail on a passenger aircraft without additional security controls if satisfied that the cargo, courier consignments and express parcels or mail is tendered for carriage by a regulated agent in accordance with the approved aircraft operator security programme;

(c) shall ensure cargo, courier consignments and express parcels and mail intended to be carried on a passenger aircraft are protected from unauthorized access from the point the cargo, courier consignments and express parcels and mail are accepted into the care of the aircraft operator until departure of the aircraft on which the cargo, courier consignments and express parcels and mail is to be carried;

(d) shall rescreen all cargo, courier consignments, express parcels and mail if it is known or suspected that the integrity of the cargo, courier consignments, express parcels and mail is jeopardized by unauthorized access.

45. Procedures for carrying a passenger in the custody of escort officer

(1) An aircraft operator may carry a passenger who is required to travel in the custody of an escort officer on board an aircraft.

(2) An aircraft operator shall ensure that prior to departure —
1. (a) the escort officer, under subregulation (1), is equipped with adequate restraining devices to be used in the event restraint of the passenger under his or her control becomes necessary;
1. (b) every passenger under the control of the escort officer under subregulation (1), is searched and does not have on or about his or her person or property anything that can be used as a weapon;
1. (c) a passenger under the control of an escort officer is —
  1. (i) boarded before any other passengers when boarding at the aerodrome from which the flight originates and deplaned at the destination after all other deplaning passengers have deplaned,
  1. (ii) seated in the rear-most passenger seat when boarding at the aerodrome from which the flight originates, and
  1. (iii) seated in a seat that is not located in any lounge area or located close to or directly across from any exit; and
1. (d) an escort officer and his or her passenger are seated only in a row of two or more seats and at least one escort officer sits between the passenger and any aisle.

(3) An aircraft operator operating an aircraft under subregulation (1), shall not —
1. (a) serve food, beverage, or provide eating utensils made of metal to a passenger under the control of an escort officer while on board the aircraft unless authorized to do so by the escort officer; or
1. (b) serve an escort officer or the passenger under the control of the escort officer an alcoholic beverage while on board the aircraft.

(4) An escort officer on board an aircraft under subregulation (1), shall, at all times, accompany the passenger under his or her control and keep the passenger under surveillance while on board the aircraft including visits to the lavatory.

(5) This regulation does not apply to carrying passengers under voluntary protective escort.

(6) The pilot in command of the aircraft must be notified of the presence of a passenger under the control of an escort officer on board the aircraft prior to departure by means of a Notice to Captain.

46. In-flight security officer

(1) A member of the Police Force who has received training as specified in the National Civil Aviation Security Training Programme, may carry out the functions of an in-flight security officer.

(2) An aircraft operator shall, where directed by the Co-ordinator, permit and facilitate the carriage of an in-flight security officer on specific flights to prevent —
1. (a) an unauthorized person from gaining access to the flight deck; and
1. (b) an act of unlawful interference, and other criminal acts on board an aircraft.

(3) The Minister may by agreement with another State permit the carriage of armed in-flight security officers on board an aircraft registered in that State travelling to or from Saint Lucia.

(4) An in-flight security officer under this regulation, where deployed on a flight, shall —
1. (a) prevent an unauthorized person from gaining access to the flight deck and prevent hijackings and other acts of unlawful interference on board the aircraft; and
1. (b) conduct crew briefings prior to departure to ensure the flight crew and cabin crew understand his or her role on board the aircraft.

(5) The pilot-in-command must be notified of the number and seat location of an in-flight security officer on board the aircraft prior to departure by means of a Notice to Captain.

(6) Except as provided in these Regulations, the deployment of an in-flight security officer shall be kept confidential.

47. Weapons

(1) An aircraft operator shall not permit a person to have on or about his or her person or property, a weapon, concealed or unconcealed, accessible to him or her while on board an aircraft.

(2) Subregulation (1) does not apply to an in-flight security officer deployed on a flight under regulation 46.

(3) A person shall not carry a weapon on or about his or her person, concealed or unconcealed, while on board an aircraft operated by an aircraft operator.

(4) An aircraft operator shall not knowingly permit a person to transport or tender for transport a weapon, incendiary device or loaded firearm in checked baggage on board an aircraft.

