Doc 9920CONVENTIONon Compensation for Damage to Third Parties,Resulting from Acts of Unlawful Interference Involving AircraftSigned at Montréal on 2 May 2009____________CONVENTIONrelative à la réparation des dommages causés aux tierssuite à des actes d’intervention illicite faisant intervenir des aéronefsSignée à Montréal le 2 mai 2009____________CONVENIOsobre indemnización por daños a tercerosresultantes de actos de interferencia ilícita que hayan involucrado a aeronavesFirmado en Montreal el 2 de mayo de 2009____________КОНВЕНЦИЯо возмещении ущерба третьим лицам, причиненного в результатеактов незаконного вмешательства с участием воздушных судовПодписана в Монреале 2 мая 2009 года____________关于因涉及航空器的非法干扰行为而导致对第三方造成损害的赔偿的公约2009 年 5 月 2 日签订于蒙特利尔____________‫ﺍﺘﻔﺎﻗﻴﺔ‬‫ﺍﻟﺘﻌﻭﻴﺽ ﻋﻥ ﺍﻟﻀﺭﺭ ﺍﻟﺫﻱ ﻴﻠﺤﻕ ﺒﺄﻁﺭﺍﻑ ﺜﺎﻟﺜﺔ‬‫ﻭﺍﻟﻨﺎﺘﺞ ﻋﻥ ﺃﻓﻌﺎل ﺍﻟﺘﺩﺨل ﻏﻴﺭ ﺍﻟﻤﺸﺭﻭﻉ ﺍﻟﺘﻲ ﺘﺸﻤل ﻁﺎﺌﺭﺍﺕ‬٢٠٠٩ ‫ﺍﻟﻤﻭﻗﻊ ﻋﻠﻴﻬﺎ ﻓﻲ ﻤﻭﻨﺘﺭﻴﺎل ﻓﻲ ٢ ﻤﺎﻴﻭ/ﺃﻴﺎﺭ‬2009INTERNATIONAL CIVIL AVIATION ORGANIZATIONORGANISATION DE L’AVIATION CIVILE INTERNATIONALEORGANIZACIÓN DE AVIACIÓN CIVIL INTERNACIONALМЕЖДУНАРОДНАЯ ОРГАНИЗАЦИЯ ГРАЖДАНСКОЙ АВИАЦИИ国际民用航空组织‫ﻣﻨﻈﻤﺔ اﻟﻄﯿﺮان اﻟﻤﺪﻧﻲ اﻟﺪوﻟﻲ‬Certified to be a true and complete copyCopie certifiée conformeEs copia fiel y auténticaКопия точная и полная经认证的真实和完整的副本‫ﺻﻮرة ﻣﻌﺘﻤﺪة ﻃﺒﻖ اﻷﺻﻞ‬Director, Legal Affairs and External Relations BureauDirecteur des affaires juridiques et des relations extérieuresDirector de Asuntos jurídicos y Relaciones exterioresДиректор Управления по правовым вопросам и внешним сношениям法律事务和对外关系局局长‫ﻤﺩﻴﺭ ﺇﺩﺍﺭﺓ ﺍﻟﺸﺅﻭﻥ ﺍﻟﻘﺎﻨﻭﻨﻴﺔ ﻭﺍﻟﻌﻼﻗﺎﺕ ﺍﻟﺨﺎﺭﺠﻴﺔ‬ICAO OACI ИКАО 国际民航组织 ‫اﻻﯾﻜﺎو‬CONVENTIONon Compensation for Damage to Third Parties,Resulting from Acts of Unlawful Interference Involving AircraftSigned at Montréal on 2 May 2009Published by ICAO under the authority of the Secretary General of theINTERNATIONAL CIVIL AVIATION ORGANIZATION999 University Street, Montréal, Quebec, Canada H3C 5H7For ordering information and for a complete listing of sales agentsand booksellers, please go to the ICAO website at www.icao.intDoc 9920, Convention on Compensation for Damage to Third Parties,Resulting from Acts of Unlawful Interference Involving AircraftOrder Number: 9920ISBN 978-92-9231-367-8© ICAO 2009All rights reserved. No part of this publication may be reproduced, stored in aretrieval system or transmitted in any form or by any means, without priorpermission in writing from the International Civil Aviation Organization.CONVENTIONON COMPENSATION FOR DAMAGETO THIRD PARTIES, RESULTING FROM ACTS OFUNLAWFUL INTERFERENCE INVOLVING AIRCRAFTTHE STATES PARTIES TO THIS CONVENTION,RECOGNIZING the serious consequences of acts of unlawful interference with aircraft which causedamage to third parties and to property;RECOGNIZING that there are currently no harmonized rules relating to such consequences;RECOGNIZING the importance of ensuring protection of the interests of third-party victims and theneed for equitable compensation, as well as the need to protect the aviation industry from theconsequences of damage caused by unlawful interference with aircraft;CONSIDERING the need for a coordinated and concerted approach to providing compensation tothird-party victims, based on cooperation between all affected parties;REAFFIRMING the desirability of the orderly development of international air transport operationsand the smooth flow of passengers, baggage and cargo in accordance with the principles andobjectives of the Convention on International Civil Aviation, done at Chicago on 7 December1944; andCONVINCED that collective State action for harmonization and codification of certain rules governingcompensation for the consequences of an event of unlawful interference with aircraft in flightthrough a new Convention is the most desirable and effective means of achieving an equitablebalance of interests;HAVE AGREED AS FOLLOWS:Chapter IPrinciplesArticle 1 — DefinitionsFor the purposes of this Convention:(a)an “act of unlawful interference” means an act which is defined as an offence in theConvention for the Suppression of Unlawful Seizure of Aircraft, Signed at The Hague on16 December 1970, or the Convention for the Suppression of Unlawful Acts Against theSafety of Civil Aviation, Signed at Montréal on 23 September 1971, and any amendmentin force at the time of the event;(b)an “event” occurs when damage results from an act of unlawful interference involving anaircraft in flight;(c)an aircraft is considered to be “in flight” at any time from the moment when all itsexternal doors are closed