The Civil Aviation (Security) Regulations, 2020 — Esheria

Statute

The Civil Aviation (Security) Regulations, 2020

Legal Notice 128 of 2020 Country: Kenya As of: 24 Jul 2020 Status: In force Sections: 81
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Section 1

PRELIMINARY - 1. Citation

Part I: PRELIMINARY

Section 1. Citation Section These Regulations may be cited as the Civil Aviation (Security) Regulations, 2020.

Section 2

PRELIMINARY - 2. Interpretation

Part I: PRELIMINARY

Section 2. Interpretation Section unlawful seizure of an aircraft in flight or on the ground;

Section 3

PRELIMINARY - 3. Application of regulations

Part I: PRELIMINARY

Section 3. Application of regulations Section 3(1)(a) all airports in Kenya, which includes aerodromes in categories A, B and C as provided for under the Civil Aviation (Certification, Licensing and Registration of Aerodromes) Regulations; Section 3(1)(b) passengers in civil aviation ; Section 3(1)(c) persons at airports; Section 3(1)(d) persons working in the aviation industry; Section 3(1)(e) persons who occupy land or buildings forming part of an airport ; and Section 3(1)(f) persons on land adjoining or adjacent to, or within the vicinity of airports or air navigation installations which do not form part of an airport . Section 3(2)(a) operators or owners of airports; Section 3(2)(b) operators or owners of aircraft registered in Kenya or aircraft registered in another State and operating in Kenya; Section 3(2)(c) air navigation service providers; Section 3(2)(d) ground handling agencies and aviation security service providers, fuel suppliers, travel agents and any other entities conducting business with or at the airport ; Section 3(2)(e) persons permitted to have access to security restricted areas at an airport ; Section 3(2)(f) persons who offer stores and supplies for use i...

Section 4

PRELIMINARY - 4. Purpose of Regulations

Part I: PRELIMINARY

Section 4. Purpose of Regulations Section aircraft used for civil aviation , and persons and property on board such aircraft;

Section 5

ORGANIZATION - 5. Functions ofAuthorityin relation to aviationsecurity

Part II: ORGANIZATION

Section 5. Functions ofAuthorityin relation to aviationsecurity Section 5(1)(a) be the designated appropriate authority for civil aviation security and responsible for the regulation of aviation security in Kenya; Section 5(1)(b) develop and implement regulations, practices and procedures that enable rapid response to meet any increased security threat for purposes of safeguarding civil aviation against acts of unlawful interference, taking into account the safety, regularity and efficiency of flights; Section 5(1)(c) protecting passengers, crew members, airport , the general public and other aviation facilities; Section 5(1)(c)(i) protecting passengers, crew members, airport , the general public and other aviation facilities; Section 5(1)(c)(ii) preventing unlawful interference against civil aviation ; and Section 5(1)(c)(iii) ensuring that appropriate action is taken when an act of unlawful interference occurs or is likely to occur; Section 5(1)(d) define and allocate tasks and coordinate activities under the National Civil Aviation Security Programme, between the ministries, departments, agencies, airport , aircraft operators, air navigation service providers and other organisat...

Section 6

ORGANIZATION - 6. Power to access and inspectairport, aircraft andoperator's premises

Part II: ORGANIZATION

Section 6. Power to access and inspectairport, aircraft andoperator's premises Section The Authority shall have free and unobstructed access at all times to an airport , an aircraft operating from or within Kenya, or an aircraft registered in Kenya operating in any other State, and the premises of an operator within Kenya, for the purpose of carrying out security audits, inspections, tests and investigations.

Section 7

ORGANIZATION - 7. Power ofAuthorityto issue orders, circulars and directives

Part II: ORGANIZATION

Section 7. Power ofAuthorityto issue orders, circulars and directives Section The Authority may make and issue orders, circulars and directives prescribing any aviation security matter which, under these Regulations, is to be prescribed, and generally for the better carrying out or enhancing of the objects and purposes of these Regulations.

Section 8

ORGANIZATION - 8. Authorised persons

Part II: ORGANIZATION

Section 8. Authorised persons Section The Authority may, in writing, designate qualified persons, whether by name or by title of office, to be authorised persons for the purposes of these Regulations and shall state the functions and limits of operation of the authorised persons.

Section 9

SECURITY PROGRAMMES AND COMMITTEES - 9. NationalCivil AviationSecurity Programme

Part III: SECURITY PROGRAMMES AND COMMITTEES

Section 9. NationalCivil AviationSecurity Programme Section 9(1)(a) establish a written National Civil Aviation Security Programme and ensure its maintenance and implementation to safeguard civil aviation against acts of unlawful interference through regulations, practices and procedures which take into account the safety, regularity and efficiency of flights; and Section 9(1)(b) make available to airports and aircraft operators operating in Kenya, air navigation service providers, and other operators and entities concerned, a written version of the appropriate parts of the National Civil Aviation Security Programme or relevant information or guidelines enabling them to meet the requirements of the National Civil Aviation Security Programme. Section 9(2)(a) allocation of responsibilities for implementation of the programme; Section 9(2)(b) co-ordination, facilitation and communications; Section 9(2)(c) protection of airports, aircraft and navigation facilities; Section 9(2)(d) co-ordination of landside security measures between relevant departments, agencies, other organizations of the State, and other entities, and identification of appropriate responsibilities; Section 9(2)(e) se...