(5) An aircraft operator shall not knowingly permit a person to transport or tender for transport, a firearm in checked baggage on board an aircraft unless —
1. (a) the person declares to the aircraft operator, orally or in writing before tendering the baggage for the purpose of being checked in that he or she has a firearm carried in his or her checked baggage and it is unloaded;
1. (b) the firearm is in a hard-sided and locked container;
1. (c) the hold baggage or container containing the firearm is loaded on the aircraft in an area that is inaccessible to passengers; and
1. (d) the person under paragraph (a) presents a licence for the firearm from the State that permits him or her to have in his or her possession such firearm, an export licence for the firearm from the State of departure and an import licence for the firearm issued by the State of destination.

(6) An aircraft operator shall ensure that the firearm is inspected by an aviation security officer who is the holder of a firearms licence issued in Saint Lucia to determine that the firearm is not loaded.

(7) A firearm must be transported to the aircraft in the custody of the aviation security officer who inspected the firearm.

(8) A pilot in command of an aircraft shall be notified of the presence of a firearm on board the aircraft prior to departure through a Notice to Captain.

(9) For the purposes of this regulation, “loaded firearm” means a firearm, which has inserted in it a live round of ammunition, cartridge, detonator or powder in the chamber or in a clip, magazine or cylinder.

48. Ground security co-ordinator

(1) An aircraft operator shall assign an appropriately qualified and trained person as a ground security co-ordinator to co-ordinate the ground security duties specified in an approved aircraft operator security programme.

(2) In applying security measures for the prevention and management of acts of unlawful interference under this regulation, the aircraft operator and the aerodrome operator shall ensure that the items in the Implementing Standards and other items specified by the Authority from time to time are controlled in the manner specified in the Implementing Standards.

(3) An aircraft operator shall not use a person as a ground security co-ordinator unless, within the preceding 12 months, that person has satisfactorily completed the required security training specified in an approved aircraft operator security programme.

(4) An aircraft operator shall not use a person as a crew member on a domestic or international flight unless within the preceding 12 months that person has satisfactorily completed the security training required by these Regulations as specified in an approved aircraft operator security programme.

49. Request for information

An aircraft operator or a foreign aircraft operator shall, where the Authority provides reasonable notice, provide the Authority with a written or electronic record or other information relevant to the security of its operations, including —

(a) information concerning the method of implementing the security measures that apply to the aircraft operator under these Regulations; and

(b) a description of the nature of operations related to a particular flight and the services provided in respect of the flight.

PART V
REGULATED AGENT SECURITY

50. Acceptance of goods by a regulated agent

(1) In order to accept goods for transport on board a passenger aircraft, a regulated agent shall establish a known consignor programme.

(2) Prior to accepting goods for transport on board a passenger aircraft, a regulated agent shall —
1. (a) establish the identity of the known consignor programme;
1. (b) establish the credentials of the person who delivers the goods as an agent of the consignor;
1. (c) ensure on the basis of security screening that the goods do not contain a prohibited item;
1. (d) safeguard the goods from unauthorized interference after acceptance until tendered to an aircraft operator for transport by air;
1. (e) ensure the goods are received by staff who are properly recruited and trained by him or her;
1. (f) designate a person to implement and supervise the screening process;
1. (g) ensure that the following categories of goods are not carried by air unless subjected to screening —
  1. (i) unaccompanied baggage,
  1. (ii) goods from unknown consignors,
  1. (iii) goods for which the contents do not coincide with the description delivered; and
1. (h) ensure that each shipment of goods is accompanied by documentation stating that the goods were screened and do not contain a prohibited item in such shipment.

(3) An approved regulated agent who offers goods to an aircraft operator for transport by air shall produce and make available to the aircraft operator, and the Co-ordinator on demand, shipping documents, records of goods accepted and offered for air transport, employee training records and airway bills.

(4) In this regulation, “known consignor programme” means the security programme of a consignor who originates cargo or mail for his or her own account and whose procedures meet security rules and standards sufficient to allow the carriage of cargo or mail on an aircraft.

51. Receipt of goods by aircraft operator

(1) An aircraft operator receiving goods from a regulated agent for transport on an aircraft —
1. (a) may conduct screening of the shipment of goods; and
1. (b) shall ensure —
  1. (i) the safeguarding of the goods against unlawful interference from the time of acceptance of the goods until the goods are placed in the aircraft,
  1. (ii) that the shipment of goods are recorded, and
  1. (iii) that where the goods are received from an approved regulated agent, the goods are delivered by an authorized employee of the regulated agent.

