Air Navigation (Regulated Air Cargo Agents and Known Consignors) Regulations 2017

register the applicant as a RACA or KC (as the case may be), with or without such conditions as the NCASA considers requisite or expedient having regard to the purposes of these Regulations and Part IIB of the Act; or

refuse to register the applicant as a RACA or KC, as the case may be.

renew the registration with or without adding to, deleting from or varying conditions of the registration; or

refuse to renew the registration.

the application is approved or refused; or

the provisional registration is cancelled.

the provisionally registered person fails to comply with any of the conditions of the provisional registration; or

the NCASA becomes aware of any fact which establishes to its satisfaction that the provisionally registered person is not a fit and proper person to hold provisional registration.

stating that the NCASA proposes to make the modification in the manner as specified in the notice; and (b)specifying the time (being not less than 14 days after the date of service of the notice on the RAIP) within which the RAIP may make written representations to the NCASA with respect to the proposed modification.

reject the representation;

amend the proposed modification in such manner as the NCASA thinks fit having regard to the representation; or

withdraw the proposed modification.

the NCASA rejects any written representation under paragraph (3)(a);

the NCASA amends any proposed modification to the conditions of the registration under paragraph (3)(b); or

no written representation is received by the NCASA within the time specified in paragraph (2)(b), or any written representation made under that paragraph is subsequently withdrawn, and the RAIP concerned has not given immediate effect to the modification,the NCASA must issue a direction in writing to the RAIP in question requiring the RAIP, within the time specified by the NCASA, to give effect to the modification to the conditions of registration as specified in the notice under paragraph (2) or as amended by the NCASA, as the case may be.

an RAIP is contravening or has contravened, or is not complying or has failed to comply with —

any condition of its registration; or

any provision of the Act applicable to the RAIP, whether or not the RAIP has been convicted of an offence for the contravention or non‑compliance;

the RAIP is in or is likely to go into compulsory or voluntary liquidation other than for the purpose of amalgamation or reconstruction, or the RAIP is declared bankrupt;

the RAIP has ceased to carry on the business of an air cargo agent in Singapore;

the registration had been obtained by fraud or misrepresentation; or

the public interest or national security of Singapore requires,the NCASA may take any regulatory action described in paragraph (2) without compensating the RAIP concerned.

to cancel the RAIP’s registration; or

in lieu of cancelling registration, to suspend (for not more than 6 months) the RAIP’s registration.

stating that the NCASA intends to take regulatory action against the RAIP under this regulation;

specifying the type of action the NCASA proposes to take, and each instance of non‑compliance that is the subject of the action; and

specifying the time (being not less than 21 days after the date of service of notice on the RAIP) within which the RAIP may make written representations to the NCASA with respect to the proposed regulatory action.

after considering any written representation made in accordance with paragraph (3); or

after the time delimited under paragraph (3)(c) lapses if no representation is so made,decide to take the appropriate regulatory action against the RAIP as specified in paragraph (2).

from that date in that notice, being at least 21 days after the notice is served on the RAIP concerned; or

if an appeal is made under paragraph (9) against the decision in the notice, from the day the appeal is dismissed or earlier withdrawn.

by any person of any right or claim against the RAIP or former RAIP; or

by the RAIP or former RAIP of any right or claim against any person.

a list of all RACA whose registrations are in force, called the List of Regulated Air Cargo Agents; (b)a list of all KC whose registrations are in force, and all persons who are provisionally registered under regulation 7A, called the List of Known Consignors, and publish the lists in such manner as the NCASA considers appropriate.

remove the name of that RACA or former RACA from the List of Regulated Air Cargo Agents; and (b)remove the name of that KC or former KC from the List of Known Consignors.

restore to the List of Regulated Air Cargo Agents the name of the RACA concerned and return to the RACA any certificate of registration surrendered under regulation 11; and (b)restore to the List of Known Consignors the name of the KC concerned and return to the KC any certificate of registration surrendered under regulation 11.