Section 10

SECURITY PROGRAMMES AND COMMITTEES - 10. Nationalcivil aviationsecuritycommittee

Part III: SECURITY PROGRAMMES AND COMMITTEES

Section 10. Nationalcivil aviationsecuritycommittee Section 10(1)(a) advising and coordinating security activities between ministries, departments, agencies and other organisations at Kenyan airports, aircraft operators, air navigation service providers and other entities concerned with or responsible for the implementation of various aspects of the National Civil Aviation Security Programme; and Section 10(1)(b) recommending and reviewing the effectiveness of security measures and procedures. Section 10(2) The National Civil Aviation Security Committee shall be appointed by the Cabinet Secretary and shall consist of persons from ministries, departments, agencies, air navigation service providers and other organisations at Kenyan airports, aircraft operators and other related entities. Section 10(3)(a) the Authority ; Section 10(3)(b) the Ministry responsible for civil aviation ; Section 10(3)(c) the Chairperson of the National Air Transport Facilitation Committee; Section 10(3)(d) the airports authority; Section 10(3)(e) the Ministry responsible for security or internal affairs; Section 10(3)(f) National Intelligence Service; Section 10(3)(g) the Kenya airports police; Section 10(...

Section 11

SECURITY PROGRAMMES AND COMMITTEES - 11. NationalCivil AviationSecurityQuality Control Programme

Part III: SECURITY PROGRAMMES AND COMMITTEES

Section 11. NationalCivil AviationSecurityQuality Control Programme Section 11(1)(a) determining and monitoring compliance with and validating the effectiveness of the National Civil Aviation Security Programme; Section 11(1)(b) determining the adequacy and effectiveness of the National Civil Aviation Security Programme through audits, tests, inspections and security exercises; Section 11(1)(c) ensuring that all persons who are assigned aviation security duties or responsibilities are verifiably trained and instructed to carry out those duties; Section 11(1)(d) ensuring that persons implementing security controls possess all competencies required to perform their duties and are appropriately selected, trained and certified according to the requirements of the National Civil Aviation Security Programme and that appropriate records are maintained up to date; Section 11(1)(e) ensuring that all persons conducting aviation security training possess necessary competencies to perform their duties, are appropriately trained and certified and use training packages approved or recognized by the Authority ; Section 11(1)(f) ensuring that each entity responsible for the implementation of relev...

Section 12

SECURITY PROGRAMMES AND COMMITTEES - 12. Independence in implementation of Programme

Part III: SECURITY PROGRAMMES AND COMMITTEES

Section 12. Independence in implementation of Programme Section The Authority shall ensure that the management, setting of priorities and organisation of the National Civil Aviation Security Quality Control Programme is undertaken independently from the entities and persons responsible for the implementation of the measures taken under the National Civil Aviation Security Programme.

Section 13

SECURITY PROGRAMMES AND COMMITTEES - 13. Airportoperatorsecurity programme

Part III: SECURITY PROGRAMMES AND COMMITTEES

Section 13. Airportoperatorsecurity programme Section 13(1) A person shall not operate an airport without an Airport Operator Security Programme approved by the Authority . Section 13(2) Every operator of an airport serving civil aviation in Kenya shall establish, implement and maintain a written Airport Operator Security Programme that meets the requirements of the National Civil Aviation Security Programme and these Regulations. Section 13(3)(a) detail the specific security measures and procedures to be implemented at the airport that comply with the requirements of the National Civil Aviation Security Programme; Section 13(3)(b) provide for the appointment of a qualified and appropriately trained person as per the requirements of the National Civil Aviation Security Training Programme who shall coordinate the implementation of the approved Airport Security Programme; Section 13(3)(c) provide for the establishment of an Airport Security Committee in conformity with the requirements stipulated in the National Civil Aviation Security Programme; Section 13(3)(d) provide for background checks to be completed in respect of persons implementing security controls, persons with unescorte...

Section 14

SECURITY PROGRAMMES AND COMMITTEES - 14. AircraftOperatorSecurity Programme

Part III: SECURITY PROGRAMMES AND COMMITTEES

Section 14. AircraftOperatorSecurity Programme Section 14(1) A person shall not operate an aircraft serving civil aviation from or within Kenya without an Aircraft Operator Security Programme approved by the Authority . Section 14(2) Every aircraft operator providing service in or from Kenya shall establish, implement and maintain a written Aircraft Operator Security programme that meets the requirements of the National Civil Aviation Security Programme and these Regulations. Section 14(3)(a) the objectives of the programme and responsibility for ensuring its implementation; Section 14(3)(b) the organisation of the operator 's security functions and responsibilities, including the designation of the operator in charge of aviation security ; Section 14(3)(c) provide for the appointment of a qualified and appropriately trained person as per the requirements of the National Civil Aviation Security Training Programme who shall coordinate the implementation of the approved Aircraft Operator Security Programme; Section 14(3)(d) provide for recruitment, training, application of recurrent background checks every two years and certification of staff involved in the implementation of securit...