(2) An aircraft operator shall not —
1. (a) accept goods for transport by aircraft unless the documentation for the goods is examined for inconsistencies and is accompanied by documentation stating that the goods screened do not contain a prohibited item;
1. (b) accept goods from a regulated agent for transport by aircraft unless initially and within the preceding 12 months prior to accepting the goods, the aircraft operator —
  1. (i) inspects the facility and security procedures of the regulated agent,
  1. (ii) issues a letter to the regulated agent accepting him or her as a regulated agent or renewing his or her acceptance as a regulated agent for the purpose of transporting the goods through the aircraft operator, and
  1. (iii) assures the security of the goods in accordance with the procedures approved by the aircraft operator;
1. (c) place goods that are unacceptable in an aircraft, except as provided in the Technical Instructions.

(3) An aircraft operator shall —
1. (a) require an approved regulated agent to comply with the Technical Instructions;
1. (b) submit to the Co-ordinator a report of an incident where an airway bill or equivalent document does not provide an accurate record of the goods being offered for air transport or where other anomalies, inconsistencies, or suspicious conditions exist relating to a particular shipment;
1. (c) maintain a current list of approved regulated agents which contains a record of the requirements carried out under subregulation (2)(a), (b) and (c) and make the list available to the Co-ordinator and the Authority on request;
1. (d) preserve a record of acceptance, checklists and inspections carried out under this Part for 1 year and make the records available to the Co-ordinator and the Authority on request.

52. Screening of goods offered for transport by air by regulated agent

(1) An aircraft operator may screen goods, a package or a container having goods offered for transport by air by a regulated agent.

(2) Where an inspection is conducted under subregulation (1), a regulated agent or a representative of the regulated agent may observe the inspection.

(3) In the absence of a regulated agent or a representative of a regulated agent, an aircraft operator may use such force as is necessary to access the contents of a package or a container containing goods offered for transport by air by such regulated agent, representative of a regulated agent or aircraft operator.

(4) Where an inspection is conducted by an aircraft operator under subregulation (1), the package, container or goods must remain in possession of the aircraft operator until after the inspection is complete.

(5) Where an inspection of goods under this regulation provides evidence of a breach of this Part, the national aircraft operator shall maintain possession of the goods offered for air transport by a regulated agent and the airway bill and inform the Co-ordinator in the prescribed form.

PART VI
CATERING OPERATOR SECURITY

53. Catering supplies and stores

(1) A catering operator, prior to accepting raw materials and equipment for preparation as catering supplies for transport by air, shall —
1. (a) establish and register the name and address of each supplier of the raw materials and equipment;
1. (b) establish the credentials of the person who delivers the raw materials and equipment as an agent of the supplier of the raw materials and equipment;
1. (c) ensure on the basis of security screening that the raw materials and equipment do not contain any prohibited item;
1. (d) safeguard the raw materials and equipment from unauthorized interference after acceptance;
1. (e) ensure the raw materials and equipment are received by staff who are properly recruited and trained; and
1. (f) designate a person to implement and supervise the screening process.

(2) A catering operator, before tendering catering supplies and stores to an aircraft operator for transport by air, shall ensure that —
1. (a) the catering supplies and stores are not tendered for transport by air unless subjected to screening; and
1. (b) each shipment of catering supplies and stores is accompanied by documents stating that the catering supplies and stores are screened and do not contain any prohibited item.

(3) An approved catering operator who offers catering supplies and stores to an aircraft operator for transport by air shall produce and make available to the aircraft operator, and the Co-ordinator on request —
1. (a) shipping documents;
1. (b) records of raw materials and equipment accepted;
1. (c) catering supplies and stores offered for air transport;
1. (d) employee training records; and
1. (e) any other accountable catering documents.

