Subpart D

Threat and Threat Response

 

108.301  Contingency plan

Each aircraft operator shall adopt a contingency plan and make resources available to safeguard civil aviation, against acts of unlawful interference and shall:

(a) Implement its contingency plan when directed by the ECAA.

(b) Ensure that all information contained in the plan is updated annually and that appropriate persons are notified of any changes.

(c) Participate in an airport operator-sponsored exercise of the airport contingency plan or its equivalent, as provided in its security program.

(d) Practice and exercise the contingency plan on a regular basis.

 

108.303  Prevention and management of unlawful seizure (air piracy), bomp threats and sabotage attempts

In the event of an incident, ECAA shall be notified with all information about it and how it’s managed, and the certificate holder shall comply with all the ECAA directions concerning the incident.

 

(a) Flight: Notification. Upon receipt of a specific and credible threat to the security of a flight, the aircraft operator shall:

(1) Immediately notify the ground and in-flight security managers of the threat, any evaluation thereof, and any measures to be applied;

(2) Ensure that the in-flight security manager notifies all crewmembers of the threat, any evaluation thereof, and any measures to be applied; and

(3) Immediately notify the appropriate airport operator.

(b) Flight: Inspection. Upon receipt of a specific and credible threat to the security of a flight, each aircraft operator shall attempt to determine whether or not any explosive or incendiary is present by doing the following:

(1) Conduct a security inspection on the ground before the next flight or, if the aircraft is in flight, immediately after its next landing;

(2) If the aircraft is on the ground, immediately deplane all passengers and submit that aircraft to a security search; and

(3) If the aircraft is in flight, immediately advise the pilot in command of all pertinent information available so that necessary emergency action can be taken.

(c) Ground Facility. Upon receipt of a specific and credible threat to a specific ground facility at the airport, the aircraft operator shall:

(1) Immediately notify the appropriate airport operator;

(2) Inform all other aircraft operators and foreign air carriers at the threatened facility; and

(3) Conduct a security inspection.

(d)  Notification. Upon receipt of any bomb threat against the security of a flight or facility, or upon receiving information that an act or suspected act of air piracy has been committed, the aircraft operator also shall notify the ECAA. If the aircraft is in airspace under other than Egypt jurisdiction, the aircraft operator shall also notify the appropriate authorities of the the State in whose territory the aircraft is located and, if the aircraft is in flight, the appropriate authorities of the State in whose territory the aircraft is to land. Notification of the appropriate air traffic controlling authority is sufficient action to meet this requirement.

(e)  Each certificate holder shall take measures in respect of flights under an increased threat to ensure that disembarking passengers do not leave items on board the aircraft at transit stops on its airports

(f)   Each certificate holder shall take adequate measures to ensure that during flight unauthorized persons are prevented from entering the flight crew compartment.

(g)  Each certificate holder shall establish measures to ensure that catering supplies and operators’ stores and supplies intended for carriage on passenger flights are subjected to appropriate security controls.

(h)  Each certificate holder shall include in their security programmes, measures and procedures to ensure safety onboard their aircraft when passengers are to be carried who are obliged to travel because they have been the subject of judicial or administrative proceedings.

(i)   Each operator should promote research and development of new security equipment, which will better achieve civil aviation security objectives. The equipment specifications, training programmes and all details about them must be provided to the ECAA prior using it.

(j)   Each certificate holder should ensure that the development of new security equipment takes into consideration Human Factors principles.

(k)  Each certificate holder shall ensure that aircraft security checks of originating aircraft assigned to international flights are performed.

(l)   Each certificate holder shall ensure that there is no possibility of mixing or contact between passengers subjected to security control and other persons not subjected to such control after the security screening points at airports serving international civil aviation have been passed; if mixing or contact does take place, the passengers concerned and their cabin baggage shall be re-screened before boarding an aircraft.

(m) Each certificate holder concerned with an act of unlawful interference shall re-evaluate security controls and procedures and take action necessary to remedy weaknesses so as to prevent recurrence. These actions shall be notified to ECAA.