Section 15

SECURITY PROGRAMMES AND COMMITTEES - 15. Regulated AgentSecurity Programme

Part III: SECURITY PROGRAMMES AND COMMITTEES

Section 15. Regulated AgentSecurity Programme Section 15(1) A person shall not operate an enterprise or an organisation whose purpose is the movement of cargo or mail , by air within or from Kenya without a Regulated Agent Security Programme approved by the Authority and a certificate issued by the Authority — Section 15(2)(a) provisions to meet the requirements of the National Civil Aviation Security Programme and these Regulations; and Section 15(2)(b) provisions to respond to orders, circulars and directives issued by the Authority under regulation 7; Section 15(2)(c) provide for the appointment of a qualified and appropriately trained person as per the requirements of the National Civil Aviation Security Training Programme who shall coordinate the implementation of the approved Regulated Agent Security Programme; Section 15(2)(d) details of how the regulated agent plans to meet and maintain the requirements set out in the Regulated Agent Security Programme; Section 15(2)(e) ensuring that where screening of cargo and mail is conducted, screening is carried out using an appropriate method or methods, taking into account the nature of the consignment; Section 15(2)(e)(i) ensuring...

Section 16

SECURITY PROGRAMMES AND COMMITTEES - 16. CateringOperatorSecurity Programme

Part III: SECURITY PROGRAMMES AND COMMITTEES

Section 16. CateringOperatorSecurity Programme Section 16(1) A person shall not operate an enterprise or an organisation whose purpose is the direct provision of catering supplies and stores to commercial air transport operators within or from Kenya, without a Catering Operator Security Programme approved by the Authority and a certificate issued by the Authority . Section 16(2)(a) provisions to meet the requirements of the National Civil Aviation Security Programme and these Regulations; Section 16(2)(b) details of how the catering operator intends to comply with, and maintain the requirements set out in the Catering Operator Security Programme; Section 16(2)(c) provide for the appointment of a qualified and appropriately trained person as per the requirements of the National Civil Aviation Security Training Programme who shall coordinate the implementation of the approved Catering Operator Security Programme; Section 16(2)(d) ensuring that screening or appropriate security controls are applied to catering supplies and stores intended for carriage on commercial flights; Section 16(2)(d)(i) ensuring that screening or appropriate security controls are applied to catering supplies an...

Section 17

SECURITY PROGRAMMES AND COMMITTEES - 17.Air Navigation Service ProviderSecurity Programme

Part III: SECURITY PROGRAMMES AND COMMITTEES

Section 17.Air Navigation Service ProviderSecurity Programme Section 17(1) A person shall not operate an enterprise or an organization whose purpose is the provision of air navigation services without a written Air Navigation Service Provider Security Programme approved by the Authority . Section 17(2)(a) provisions to meet the requirements of the National Civil Aviation Security Programme and these Regulations; Section 17(2)(b) provisions to respond to orders, circulars and directives issued by the Authority under regulation 7; Section 17(2)(c) provisions to comply with the relevant aspects of the Airport Security Programmes of the airport of operation; Section 17(2)(d) provisions for the appointment of a qualified and appropriately trained person as per the requirements of the National Civil Aviation Security Training Programme who shall coordinate the implementation of the approved Air Navigation Service Provider Security Programme; Section 17(2)(e) specific measures to meet and maintain the requirements set out in the Air Navigation Service Provider Security Programme; Section 17(2)(f) co-ordination and communication with stakeholders at airports on security of ANS facilities;...

Section 18

SECURITY PROGRAMMES AND COMMITTEES - 18. Application for approval ofsecurity programme

Part III: SECURITY PROGRAMMES AND COMMITTEES

Section 18. Application for approval ofsecurity programme Section 18(1)(a) submit the programme to the Authority , ensuring that it meets the requirements of the National Aviation Security Programme, these Regulations and any other relevant law; and Section 18(1)(b) pay the fee prescribed by the Authority . Section 18(2) A security programme submitted to the Authority for approval under this regulation shall be in duplicate and signed by the applicant or on behalf of the applicant.

Section 19

SECURITY PROGRAMMES AND COMMITTEES - 19. Approval ofsecurity programme

Part III: SECURITY PROGRAMMES AND COMMITTEES

Section 19. Approval ofsecurity programme Section 19(1) Where the Authority is satisfied that a security programme submitted under regulation 18, meets the requirements of these Regulations, the National Civil Aviation Security Programme and any other relevant law, the Authority shall, within thirty days after receipt of the programme, approve the security programme . Section 19(2) Where the Authority determines that a security programme submitted under regulation 18 does not meet the requirements of these Regulations, the National Civil Aviation Security Programme or relevant law, the Authority shall, within thirty days after receipt of the programme, direct the applicant to modify and re-submit the security programme to the Authority within thirty days after receipt of the response from the Authority . Section 19(3) Where the Authority is satisfied that a security programme re-submitted under sub regulation (2) meets the requirements of these Regulations, the National Civil Aviation Security Programme and any other relevant laws, the Authority shall, within fifteen days, after receipt of the programme, approve the security programme . Section 19(4) A copy of the approved Operator...