54. Responsibility of aircraft operator receiving goods from a catering operator

An aircraft operator accepting catering supplies and stores for transport by air —

(a) may conduct screening of the shipment of catering supplies and stores; and

(b) shall —
1. (i) ensure that the catering supplies and stores are secured and have not been tampered with prior to acceptance,
1. (ii) safeguard the catering supplies and stores against unlawful interference or unauthorized access until the catering supplies and stores are placed in the aircraft,
1. (iii) ensure that the shipment of catering supplies and stores is recorded, and
1. (iv) ensure that where the catering supplies and stores are received, the catering supplies and stores are delivered by an authorized employee of the catering operator,
1. (v) require and ensure that an approved catering operator complies with the Technical Instructions,
1. (vi) submit to the Co-ordinator —
  1. (A) a report of an incident where a catering or equivalent document did not provide an accurate record of the catering supplies and stores being offered for transport by air; or
  1. (B) a report of any anomaly, inconsistency or suspicious condition that exists in relation to a particular catering store or supply,
1. (vii) maintain a current list of approved catering operators that contains a record of the requirements carried out under paragraphs (a), (b) and (c) must be available to the Co-ordinator and the Authority on request,
1. (viii) preserve the record of acceptance checklists and inspections carried out under this Part for a period of 1 year and the record must be available to the Co-ordinator and the Authority on request;

(c) shall not —
1. (i) accept catering supplies and stores for transport by air unless the document for the catering supplies and stores is examined for inconsistency and is accompanied by a valid security declaration stating that the catering supplies and stores are screened by the catering operator and do not contain a prohibited item,
1. (ii) accept catering supplies and stores from a catering operator for transport by air unless initially and within the preceding 12 months prior to accepting the catering supplies and stores, the aircraft operator —
  1. (A) inspects the facility and security procedures of the catering operator;
  1. (B) issues a letter to the catering operator accepting him or her or renewing his acceptance as a catering operator for the purposes of the transport of catering supplies and stores through the aircraft operator; and
  1. (C) assures the security of the catering supplies and stores in accordance with the procedures approved by the aircraft operator,
1. (iii) except as provided in the Technical Instructions, place in an aircraft any catering supplies and stores that are unacceptable.

55. Screening catering supplies and stores offered for transport by air by a catering operator

(1) An aircraft operator may screen catering supplies and stores or any package, or container having catering supplies and stores offered for transport by air by an approved catering operator.

(2) Where screening is conducted under subregulation (1), the catering operator or a representative of the catering operator may observe the screening.

(3) In the absence of a catering operator or a representative of a catering operator, an aircraft operator may use such force as is necessary to access the contents of a package or container containing catering supplies and stores offered for transport by air by the catering operator or representative of a catering operator.

(4) Where screening is conducted by an aircraft operator under subregulation (3), the package, container or catering supplies and stores must remain in the possession of the aircraft operator until after the screening is complete.

(5) Where screening of catering supplies and stores under this regulation provides evidence of a breach of this Part, the aircraft operator shall maintain possession of the catering supplies and stores offered for air transport by a catering operator and inform the Co-ordinator in the prescribed form.

PART VII
SCREENING AND SECURITY CONTROLS

56. Civil aviation security instructor

(1) A person shall not engage in any programme of civil aviation security training on behalf of a holder of an approved civil aviation security programme unless that person is the holder of a valid aviation security instructor certificate issued under this regulation.

(2) A person who intends to engage in a programme of civil aviation security training on behalf of a holder of an approved civil aviation security programme may apply to the Authority for an aviation security instructor certificate.

(3) An aviation security instructor certificate must be —
1. (a) in the form as specified in the approved National Civil Aviation Security Training Programme; and
1. (b) subject to conditions and limitations as may be provided by the issuing authority.

57. Security screener certificate

(1) A person shall not perform screening operations or supervise a person performing screening operations pursuant to an approved civil aviation security programme unless that person is the holder of a security screener certificate issued by the holder of the approved security programme on behalf of the Authority.

(2) A security screener certificate must be issued subject to conditions as the Director General sees fit and remains in force for the period of 2 years.

(3) Notwithstanding subregulation (1), a person may perform screening operations during the on-the-job portion of training, provided that the person is closely supervised by the holder of a security screener certificate and does not make independent screening decisions.

(4) A person shall not perform a screening operation after failing an operational test related to that operation, until that person has completed the remedial training specified in the screening certification programme and has passed a retest related to that operation.

(5) A security screener certificate may be suspended or cancelled under Part 7 of the Act.

58. Security screener certificate programme

(1) The Director General shall develop and maintain a screener certification programme to ensure that persons carrying out screening operations receive training that is designed to ensure competence in —
1. (a) maintaining the integrity of a restricted area;
1. (b) using screening equipment;
1. (c) the methods and techniques to be used for screening persons, baggage and other goods; and
1. (d) dealing with weapons and prohibited items that are detected or surrendered.