(n)  Each commercial aircraft shall carry a checklist of the procedures to be followed for that type in searching for weapons, explosives and other dangerous devices.

(o)  Each certificate holder that provids service from the State and particpates in code-sharing or other collaborative arrangements with other international operators shall notify the ECAA of the nature of these arrangements, including the identity of the other operators

(p)  Each certificate holder responsible for providing air traffic services for an aircraft which is the subject of an act of unlawful interference shall collect all pertinent information on the flight of that aircraft and transmit that information to ECAA which is responsible for transmitting it to all other States responsible for the Air Traffic Services units concerned, including those at the airport of known or presumed destination, so that timely and appropriate safeguarding action may be taken en route and at the aircraft’s known, likely or possible destination.

(q)  An aircraft which is being subjected to unlawful interference shall endeavor to notify the appropriate ATS unit of this fact, any significant circumstances associated therewith and any deviation from thecurrent flight plan necessitated by the circumstances, in order to enable the ATS unit to give periority to the aircraft and to minimize conflict with other aircraft.

(r)  Intesception of civil aircraft shall be governed by appropriate regulations and administrative directives issued by the State.

(s)  If an emergency situation which endangers the safety of the aeroplane or persons necessitates the taking of action which involves a violation of local regulations or procedures, the pilot-in-command shall notify the appropriate local authority without delay. If required by the State in which the incident occurs, the pilot-in-command shall submit a report on any such violation to the appropriate authority of such State; in the event, the pilot –in-command shall also submit a copy of it to the State of the Operator. Such reports shall be submitted as soon as possible and normally within ten days.

(t)   Aeroplane search procedure checklist: An operator shall insure that there is onboard a checklist of the procedures to be followed in searching for a bomp in case of suspected sabotage and for inspecting aeroplanes for concealed weapons, explosives or other dangerous devices when a well-founded suspicionexists that the aeroplane may be the object of an act of unlawful interference. The checklist shall be supported by guidance on the appropriate course of action to be taken should a bomp or suspicious object be found and information on the least-risk bomb location specific to the aeroplane.

 

108.305  Security directives and information circulars

(a) The ECAA may issue an Information Circular to notify aircraft operators of security concerns. When the ECAA determines that additional security measures are necessary to respond to a threat assessment or to a specific threat against civil aviation, the ECAA issues a Security Directive setting forth mandatory measures.

(b)Each aircraft operator required to have an approved aircraft operator security program shall comply with each Security Directive issued to the aircraft operator by the ECAA, within the time prescribed in the Security Directive for compliance.

(c) Each aircraft operator that receives a Security Directive shall:

(1) Within the time prescribed in the Security Directive, verbally acknowledge receipt of the Security Directive to the ECAA; and

(2) Within the time prescribed in the Security Directive, specify the method by which the measures in the Security Directive have been implemented (or will be implemented, if the Security Directive is not yet effective).

(d)In the event that the aircraft operator is unable to implement the measures in the Security Directive, the aircraft operator shall submit proposed alternative measures and the basis for submitting the alternative measures to the ECAA for approval. The aircraft operator shall submit the proposed alternative measures within the time prescribed in the Security Directive. The aircraft operator shall implement any alternative measures approved by the ECAA.

(e) Each aircraft operator that receives a Security Directive may comment on the Security Directive by submitting data, views, or arguments in writing to the ECAA. The ECAA may amend the Security Directive based on comments received. Submission of a comment does not delay the effective date of the Security Directive.

(f)  Each aircraft operator that receives a Security Directive or Information Circular and each person who receives information from a Security Directive or Information Circular shall:

(1) Restrict the availability of the Security Directive or Information Circular, and information contained in either document, to those persons with an operational need-to-know; and

(2) Refuse to release the Security Directive or Information Circular, and information contained in either document, to persons other than those with an operational need-to-know without the prior written consent of the ECAA.