Section 20

SECURITY PROGRAMMES AND COMMITTEES - 20. Changed conditions affectingsecurity

Part III: SECURITY PROGRAMMES AND COMMITTEES

Section 20. Changed conditions affectingsecurity Section 20(1)(a) any description of the area set out in the security programme is no longer accurate; Section 20(1)(b) any description of the operations set out in the security programme is no longer accurate, or that the procedures included, and the facilities and equipment described in the security programme are no longer adequate. Section 20(2)(a) immediately notify the Authority of the changed conditions, and identify each interim measure being taken to maintain adequate security until approval is granted for an appropriate amendment of the security programme ; and Section 20(2)(b) within thirty days after notifying the Authority in accordance with paragraph (a), submit for approval, in accordance with the procedure prescribed by regulation 18, an amendment to the security programme to bring it into compliance with these Regulations. Section 20(3) The Authority shall, where an amendment to a security programme is submitted to it under sub regulation (2)(b), approve the amendment in accordance with the procedure prescribed by regulation 19.

Section 21

SECURITY PROGRAMMES AND COMMITTEES - 21. Power ofAuthorityto direct amendment ofsecurity programme

Part III: SECURITY PROGRAMMES AND COMMITTEES

Section 21. Power ofAuthorityto direct amendment ofsecurity programme Section 21(1) Where the Authority determines that an operator 's security programme requires amendment, the Authority may direct the respective operator to amend the security programme and submit it to the Authority for approval. Section 21(2) The Authority shall, where an amended security programme is submitted to it under sub regulation (1), approve the security programme in accordance with the procedure prescribed by regulation 19.

Section 22

SECURITY PROGRAMMES AND COMMITTEES - 22. NationalCivil AviationSecurityTraining Programme

Part III: SECURITY PROGRAMMES AND COMMITTEES

Section 22. NationalCivil AviationSecurityTraining Programme Section 22(1) The Authority shall develop a National Civil Aviation Security Training Programme for personnel of all entities involved with or responsible for the implementation of various aspects of the National Civil Aviation Security Programme including security awareness training for those authorized to have unescorted access to the airside . Section 22(2) The Authority shall co-ordinate the implementation of the National Civil Aviation Security Training Programme developed under sub regulation (1). Section 22(3) The Authority shall notify the entities concerned of the training requirements identified in the National Aviation Security Training Programme for their implementation. Section 22(4) A person shall not operate an aviation security training center or offer aviation security courses without a valid certificate or authorization issued by the Authority and in compliance with the requirements of the National Civil Aviation Security Training Programme. Section 22(5) The Authority shall ensure the development and implementation of training programmes and a certification system for aviation security screeners, superv...

Section 23

SECURITY PROGRAMMES AND COMMITTEES - 23. Operator AviationSecurityTraining Programme

Part III: SECURITY PROGRAMMES AND COMMITTEES

Section 23. Operator AviationSecurityTraining Programme Section 23(1) Every operator shall develop and implement an Aviation Security Training Programme to ensure the effective implementation of their respective security operations; and the training programme shall conform with the requirements of the National Civil Aviation Security Training Programme and these Regulations. Section 23(2)(a) training of appropriate employees, taking into account human factors principles and human performance ; Section 23(2)(b) training to acquaint appropriate employees with preventive measures and techniques in relation to passengers, baggage , cargo , mail , equipment, stores and supplies intended for carriage on an aircraft to enable them to contribute to the prevention of acts of sabotage , unlawful seizure of aircraft or other forms of unlawful interference and to minimise the consequences of such events should they occur; Section 23(2)(c) security awareness training at least once every two years for all staff or personnel involved with or responsible for the implementation of various aspects of the National Civil Aviation Security Programme and those authorized to have unescorted access to the...

Section 24

SECURITY PROGRAMMES AND COMMITTEES - 24. AirportSecurityCommittee

Part III: SECURITY PROGRAMMES AND COMMITTEES

Section 24. AirportSecurityCommittee Section 24(1) Every airport serving civil aviation shall establish an Airport Security Committee. Section 24(2)(a) to coordinate the implementation and maintenance of security controls and procedures as specified in the Airport Operator's Security programme referred to in regulation 13; Section 24(2)(b) to oversee the implementation of the decisions or directives of the National Civil Aviation Security Committee; Section 24(2)(c) to oversee and monitor the Airport Security Programme, including special measures introduced by the airport administration, operators and airport tenants; Section 24(2)(d) to coordinate the implementation of landside security measures; Section 24(2)(e) to draw up, maintain and review from time to time, a list of vulnerable points, and of essential equipment and facilities; Section 24(2)(f) basic minimum security measures and procedures are adequate to meet threats and are under constant review, providing for normal situations, periods of heightened tension and emergency situations; Section 24(2)(f)(i) basic minimum security measures and procedures are adequate to meet threats and are under constant review, providing for...