(2) The Director General shall designate a suitably qualified person to conduct an examination or assessment as required in the screener certification programme.

(3) The screener certification programme must be set out in the Implementing Standards and must specify —
1. (a) the recruitment, selection and hiring criteria for a person selected to perform screening;
1. (b) the medical and physical requirements applicable to persons performing screening operations;
1. (c) the requirements for initial and recurrent screener training;
1. (d) the testing and evaluation methodology;
1. (e) the retention of employment records including training records, competency testing and performance appraisals; and
1. (f) the form of a security screener certificate.

(4) A security screener certificate programme may be suspended or cancelled under Part 7 of the Act.

59. Approval of training programme

(1) An applicant for an approval of a civil aviation security programme pursuant to Part II who intends to hire, contract or otherwise engage persons to perform screening operations shall submit a training programme to the Director General for approval.

(2) The Director General shall assess the training programme and if satisfied that the programme satisfies the requirements of the screener certification programme shall approve the training programme.

(3) A person shall be issued with a security screener certificate if he or she —
1. (a) completes an approved training programme;
1. (b) satisfies a test or an examination specified by the Director General;
1. (c) satisfies all applicable provisions of the screener certification programme and these Regulations; and
1. (d) who is not found to be a security risk based on the results of any background check.

60. Qualifications of civil security screening officer

(1) A holder of an approved security programme conducting operations in Saint Lucia shall not employ, contract or otherwise engage a person to perform screening functions unless that person is a citizen or lawful resident of Saint Lucia.

(2) A holder of an approved security programme aircraft who is an operator conducting operations in Saint Lucia shall not use a person to perform any required screening function, unless that person has —
1. (a) a combination of education and experience as specified by the Director General in the security screener certificate programme;
1. (b) the following basic aptitudes and physical abilities —
  1. (i) the ability to distinguish on the screening equipment the appropriate imaging standard specified in the Implementing Standards, including the perception of colours where displayed by the screening equipment system,
  1. (ii) the ability to distinguish each colour displayed on every type of screening equipment and explain what each colour signifies,
  1. (iii) the ability to hear and respond to the spoken voice and to audible alarms generated by screening equipment in an active checkpoint environment,
  1. (iv) the ability to efficiently and thoroughly manipulate and handle baggage, containers, and other objects subject to security processing, and
  1. (v) the ability to have sufficient dexterity and capability to conduct partial and full body searches or hand held metal detector searches in accordance with the guidelines set out in the Implementing Standards;
1. (c) the ability to read, write, and speak the English language efficiently —
  1. (i) to carry out written and oral instructions in the English language regarding the proper performance of screening duties,
  1. (ii) to read the English language identification media, credentials, airline tickets, and labels on items normally encountered in the screening process,
  1. (iii) to provide direction to and understand and answer questions from English-speaking persons undergoing screening, and
  1. (iv) to write incident reports and statements and log entries into security records in the English language.

61. Internal quality control of screening functions

(1) The holder of an approved security programme shall conduct an annual evaluation of each person assigned screening duties to determine whether that person —
1. (a) has not suffered a significant diminution of any physical ability required to perform a screening function since the last evaluation of his or her abilities;
1. (b) has a satisfactory record of performance and attention to duty;
1. (c) demonstrates the current knowledge and skills necessary to courteously, vigilantly, and effectively perform screening functions; and
1. (d) does not pose a risk to security as based on the results of a background check.

(2) A person who does not satisfy the requirements under subregulation (1) shall not perform screening functions.

(3) At locations outside the participating States where the aircraft operator has operational control over a screening function, the aircraft operator may use aviation security screeners who do not hold an aviation security certificate, provided that the persons performing screening on behalf of the aircraft operator meet the minimum standards for the certification of screeners specified by that State.

(4) An aircraft operator shall ensure, in locations outside the participating States, that at least one of his or her representatives who has the ability to efficiently read and speak the English language is present while the passengers of the aircraft operator are undergoing security processing.

62. Security control other than screening

(1) The holder of a security programme approved under these Regulations shall ensure that a person authorized to perform a security related function other than screening on his or her behalf has —
1. (a) knowledge of —
  1. (i) these Regulations and applicable security directives,
  1. (ii) elements of the approved security programme required for the performance of his or her functions; and
1. (b) received training according to the standards contained in the National Civil Aviation Security Training Programme.