where the provisional certificate of registration is cancelled under regulation 7B, within 14 days after the cancellation takes effect;

where the application for registration is approved under regulation 6(1)(a) —

if an individual, on behalf of the provisionally registered person, collects the certificate of registration mentioned in regulation 6(2) in person, upon receiving the certificate of registration; or

in any other case, within 14 days after receiving the certificate of registration mentioned in regulation 6(2); or

where the application for registration is refused under regulation 6(1)(b), within 14 days after receiving notice of the refusal.

for a period of one year starting on the date the cancellation takes effect, where a registration is cancelled under regulation 9; (b)for a period of one year starting on the date the cancellation takes effect, where a provisional registration is cancelled under regulation 7B; (c)for a period of one year starting on the date of the notice of the refusal, where the application for registration is refused under regulation 6(1)(b); or

for a period of one year starting on the date of the notice of the refusal, where the application for renewal is refused under regulation 7(2)(b).

sets out the measures and procedures to be used to examine, handle, store and transport cargo in a secure manner, and make arrangements for the secure movement of cargo; and

contains —

details of all sites covered by the RACASP and operated by or on behalf of the RACA;

details of all facilities covered by the RACASP and operated by or on behalf of the RACA;

the name of each such site or facility and its location; and

details of security procedures at each such site or facility outside its normal hours of operation.

to all cargo in the RACA’s possession or under the RACA’s control; and

at each site or facility covered by the RACASP.

set out the methods, techniques and equipment to be used for the examination of cargo;

set out the measures and procedures to ensure the security of cargo at all times, including —

the methods to be used to prevent unauthorised persons from having access to cargo from the time the RACA takes possession or control of the cargo until the time the RACA passes possession or control of the cargo to another aviation industry participant;

measures to prevent unauthorised disclosure of information regarding security measures to be applied to cargo;

measures to prevent aircraft operator and flight information from being revealed, before possession or control of the cargo passes to the RACA, to those without a need to know; and

details of persons who may be given such information (such as every third-party service provider) and how the information is to be given to such persons;

set out the measures and procedures to handle and treat suspect cargo;

set out, in relation to the unauthorised carriage, as cargo, of explosives that could facilitate an act of unlawful interference with aviation, the measures, equipment and procedures to deter and detect such unauthorised carriage, including procedures that will have effect during such equipment failure or unserviceability;

set out the procedures for managing security at each of the RACA’s facilities, including —

organisational structures and security management arrangements;

the roles and responsibilities of security contact officers, security staff and contractors; and

the roles and responsibilities of other staff assigned security duties and responsibilities;

set out, as appropriate to the operations at each of the RACA’s sites, security measures and procedures to be used within the site, including measures and procedures, so as to control access to sites and maintain the integrity of access control systems and to deter and detect unauthorised access into the airside area by people, aircraft, vehicles or things;

set out the measures and procedures for the keeping of accurate records of cargo in the RACA’s possession or under the RACA’s control and the security measures adopted in relation to such cargo;

set out the measures to ensure that the RACASP and other security information are protected against unauthorised access, amendment and disclosure;

set out quality control procedures, including details of how audits are scheduled, the procedures for carrying out an audit, the procedures for reviewing the RACASP and a description of the circumstances that will require a review of the RACASP;

for the purpose of coordinating security-related activities, set out a mechanism for consultation within the RACA’s organisation and within each site covered by the RACASP, between the RACA and relevant third‑party service providers, and between the RACA and the operator of any airport at which the RACA has a facility covered under the RACASP; and

be accompanied by a document that sets out additional security measures and procedures available in the event of a heightened security alert, including —

procedures for responding to and investigating aviation security incidents, including threats and breaches of security;

procedures for responding to any security directions given by the NCASA under the Act; and

procedures for evacuation and emergency management in case of a serious aviation security incident, security threat or breach of security (such as a bomb threat).

review and alter the RACA’s RACASP to incorporate such new security measures and procedures into the RACASP as the NCASA deems fit; and

implement such new security measures and procedures in the RACASP by such date as may be specified by the NCASA,and the RACA must comply with that requirement.

approve the RACA’s application, with or without conditions, including requiring the RACA to implement such security measures and procedures at the site or facility as the NCASA may specify; or

reject the RACA’s application.