Section 25

PREVENTIVE SECURITY MEASURES - 25. Airportsecuritycontrols

Part IV: PREVENTIVE SECURITY MEASURES

Section 25. Airportsecuritycontrols Section 25(1) An airport operator shall be responsible for the maintenance, coordination and implementation of security controls including; identification and resolution of suspicious activity that may pose a threat to civil aviation at the airport for the purpose of protecting passengers, crew members, aircraft, airports and aviation facilities and preventing acts of unlawful interference and ensuring that appropriate action is taken when an act of unlawful interference occurs or is likely to occur. Section 25(2)(a) use randomness and unpredictability in the implementation of security measures, as appropriate; Section 25(2)(b) access to airside areas at the airport is controlled in order to prevent unauthorized entry; Section 25(2)(b)(i) access to airside areas at the airport is controlled in order to prevent unauthorized entry; Section 25(2)(b)(ii) security restricted areas are established at the airport , in accordance with regulation 26; Section 25(2)(b)(iii) architectural and infrastructure related requirements necessary for the optimum implementation of security measures under the National Civil Aviation Security Programme are integrated in...

Section 26

PREVENTIVE SECURITY MEASURES - 26. Security restricted areas andairportsecuritypermits

Part IV: PREVENTIVE SECURITY MEASURES

Section 26. Security restricted areas andairportsecuritypermits Section 26(1) The Authority , in conjunction with the airport operator and other responsible persons concerned, shall identify areas where, based on a security risk assessment carried out by the relevant national authorities , operations vital to the continued safe operation of civil aviation in Kenya are carried out, and designate those areas as security restricted areas. Section 26(2)(a) be marked and protected through physical or personnel protective measures or through a combination of these measures to prevent unauthorised access to it; Section 26(2)(b) be separated from public or non- security restricted areas by an appropriate physical barrier; and Section 26(2)(c) be inspected at regular intervals. Section 26(3) Authorised access to a security restricted area at every airport and designated off- airport facilities serving commercial air transport operations shall be controlled through the issuance of airport security permits for persons and vehicles. Section 26(4) The airport operator shall establish and implement identification systems in respect of persons and vehicles in order to prevent unauthorized access...

Section 27

PREVENTIVE SECURITY MEASURES - 27. Airport boundary

Part IV: PREVENTIVE SECURITY MEASURES

Section 27. Airport boundary Section 27(1)(a) the airport has a conspicuous physical barrier or means of indicating the airport boundary with posted signs bearing a warning to prevent incursions and trespassing; and Section 27(1)(b) measures are in place to ensure continuous protection and monitoring of the integrity of the perimeter to prevent incursions and trespassing.

Section 28

PREVENTIVE SECURITY MEASURES - 28. Carriage of firearms, explosives or inflammable materials inairportpremises

Part IV: PREVENTIVE SECURITY MEASURES

Section 28. Carriage of firearms, explosives or inflammable materials inairportpremises Section 28(1) Except for law enforcement officers on duty, no person shall carry or possess, in airport premises, firearms, ammunitions, explosives or inflammable materials or weapons, unless authorised in writing as appropriate. Section 28(2) An airport operator shall ensure that no unauthorised person carries firearms, ammunitions, explosives or inflammable materials within the airport premises.

Section 29

PREVENTIVE SECURITY MEASURES - 29. Control of access by tenants

Part IV: PREVENTIVE SECURITY MEASURES

Section 29. Control of access by tenants Section 29(1) The airport operator shall ensure that tenants whose premises or facilities form part of the landside or airside boundary through which access can be gained to the airside are responsible for control of access through their premises, and shall carry on business in compliance with the Airport Operator Security Programme. Section 29(2)(a) individuals or businesses granted a licence or other permit by the airport operator to conduct business operations at the airport , including concessionaires, cargo handlers, caterers, tour operators, taxi and bus operators, porters, aircraft maintenance organisations and fuel companies; or Section 29(2)(b) Government authorities and agencies at the airport , including customs, immigration, health, agriculture and meteorology.

Section 30

PREVENTIVE SECURITY MEASURES - 30. Obligation ofairport operatorin case of threat against facility orairport

Part IV: PREVENTIVE SECURITY MEASURES

Section 30. Obligation ofairport operatorin case of threat against facility orairport Section 30(1)(a) notify the Authority and other entities concerned with the nature of the threat; and Section 30(1)(b) determine whether the threat affects the security of the airport and coordinate the implementation of appropriate measures to counter any threat.