(2) The requirements under subregulation (1), shall apply to all security-related functions performed for the holder of a security programme or whether by his or her employee or an employee of a contractor.

63. Use of X-ray system

(1) A holder of an approved security programme or person authorized to conduct screening on behalf of the holder of an approved security programme shall not use an X-ray system within Saint Lucia to inspect carry-on or hold baggage unless specifically authorized under an approved aircraft operator security programme or use such a system contrary to the approved civil aviation security programme.

(2) A holder of an approved civil aviation security programme may be authorized by the Co-ordinator to use an X-ray system for inspecting carry-on or checked baggage under an approved civil aviation security programme where —
1. (a) the X-ray system complies with the standards for an X-ray system designed primarily for the inspection of cargo, carry-on and hold baggage and meets the performance requirements set out in the Implementing Standards;
1. (b) a programme for initial and recurrent training of operators of the X-ray system is established, which includes training in radiation safety, the efficient use of an X-ray system and the identification of weapons and other dangerous articles; and
1. (c) the system meets the imaging requirements described in the approved aircraft operator security programme in accordance with the combined test requirements set out in the Implementing Standards.

(3) A holder of an approved security programme shall ensure that screening staff comply with the X-ray operator duty time limitations specified in the aircraft operator security programme.

64. Screening of diplomats and other privileged persons and the baggage of diplomats and other privileged persons

(1) Subject to the provisions of the Vienna Convention on Diplomatic Relations, diplomats and other privileged persons and the baggage of diplomats and other privileged persons, except for diplomatic bags, are subject to screening.

(2) Under normal conditions, a diplomatic bag bearing visible external insignia of a State must not be screened provided that the diplomatic bag is sealed and the individual transporting the pouch produces appropriate diplomatic identification and official authorization from the embassy, consulate, mission, international organization, or legation tendering the diplomatic bag for transport by air.

(3) Where there is a reasonable doubt as to the validity of a diplomatic bag, an aviation security officer or an security screening officer may, prior to the carriage of the diplomatic bag on board an aircraft, request to screen a diplomatic bag but the diplomatic bag may be withdrawn from the system without having been screened.

PART VIII
CONTINGENCY PLAN AND RESPONSE TO ACTS OF UNLAWFUL INTERFERENCE

65. Contingency plan by aerodrome operator

An aerodrome operator shall establish a contingency plan in accordance with the Implementing Standards to coordinate the response to threats or acts of unlawful interference occurring at an aerodrome or in its vicinity.

66. Contingency plan by aircraft operator

An aircraft operator shall establish a contingency plan in accordance with the Implementing Standards to coordinate the response to threats or acts of unlawful interference of an aircraft at an aerodrome or in flight.

67. Approval of contingency plan

(1) A contingency plan must be submitted to the Authority for approval.

(2) The Authority shall refer the draft contingency plan to the Co-ordinator for review prior to approval.

68. Test of contingency plan

(1) The Co-ordinator shall arrange for the test of a contingency plan to take place at regular intervals not exceeding 2 years.

(2) The test must be evaluated by the Authority who shall submit a written report to the Co-ordinator within 30 days after concluding the test.

69. Response to security incidents during screening

(1) A civil security screening officer shall immediately notify the appropriate aircraft operator or the aerodrome security manager if —
1. (a) a weapon, other than a firearm allowed under the powers of a police officer, escort officer or in flight security officer to carry a firearm while on duty as specified in these Regulations;
1. (b) an explosive substance, other than an authorized explosive substance or incendiary device allowed by the aerodrome operator and the aircraft operator,

is detected at a restricted area access point or any other part of an aerodrome where screening of persons, carry-on baggage or other things in the possession or control of a person, or a vehicle under the care and control of a person is conducted.

(2) A civil security screening officer shall immediately notify the appropriate aircraft operator, the aerodrome operator, the Police Force and the Co-ordinator when any of the following is detected in checked baggage —
1. (a) a loaded firearm;
1. (b) an explosive substance, other than ammunition; or
1. (c) an incendiary device.

(3) A person who is authorized to conduct screening activities shall immediately notify the appropriate aircraft operator, the aerodrome operator, the Police Force and the Co-ordinator of any other aviation security incident that involves a member of the Police Force at a restricted area access point or in any other part of an aerodrome where it conducts screening.

