
We're moving into the Facilitation chapter now, and I want to start with the tail end of a sentence that sets the stage for everything here. The flight plan is to be addressed to the appropriate authorities of the State concerned. That's the anchor — every facilitation provision we're about to discuss is built on the idea that the State you're flying into has authority over how you enter, how long you stay, and what documents it accepts.
Now, section 23.14 is about Crew and Other Operators' Personnel. This is a big one, so let's take it piece by piece. Contracting States — that's the formal term for countries that have signed on to the Chicago Convention — shall ensure that when inspection of crew members and their baggage is required on arrival or departure, such inspection shall be carried out as expeditiously as possible. Expeditiously means without unnecessary delay. So the State is obligated to process crew quickly at the border, not hold them up.
Then we get to the crew member certificate, the CMC. Contracting States shall provide facilities which will enable crew members of their airlines to obtain without delay and without charge, crew members' certificates, valid for the crew members' term of employment. So the certificate is free, issued promptly, and valid for as long as that crew member works for the airline. Now, the note here is important for understanding what the CMC actually is. It was developed as a card for use for identification purposes by both flight crew and cabin attendants. The key contrast: it leaves the crew licences to serve their primary purpose of attesting to the professional qualifications of the flight crew. So the licence proves you're qualified to fly; the CMC proves who you are for border purposes. Two different documents, two different jobs.
Now here's the operational heart of it. In the case of airline flight crew and cabin attendants who retain their crew member certificates in their possession when embarking and disembarking, remain at the airport where the aircraft has stopped or within the confines of cities adjacent thereto, and depart on the same aircraft or their next regularly scheduled flight — each Contracting State shall accept a crew member certificate for temporary admission to the State and shall not require a passport or visa. Let me unpack that. The conditions are: you keep the CMC on you, you stay at the airport or in the nearby city, and you leave on the same aircraft or your next scheduled flight. If all that holds, the State must accept the CMC instead of a passport or visa. No passport, no visa — just the card.
There are two notes attached to this, and they matter. Note 1: it is the intent of this provision that a crew member certificate shall be recognized as a satisfactory identity document even if the holder is not a national of the State of Registry of the aircraft on which he serves. So the State of Registry is the country where the aircraft is registered — and the crew member doesn't have to be a citizen of that country for the CMC to work. And it's not desired to discourage Contracting States from issuing such crew member certificates to resident alien crew members if they are willing to do so. Resident alien — someone living in the State but not a citizen. So States are encouraged, not forced, to issue CMCs to those crew too.
Note 2: the implementation of this permits rapid and efficient disposition of personnel by airlines. Disposition — that's the airline's ability to move its crews around quickly. But here's the catch: the full benefit cannot be derived from these provisions while some States withhold acceptance of them. So the system only works fully when every State plays along. If one State refuses to accept the CMC, the airline can't rely on it there.
Now, section 23.15 moves to Non-scheduled Operations. Each Contracting State shall extend privileges of temporary admission to flight crew and cabin attendants of an aircraft operated for remuneration or hire but not engaged in scheduled international air services. Remuneration or hire — that means the aircraft is being paid for, chartered, not running a fixed schedule. The condition here is stricter than the scheduled case: such flight crew and cabin attendants must depart on the aircraft on its first flight out of the territory of the State. So for a charter, you don't get the flexibility of staying for the next scheduled flight — you must leave on that same aircraft, on its first departure out of the country.
Section 23.16, Transit Passengers. Passengers may remain in a transit lounge for a maximum of 2 days. That's the limit — two days in transit, and that's it.
Section 23.17, Freedom from Duty. An aircraft which is not engaged in international scheduled air services and which is making a flight to or through any designated airport in a Contracting State, and is admitted temporarily free of duty, shall be allowed to remain in that State for a period of time as established by the State. So a non-scheduled aircraft coming in duty-free — no customs charges on the aircraft itself — can stay, but the length of stay is set by the State, not by any fixed international rule.
Finally, section 23.18, Responsibility of the Operator for Custody and Care of Passengers. The responsibility of the Operator for custody and care of passengers and crew members shall terminate from the moment such persons have been admitted into that State. So the moment immigration admits the passenger or crew member into the country, the airline's legal duty of care ends. Before admission, the operator is responsible; after admission, the State takes over.
Let me tie this together. The whole chapter is about smoothing the path across borders. The CMC replaces the passport for crew under defined conditions, charters get temporary admission but must leave on the first flight out, transit passengers get two days, duty-free aircraft stay as long as the State allows, and the operator's responsibility ends at the moment of admission. Each provision has its own conditions and its own limits, and those conditions are what you need to hold onto.
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