Section 31

PREVENTIVE SECURITY MEASURES - 31. Persons authorised to screen to informairport operatorof threat againstairportor aircraft

Part IV: PREVENTIVE SECURITY MEASURES

Section 31. Persons authorised to screen to informairport operatorof threat againstairportor aircraft Section immediately notify the airport or aircraft operator of the nature of the threat; and

Section 32

PREVENTIVE SECURITY MEASURES - 32. Airportoperatorto take measures in event of threat

Part IV: PREVENTIVE SECURITY MEASURES

Section 32. Airportoperatorto take measures in event of threat Section 32(1) Where an airport operator determines that there is a threat that affects the security of the airport , the airport operator shall immediately take all measures necessary to ensure the safety of the airport and persons at the airport , including informing the relevant parties of the nature of the threat. Section 32(2) Upon assessment and determination of a credible bomb threat , an airport operator shall immediately inform the Authority of the receipt of the bomb threat against an airport and its facilities, or an aircraft.

Section 33

PREVENTIVE SECURITY MEASURES - 33. Discovery of weapons, incendiary devices or explosives atairportorsecurity restricted area

Part IV: PREVENTIVE SECURITY MEASURES

Section 33. Discovery of weapons, incendiary devices or explosives atairportorsecurity restricted area Section 33(1)(a) discovery, at the airport or other security restricted area , of a weapon other than a firearm allowed under regulation 28; Section 33(1)(b) discovery, at an airport or other security restricted area , of ammunition other than ammunition allowed under regulation 28; Section 33(1)(c) discovery, at the airport or other security restricted area , of an explosive substance or an incendiary device, other than an explosive substance or incendiary device allowed under regulation 28; or Section 33(1)(d) an explosion at the airport , unless the explosion is known to be the result of an excavation, a demolition, construction or the use of fireworks displays.

Section 34

PREVENTIVE SECURITY MEASURES - 34. Airportoperatorto involvesecuritystakeholders and submit plans before renovation and expansion works

Part IV: PREVENTIVE SECURITY MEASURES

Section 34. Airportoperatorto involvesecuritystakeholders and submit plans before renovation and expansion works Section 34(1) Despite regulation 25(2)(b)(iii), an airport operator shall, before the implementation of any renovation, remodeling or expansion works at the airport , or the construction of new or additional airport facilities, involve security stakeholders and submit to the Authority for its approval, the plans for the renovation and expansion works. Section 34(2) The Authority shall, in approving the plans submitted to it under sub regulation (1), assess the plans to ensure that security considerations are properly addressed and that the needs of aviation security are integrated in the configuration of the works.

Section 35

PREVENTIVE SECURITY MEASURES - 35. Operators to conductsecurityawareness training

Part IV: PREVENTIVE SECURITY MEASURES

Section 35. Operators to conductsecurityawareness training Section Every operator shall ensure that personnel involved with or responsible for the implementation of security controls under the national civil aviation security programme and those authorized to have unescorted access to the airside receive security awareness training at least once in every two years.

Section 36

PREVENTIVE SECURITY MEASURES - 36. Operators to conduct internal quality control

Part IV: PREVENTIVE SECURITY MEASURES

Section 36. Operators to conduct internal quality control Section Every operator shall conduct internal quality control to include verification of the implementation of security measures outsourced to external service providers to ensure compliance with the operator 's security programme .

Section 37

PREVENTIVE SECURITY MEASURES - 37. Operators to implementunpredictability

Part IV: PREVENTIVE SECURITY MEASURES

Section 37. Operators to implementunpredictability Section Every operator shall use randomness and unpredictability in the implementation of security measures as appropriate.

Section 38

PREVENTIVE SECURITY MEASURES - 38. Operators to keep records

Part IV: PREVENTIVE SECURITY MEASURES

Section 38. Operators to keep records Section 38(1) Every operator shall keep a record of every security incident occurring in the course of their operations. Section 38(2)(a) be kept for a minimum of ninety days; Section 38(2)(b) be submitted to the Authority within thirty days after the occurrence of the incident; and Section 38(2)(c) the number and type of weapons and incendiary devices discovered during any passenger screening process and the method of detection of each; Section 38(2)(c)(i) the number and type of weapons and incendiary devices discovered during any passenger screening process and the method of detection of each; Section 38(2)(c)(ii) the number of acts and attempted acts of unlawful interference; Section 38(2)(c)(iii) the number of bomb threats received, real and simulated bombs found and actual bombings or explosions at the airport ; and Section 38(2)(c)(iv) the number of detentions and arrests and the immediate disposition of each person detained or arrested.

Section 39

PREVENTIVE SECURITY MEASURES - 39. Responsibilities of aircraft operators

Part IV: PREVENTIVE SECURITY MEASURES

Section 39. Responsibilities of aircraft operators Section 39(1) An aircraft operator registered in or providing service from Kenya and participating in code-sharing or other collaborative arrangements with other operators shall notify the Authority of the nature of these arrangements, including the identity of the other operators. Section 39(2)(a) transport the baggage of a person who is not on board the aircraft unless that baggage is identified as unaccompanied and subjected to appropriate screening ; Section 39(2)(b) transport items of hold baggage which have not been individually identified as accompanied or unaccompanied, or screened to the appropriate standard and accepted for carriage on that flight by the air carrier. All such baggage shall be recorded as meeting these criteria and authorized for carriage on that flight; Section 39(2)(c) accept consignments of cargo or mail , in-flight catering supplies and stores, company mail and materials for carriage on aircraft engaged in commercial air transport operations , unless the security of the consignments is confirmed and accounted for by an entity certified by the Authority , or the consignments are subjected to security co...