70. Record and report of security incident

(1) An aerodrome operator shall ensure that a record is kept of every security incident at an aerodrome.

(2) A record under subregulation (1), must —
1. (a) be kept for a minimum of 90 days;
1. (b) be made available to the Authority or the Co-ordinator on request;
1. (c) include —
  1. (i) the number and type of prohibited item, such as weapons and incendiary devices, discovered during any screening process, and the method of detection of each,
  1. (ii) the acts and attempted acts of air piracy,
  1. (iii) the real and simulated bombs found at the aerodrome,
  1. (iv) the actual bombings at the aerodrome, and
  1. (v) the detentions and arrests and the immediate disposition of each person detained or arrested.

(3) An aerodrome operator or aircraft operator shall immediately notify the Co-ordinator when the following incidents occur —
1. (a) the discovery, at the aerodrome, of a weapon, other than a weapon or a firearm allowed pursuant to the power of a police officer to carry a firearm while on duty;
1. (b) the discovery, at the aerodrome, of an explosive substance or an incendiary device, other than an explosive substance or incendiary allowed by the aerodrome operator or the air carrier;
1. (c) an explosion at the aerodrome, unless the explosion is known to be the result of an accident or an authorized excavation, demolition, or construction, or the authorized use of fireworks displays;
1. (d) a specific threat against the aerodrome;
1. (e) an aviation security incident that involves a member of the Police Force anywhere at the aerodrome;
1. (f) a hijacking or attempted hijacking of an aircraft or other act of unlawful interference;
1. (g) the discovery of a weapon on board an aircraft;
1. (h) the discovery of an explosive substance or an incendiary device on board an aircraft, except an authorized explosive substance or incendiary device that is allowed on board the aircraft by the aircraft operator;
1. (i) an explosion on an aircraft; or
1. (j) a specific threat against an aircraft, a flight, a facility or part of an aerodrome of which it becomes aware.

(4) An aircraft operator shall immediately notify the aerodrome operator when a weapon, other than a firearm allowed pursuant to the power of a police officer to carry a firearm, is detected in any part of the aerodrome under its control.

PART IX
MISCELLANEOUS

71. Security directives

(1) The Director General may issue security directives where necessary.

(2) An aerodrome operator, aircraft operator, a regulated agent and a catering operator shall comply with a security directive issued under subregulation (1) within the time specified in the directive.

72. Confidential security information

(1) Only persons who have a need to know confidential security information in order to carry out the functions of his or her employment may have access to confidential security information, and only to the extent necessary to carry out such functions.

(2) A person may not disclose confidential security information to another person who does not need to know the information.

(3) An aerodrome operator, aircraft operator, regulated agent and catering operator shall develop procedures, included in its civil aviation security programme, for the marking, handling and protection of confidential security information to safeguard such information from unauthorized disclosure.

(4) All employees, contractors, and agents of the aerodrome operator, aircraft operator, regulated agent, and catering operator must be trained in the procedures for marking, handling and protecting confidential security information.

73. Penalty

(1) A person shall not tamper or interfere with, compromise, modify or attempt to circumvent, or cause a person to tamper or interfere with, compromise, modify or attempt to circumvent any security system, measure, or procedure established under these Regulations.

(2) A person shall not interfere with an aviation security officer or security screening officer in the performance of their duties.

(3) A person shall not enter or be present in a restricted area, air operations area, or sterile area without complying with the systems, measures, or procedures being applied to control access to, or presence or movement in, such areas.

(4) A person who has been issued an identification medium issued by an aerodrome operator or other appropriate authority, which provides access to a restricted area or sterile area of an aerodrome, may use such identification medium for a purpose other than to carry out the duties of their employment for which the person was issued the identification medium.

(5) The holder of an approved civil aviation security programme who —
1. (a) wilfully or intentionally contravenes any of these Regulations;
1. (b) demonstrates an unwillingness or inability to adequately carry out the requirements of these Regulations; and
1. (c) whose continued operations are determined by the Authority as posing a threat to civil aviation security,

is subject to the suspension or revocation of his or her approved civil aviation security programme in accordance with Part 7 of the Act.

(6) A person who contravenes these Regulations commits an offence and is liable on summary conviction to a fine not exceeding five thousand dollars or to imprisonment for a term not exceeding 6 months.