following embarkation or loading until the moment when anysuch door is opened for disembarkation or unloading;(d)“international flight” means any flight whose place of departure and whose intendeddestination are situated within the territories of two States, whether or not there is a breakin the flight, or within the territory of one State if there is an intended stopping place inthe territory of another State;(e)“maximum mass” means the maximum certificated take-off mass of the aircraft,excluding the effect of lifting gas when used;(f)“operator” means the person who makes use of the aircraft, provided that if control of thenavigation of the aircraft is retained by the person from whom the right to make use ofthe aircraft is derived, whether directly or indirectly, that person shall be considered theoperator. A person shall be considered to be making use of an aircraft when he or she isusing it personally or when his or her servants or agents are using the aircraft in thecourse of their employment, whether or not within the scope of their authority. Theoperator shall not lose its status as operator by virtue of the fact that another personcommits an act of unlawful interference;(g)“person” means any natural or legal person, including a State;(h)“senior management” means members of an operator’s supervisory board, members of itsboard of directors, or other senior officers of the operator who have the authority to makeand have significant roles in making binding decisions about how the whole of or asubstantial part of the operator’s activities are to be managed or organized;(i)“State Party” means a State for which this Convention is in force; and(j)“third party” means a person other than the operator, passenger or consignor or consigneeof cargo.Article 2 — Scope1.This Convention applies to damage to third parties which occurs in the territory of a StateParty caused by an aircraft in flight on an international flight, as a result of an act of unlawfulinterference. This Convention shall also apply to such damage that occurs in a State non-Party asprovided for in Article 28.2.If a State Party so declares to the Depositary, this Convention shall also apply to damage tothird parties that occurs in the territory of that State Party which is caused by an aircraft in flight otherthan on an international flight, as a result of an act of unlawful interference.3.For the purposes of this Convention:(a)damage to a ship in or an aircraft above the High Seas or the Exclusive Economic Zoneshall be regarded as damage occurring in the territory of the State in which it isregistered; however, if the operator of the aircraft has its principal place of business in theterritory of a State other than the State of Registry, the damage to the aircraft shall beregarded as having occurred in the territory of the State in which it has its principal placeof business; and(b)damage to a drilling platform or other installation permanently fixed to the soil in theExclusive Economic Zone or the Continental Shelf shall be regarded as having occurredin the territory of the State Party which has jurisdiction over such platform or installationin accordance with international law, including the United Nations Convention on theLaw of the Sea, done at Montego Bay on 10 December 1982.4.This Convention shall not apply to damage caused by State aircraft. Aircraft used in military,customs and police services shall be deemed to be State aircraft.Chapter IILiability of the operator and related issuesArticle 3 — Liability of the operator1.The operator shall be liable to compensate for damage within the scope of this Conventionupon condition only that the damage was caused by an aircraft in flight.2.There shall be no right to compensation under this Convention if the damage is not a directconsequence of the event giving rise thereto.3.Damages due to death, bodily injury and mental injury shall be compensable. Damages due tomental injury shall be compensable only if caused by a recognizable psychiatric illness resulting eitherfrom bodily injury or from direct exposure to the likelihood of imminent death or bodily injury.4.Damage to property shall be compensable.5.Environmental damage shall be compensable, in so far as such compensation is provided forunder the law of the State in the territory of which the damage occurred.6.No liability shall arise under this Convention for damage caused by a nuclear incident asdefined in the Paris Convention on Third Party Liability in the Field of Nuclear Energy (29 July 1960)