sets out the measures and procedures to be used to manufacture, pack, store and transport cargo for export in an aircraft in a secure manner; and (b)contains —

details of all sites covered by the KCSP and operated by or on behalf of the KC in connection with cargo intended for export by aircraft;

details of all facilities covered by the KCSP and operated by or on behalf of the KC in connection with cargo intended for export by aircraft;

the name of each such site or facility and its location; and

details of security procedures at each site or facility outside its normal hours of operation.

to all cargo for export in an aircraft that are in the KC’s possession or under the KC’s control; and

at each site or facility covered by the KCSP.

set out the measures and procedures to ensure the security of cargo for export in an aircraft at all times, including —

the measures and procedures to detect tampering and other discrepancies with cargo when the cargo is in the KC’s possession or under the KC’s control;

the methods to be used to prevent unauthorised persons from having access to cargo from the time the cargo is in the KC’s possession or under the KC’s control, until the time the KC passes possession or control of the cargo to another aviation industry participant; (iii)the measures and procedures to inspect unknown cargo for items that could facilitate an act of unlawful interference with aviation, in a case where the KC has indicated to the NCASA that it intends to do so; and

the measures and procedures to keep unknown cargo separate from other cargo in the KC’s possession or under the KC’s control, and to identify such unknown cargo to another aviation industry participant; (b)set out the procedures for managing security at each of the known consignor’s facilities, including —

organisational structures and security management arrangements;

the roles and responsibilities of security contact officers, security staff and contractors; and

the roles and responsibilities of other staff assigned security duties and responsibilities; (c)set out the measures and procedures in relation to managing persons who have access to cargo for export in an aircraft that are in the KC’s possession or control, and persons who are assigned security duties and responsibilities, including —

measures and procedures on pre-employment screening of staff;

measures and procedures to handle resignation or termination of staff; and

the training of staff to respond to aviation security incidents at sites and facilities covered by the KCSP and operated by or on behalf of the KC;

set out, as appropriate to the operations at each of the KC’s sites and facilities, security measures and procedures to be used within the site or facility, including measures and procedures, so as to control access to the site or facility or parts of the site or facility and maintain the integrity of access control systems and to deter and detect unauthorised access into the site or facility or parts of the site or facility by people, vehicles or things; (e)set out the measures to ensure that the KCSP and other security information are protected against unauthorised access, amendment and disclosure; (f)set out the measures and procedures for the manufacturing, packing, storage and transport of cargo for export in an aircraft that falls within one of the following categories: (i)arms and explosives, referring to any item regulated under the Arms and Explosives Act (Cap. 13);

dangerous goods, referring to any item described as a dangerous good in the Technical Instructions for the Safe Transport of Dangerous Goods by Air (Doc 9284), approved and issued in accordance with the procedure established by the Council of the International Civil Aviation Organisation, as amended from time to time;

set out quality control procedures, including details of how audits are scheduled, the procedures for carrying out an audit, the procedures for reviewing the KCSP and a description of the circumstances that will require a review of the KCSP; (h)set out the details of third-party service providers and the measures which the KC will take to ensure that the third-party service providers comply with the security measures to be undertaken under the KCSP; and

indicate the KC’s representative responsible for carrying out any security directions given by the NCASA under the Act in the event of a heightened security alert.

a KC who, immediately before registration under regulation 6, holds any of the following industry-recognised security certification: (i)an Air Cargo Security Standards Level 1, issued by the Transported Asset Protection Association;

a Customs-Trade Partnership Against Terrorism Tier 2 or Tier 3 certification, issued by the United States Customs and Border Protection.

review and alter the KC’s KCSP to incorporate such new security measures and procedures into the KCSP as the NCASA deems fit; and (b)implement such new security measures and procedures in the KCSP by such date as may be specified by the NCASA, and the KC must comply with that requirement.

required for the purpose of performing that person’s duties or exercising that person’s functions under these Regulations or Part IIB of the Act;

required by any court;

required by the NCASA; or

required under the provisions of any written law.