[DEBATE] : AVIATION SAFETY? NOT WHEN IT’S A QUESTION OF SERVING U.S. FOREIGN POLICY, SAYS IRAN

[Riaz K. Tayob]

AVIATION SAFETY? NOT WHEN IT’S A QUESTION OF SERVING U.S. FOREIGN 
POLICY, SAYS IRAN

Iran has challenged the International Civil Aviation Organization (ICAO) 
to enforce the letter of its legally binding Chicago Convention and 
deliver on its claimed focus on aviation safety by pressuring the United 
States to lift the sanctions on supply of spare parts and equipment to 
Iran’s civil aviation industry.

For the second year running, Iran called on the ICAO General Assembly to 
“act appropriately” to help rescind those aspects of the US sanctions 
that apply to civil aviation. It strongly implies that aviation safety 
of secondary importance to ICAO if weighed against serving the interests 
of US foreign policy.

In a working paper presented to the 36th ICAO General Assembly which 
concluded in Montreal last week, Iran said that both it and the United 
States are signatories of the Chicago Convention. “The sanctions against 
the Islamic Republic of Iran, to the extent they bar the acquisition of 
parts and support essential for aviation safety, does not conform with 
both the letter and spirit of the (ICAO) Chicago Convention to which the 
United States is not only a member, but also is one of its principal 
architects.”

It added, “Acts of Member States, which are inconsistent with the 
provisions and goals of the Convention, must not be tolerated or 
excused. The Iran Sanctions Regulations of the United States, to the 
extent they adversely affect safety in civil aviation, must be rescinded 
and the 36th Assembly should act appropriately to affect such rescission 
(sic).”

“Whatever political differences exist between States that are parties to 
the Chicago Convention, civil aviation cannot, consistent with their 
Treaty obligations, be used by member States as an instrument for 
foreign policy. The sanctions, to the extent that they endanger the 
safety of civil aviation in Iran and in other States that Iranian 
airlines serve, undermine the mandate that the Member States have 
delegated to ICAO to ensure the safety of civil aviation worldwide.”

The working paper notes that a similar effort was made at last year’s 
Assembly but to date, “no considerable developments made through the 
good offices of the President of the Council in spite of the attempts 
that have been made.”

Under the sanctions, manufacturers or other United States firms cannot 
sell and export aircraft, engines and spare parts, CNS and security 
equipment, etc., to Iranian air carriers or Iranian companies or 
government agencies, whether the equipment is new or used. Nor can firms 
in Europe, the Middle East and other countries worldwide re-sell 
(re-export) most United States-origin equipment to Iranian air carriers, 
even if they owned the equipment for years. Firms in the United States 
cannot sell parts to firms in Europe if they know that those parts will 
be resold to Iranian air carriers. Firms (including airlines in Europe), 
which provide maintenance for Iranian air carriers cannot provide such 
maintenance if it involves the installation or replacement of United 
States parts.

The working paper notes that ICAO conducted its own independent 
investigation into Iran’s claim, and issued a report on 9 May 2005, 
stating that, “in fact, the United States sanctions had endangered the 
safety of civil aviation in Iran, and it is contrary to the provisions, 
aims and objectives of the Chicago Convention.”

“The findings of ICAO should be upsetting to anyone, who is committed to 
the safety of civil aviation and the safety of air transport,” according 
to the Iranians. “The instance where safety has been put at risk because 
of the sanctions is well documented by the ICAO report.”

The Iranians noted one of the ICAO report’s clear recommendations that 
“the United States should recommit to the Chicago Convention and advise 
ICAO through their Representative in Montréal ICAO Headquarters that 
they will uphold the terms and conditions of the Convention”.

The working paper notes that under the terms of the Chicago Convention, 
“ICAO and its Member States are contractually bound to the promotion, 
advancement and achievement of the highest standards of aviation safety 
possible.” Hence, it adds, “Acts of Member States, which are 
inconsistent with the provisions and goals of the Convention, must not 
be tolerated or excused.”

At the same time, the working paper refers to the terminology of the US’ 
Iranian sanctions regulations which clearly declare that “these 
sanctions were (and continue to be) imposed by United States for foreign 
policy reasons.” It also notes that the “Recommendations of ICAO, while 
positive and welcome, leave civil aviation safety to the discretion and 
the whim of the Office of Foreign Asset Control (OFAC) of the United 
States and their misconstruction of the sanctions’ regulations.”

Says the working paper, “The 36th Assembly is expected to take the lead 
to bring international public pressure on the United States, as a Member 
State to ICAO, to lift the sanctions as they are applied to aircraft 
equipment, spare parts, CNS equipment and technical supports. Aviation 
safety, as it affects human life and human rights, stands above 
political differences, which is as it should be, and is the bedrock 
principle of the Chicago Convention carved into Articles 4 and 44.”

786/110

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