Section 40

PREVENTIVE SECURITY MEASURES - 40. Special protection for aircraft

Part IV: PREVENTIVE SECURITY MEASURES

Section 40. Special protection for aircraft Section 40(1) An aircraft operator may, notwithstanding regulation 39(3)(d), request for special protection of an aircraft from an airport operator . Section 40(2) Where special protection is offered to an aircraft operator under subregulation (1), the protection shall be on terms and conditions determined by the airport operator .

Section 41

PREVENTIVE SECURITY MEASURES - 41. Control of prohibited items

Part IV: PREVENTIVE SECURITY MEASURES

Section 41. Control of prohibited items Section 41(1)(a) in a security restricted area ; Section 41(1)(b) on board an aircraft; or Section 41(1)(c) in an air navigation installation. Section 41(2)(a) firearms or articles appearing to be firearms, whether or not they can be discharged; Section 41(2)(b) nuclear, chemical or biological agents adapted, or capable of being used for causing injury to or incapacitating persons or damaging or destroying property; Section 41(2)(c) ammunition and explosives; Section 41(2)(d) articles manufactured or adapted to have the appearance of explosives, whether in the form of a missile, bomb, grenade or otherwise; Section 41(2)(e) articles made or adapted for causing injury to or incapacitating persons or damaging or destroying property; and Section 41(2)(f) any other dangerous article or substance or other item prescribed by the Authority from time to time.

Section 42

PREVENTIVE SECURITY MEASURES - 42. Control of access to flight crew compartment

Part IV: PREVENTIVE SECURITY MEASURES

Section 42. Control of access to flight crew compartment Section where an aircraft is equipped with a flight crew compartment door, ensure that the door is lockable from the flight crew compartment only and remains locked during flight, except to permit access and exit by authorised persons; and

Section 43

PREVENTIVE SECURITY MEASURES - 43. Control of special categories of passengers

Part IV: PREVENTIVE SECURITY MEASURES

Section 43. Control of special categories of passengers Section 43(1) Law enforcement officers shall inform the aircraft operator and the pilot in command, not less than twenty four hours prior to departure when passengers are obliged to travel because they have been the subject of judicial or administrative proceedings, in order that appropriate security controls can be applied. Section 43(2) The aircraft operator shall inform the pilot in command of the number of armed or unarmed escort persons, the individuals whom they are escorting and their seat locations in the aircraft.

Section 44

PREVENTIVE SECURITY MEASURES - 44. Authorised carriage of weapons on board aircraft

Part IV: PREVENTIVE SECURITY MEASURES

Section 44. Authorised carriage of weapons on board aircraft Section 44(1) The carriage of weapons on board aircraft by law enforcement officers and other authorised persons, acting in the performance of their duties, shall be in accordance with the laws of Kenya. Section 44(2)(a) approve, in writing, the carriage of weapons on board aircraft by law enforcement officers and other authorised persons acting in the performance of their duties; Section 44(2)(b) consider requests by any other State to allow the travel of armed personnel, including inflight security officers on board aircraft of operators of the requesting State. Only after agreements by all States involved shall such travel be allowed. Section 44(3) Notwithstanding subregulation (2), an aircraft operator may allow or refuse the carriage of weapons on board an aircraft in accordance with conditions issued by the Authority . Section 44(4) Where an aircraft operator accepts the carriage of weapons removed from passengers, the aircraft shall have provision for stowing the weapons so that they are inaccessible to any person during flight time and, in the case of a firearm, to ensure that it is not loaded, an authorized and d...

Section 45

PREVENTIVE SECURITY MEASURES - 45. Conditions for acceptance ofcargoormailfor air transportation

Part IV: PREVENTIVE SECURITY MEASURES

Section 45. Conditions for acceptance ofcargoormailfor air transportation Section 45(1)(a) establish and register the name and address of the known consignor ; Section 45(1)(b) establish the credentials of the person who delivers the cargo or mail as an agent of the known consignor ; Section 45(1)(c) ensure, on the basis of appropriate security controls or security screening , that such cargo or mail do not contain any prohibited items; Section 45(1)(d) ensure the safeguarding of such cargo or mail from unauthorised interference after acceptance; Section 45(1)(e) ensure the cargo or mail are received by staff who are properly recruited and trained; Section 45(1)(f) designate a person to implement and supervise the screening process and applicable security controls; Section 45(1)(g) unaccompanied baggage ; Section 45(1)(g)(i) unaccompanied baggage ; Section 45(1)(g)(ii) cargo or mail from unknown consignors; Section 45(1)(g)(iii) cargo or mail for which the contents do not coincide with the description delivered; Section 45(1)(g)(iv) high-risk cargo or mail ; and Section 45(1)(h) ensure that known cargo and mail that has been confirmed and accounted for is issued with a security sta...

