export procedure of the country, together with tools, spare parts, and equipment which may have been brought in for search, rescue, investigation, repair, or salvage purposes. Damaged aircraft or parts thereof, and any stores or cargo contained therein, together with any aircraft, special tools, spare parts, or equipment brought in for temporary use in search, rescue, investigation, repair, or salvage, which are not re-exported shall be subject to usual customs requirements as to payment of duty or taxes or disposal.

24. Nothing in this Annex shall be construed as preventing any contracting State from establishing a customs free airport.

APPENDIX 1 TO ANNEX K

NOTE: The manifest should not bear on it erasures or corrections except those approved by the proper customs officials, nor contain interlineations or several articles entered on the same line. As many extra sheets may be added as are necessary.

The Commanding Officer guarantees the accuracy of the contents of this manifest under penalties provided by law. Consequently he has dated and signed this document immediately below the last entry.

All air consignment notes/air waybills shall be attached hereto, and the numbers thereof shall be endorsed hereon

Coinmanding officer

*If the air navigation company consolidates a shipment with other shipments, or encloses the goods iL other wrappers or containers, either separately or with other goods, the changes in packing and/or marks and numbers must be clearly stated in the air consignment note/air waybill.

ANNEX L

SEARCH AND RESCUE, AND INVESTIGATION OF ACCIDENTS

SEARCH AND RESCUE

In the event of a foreign aircraft registered with one of the signatories to the Convention being authoritatively reported lost in the territory, including territorial waters, of another signatory to the Convention, the State in which it is reported lost shall forthwith initiate action for the search of the missing aircraft and the rescue of the personnel involved. The State in which the aircraft is lost shall also permit any of the other signatories to participate in the search for the aircraft provided that the search does not extend over a prohibited area, in which case the State in which the accident occurs may reserve the right to prohibit search by a foreign State, but shall itself make provision for carrying out the search.1 Search and Rescue Posts 2 shall be established by the Regional Councils, or such body as may be designated, at places to be determined by them in areas not otherwise served, particularly in areas difficult of access. In case of doubt, such as search over large uninhabited areas or on the high seas, the appropriate body shall designate the State or States to be responsible therefor. The appropriate body shall be empowered to distribute the cost among the interested States upon an equitable basis. Upon finding an aircraft which has been involved in an accident, the State in which the accident occurs shall take all necessary steps for the safety of life of the personnel involved and to establish adequate protection of the aircraft from disturbance or pilfering, and take such other steps as are feasible and necessary to preserve the evidence in order to facilitate the work of investigation.

3

INVESTIGATION

In the event of an accident involving an aircraft, it shall be the responsibility of the State in which the accident occurs to carry out

1 In the case of aircraft lost within the territory of a non-signatory, the responsibility for search, rescue and salvage should be a matter of prearrangement between the State of registration and the non-signatory.

2 Search and rescue posts are visualized as organizations which would presumably have such facilities as specially equipped aircraft, air-sea rescue equipment, medical aid, and adequate communication systems.

3 By "areas difficult of access" is meant critical sections where search for wreckage and rescue of personnel present special difficulties due to the nature of the land and/or water flown over or the scarcity of inhabited localities.

4 Precisely how the cost of search, rescue, investigation and salvage should be met, involves consideration of: (a) compulsory insurance or other instruments to establish financial responsibility, (b) apportionment of costs among the States commercially interested, (c) assessment of the cost in whole or in part against the State of registration. It would impose an unfair burden upon the State in which an accident occurs to expect it to bear the entire cost of any of these functions.

5

the investigation. In case of death or serious injury or if, after consideration of a preliminary report by a professional investigator dispatched to the scene for this purpose by the State in which the accident occurs, it appears that it is a case involving serious defect in technical equipment, personnel or organization, a Commission of Inquiry or other appropriate body may be set up by the State in which the accident occurs, or shall be set up upon the request of the State of registration. Such a commission or investigating body shall be capable of dealing adequately with the investigation of the accident with due regard to technical requirements. For the purpose of this Annex, the chief function of the investigating body shall be to ascertain all the facts surrounding the accident and to submit a report thereon, together with findings and recommendations where appropriate. The State of registration shall be entitled to appoint an accredited representative' with the privilege of participating in any such investigation, questioning witnesses and examining evidence. The proceedings of the investigating body shall be conducted in public if so requested by the State of registration, and if the existing judicial procedures or regulations of the State of investigation do not prohibit. Such an investigating body, where the judicial procedure of the country concerned permits, shall be empowered to subpoena witnesses and to take evidence upon oath. The investigating body should, in making its findings, base such findings upon:

(1) The best evidence available,

(2) Material and not hearsay evidence, and

(3) A clear differentiation between material and expert witnesses. The proceedings in full, together with reports, findings and recommendations, shall be submitted with the least possible delay to the Regional Council or other appropriate body and to the government of the country in which the aircraft is registered. The findings of the investigating body shall be released to the public at a time agreed to by both countries. The full report of the investigating body may be released to the public if it is considered that such action is in the public interest. When the requirements of the investigation are met, the State of investigation shall release the damaged aircraft to the State of registration. Upon the request of either State, the investigating body may reopen the proceedings in connection with the investigation of an accident upon the availability of new and material evidence.

The investigation of accidents occurring outside the territory of any of the signatories shall be the responsibility of the State of registration.10

In case of accidents occurring inside the territory of a non-signatory, the investigation or arrangement for investigation shall be the responsibility of the State of registration.

6 The title "Commission of Inquiry" was adopted in lieu of the previously suggested "Court of Inquiry" in order to make clear that it was in no sense to be confused with a court of law.

7 There is no intention of limiting the number of personnel from the State of registration but only one of such may claim the specified privileges.

8 This provision touches upon broad issues of high public policy in several of the States concerned and will require careful consideration by them before such a policy can be accepted.

No State would be justified in withholding publication indefinitely. 10 See footnote 5.

SALVAGE

Should it become necessary, in the public interest, for the State in which the accident occurs to remove or store a damaged aircraft, for reasons not connected with the official investigation as to the cause of the accident," the cost of such removal or storage shall be a legitimate charge against the owner of the aircraft or the State in which it is registered.12

TEMPORARY ENTRY OF PERSONNEL FOR THE PURPOSE OF SEARCH, RESCUE, INVESTIGATION, REPAIR OR SALVAGE

Each signatory agrees to take the necessary steps to facilitate the temporary entry into its territory, not including prohibited areas, of qualified personnel properly accredited by the State of registration required for the search, rescue, investigation, repair or salvage in connection with a lost or damaged aircraft.13

11 See footnote 4. 12 See footnote 1. 13 See footnote_8.