Section 46

PREVENTIVE SECURITY MEASURES - 46. Conditions for acceptance ofcargoormail,COMATandCOMAILfor transportation

Part IV: PREVENTIVE SECURITY MEASURES

Section 46. Conditions for acceptance ofcargoormail,COMATandCOMAILfor transportation Section only screened and secure cargo or mail is loaded into aircraft engaged in civil aviation ;

Section 47

PREVENTIVE SECURITY MEASURES - 47. Security measures to be taken by aircraft operators

Part IV: PREVENTIVE SECURITY MEASURES

Section 47. Security measures to be taken by aircraft operators Section 47(1)(a) not accept cargo or mail for carriage on an aircraft engaged in commercial air transport operations unless the application of screening or other security controls is confirmed and accounted for by a regulated agent , a known consignor , or an entity that is approved by the Authority . Cargo and mail which cannot be confirmed and accounted for by a regulated agent , a known consignor , or an entity that is approved by the Authority shall be subjected to screening ; Section 47(1)(b) protect the consignment from unlawful interference while it is in the custody of the aircraft operator , and that if there are grounds to suspect that the integrity of the consignment may be jeopardised, the said consignment is re-screened before being placed on board an aircraft; Section 47(1)(c) protect the consignment from unlawful interference while it is in the custody of the aircraft operator , and that if there are grounds to suspect that the integrity of the consignment may be jeopardised, the said consignment is re-screened before being placed on board an aircraft; Section 47(1)(d) COMAT and COMAIL are subjected to a...

Section 48

PREVENTIVE SECURITY MEASURES - 48. Aviationsecurityresponsibilities of cateringoperator

Part IV: PREVENTIVE SECURITY MEASURES

Section 48. Aviationsecurityresponsibilities of cateringoperator Section 48(1)(a) establish and register the name and address of the supplier of the catering stores and supplies; Section 48(1)(b) establish the credentials of the person who delivers the catering stores and supplies as an agent of the supplier; Section 48(1)(c) ensure, on the basis of appropriate security controls or security screening , that the catering stores and supplies do not contain any prohibited items; Section 48(1)(d) ensure the safeguarding of the catering stores and supplies from unauthorised interference after acceptance; Section 48(1)(e) ensure the catering stores and supplies are received by staff who are properly recruited and trained by the operator ; Section 48(1)(f) designate a person to implement and supervise the screening process; Section 48(1)(g) ensure that catering stores and supplies are not carried by air unless they have been subjected to screening and protected from unauthorized interference until loaded onto aircraft; Section 48(1)(h) ensure that each shipment of catering stores and supplies is accompanied by documentation providing the statement of the security status of the shipment; S...

Section 49

PREVENTIVE SECURITY MEASURES - 49. Conditions for acceptance ofcatering storesand supplies for air transportation

Part IV: PREVENTIVE SECURITY MEASURES

Section 49. Conditions for acceptance ofcatering storesand supplies for air transportation Section 49(1) A catering operator or aircraft operator shall offer or accept catering stores and supplies for transport on an aircraft based on the provisions of sub regulation (2) of this regulation. Section 49(2)(a) that the catering stores and supplies have been subjected to appropriate security controls, which may include a supply chain security process or screening , and thereafter protected until loaded onto the aircraft; Section 49(2)(b) the safeguarding of the catering supplies and stores against unlawful interference from the time of reception until the catering supplies and stores have been placed in the aircraft; Section 49(2)(c) that the shipments of catering supplies and stores are recorded; and Section 49(2)(d) that whenever the catering supplies and stores are received, those catering supplies and stores are delivered by an authorised employee of the catering operator or aircraft operator . Section 49(3) An aircraft operator shall not accept any catering supplies and stores for transport by aircraft unless the documentation for those catering supplies and stores is examined for...

Section 50

PREVENTIVE SECURITY MEASURES - 50. Aviationsecurityresponsibilities of ground handling service providers

Part IV: PREVENTIVE SECURITY MEASURES

Section 50. Aviationsecurityresponsibilities of ground handling service providers Section 50(1) A person shall not operate an enterprise or an organization whose purpose is the provision of aviation security services as part of ground handling services at an airport within Kenya without a written Ground Handling Service Provider Security Programme and a certificate issued by the Authority . Section 50(2) Ground handling service providers shall develop written security programmes in accordance with the requirements of the National Civil Aviation Security Programme, the security programme of the airport of operation and the security programmes of the airlines they handle as appropriate. Section 50(3)(a) the objectives of the procedures and responsibility for ensuring their implementation; Section 50(3)(b) the organization of the ground handling service provider's security functions and responsibilities, including the designation of the person in charge of security ; Section 50(3)(c) all measures and procedures to ensure implementation of the relevant aspects of the national civil aviation security programme , the security programme of the airport of operation and customer airline's s...