Law Summary
Scope and Application
- Applies to all authorities issuing access permits.
- Covers airport operators, aircraft operators, agents, and individuals seeking access to security restricted areas of airports serving civil aviation.
Supplemental Definitions
- Agent: Person or organization performing duties on behalf of airport or aircraft operators.
- Aircraft Operator: Entity engaged in commercial or general aviation operations with aircraft over 5,700 kgs.
- Airport Operator: Entity responsible for operational management and security coordination at the airport.
- Airport Security Program (ASP): Written security measures ensuring compliance with National Civil Aviation Security Program (NCASP).
- Airport Tenants: Individuals or businesses authorized to conduct operations at airports.
- Complete Background Check: In-depth check including identity, employment, criminal records, and national/local records where permissible.
- Derogatory Information: Reports of illegal or unscrupulous activities affecting qualification for access.
- Partial Background Check: Limited check of criminal history through national agencies.
- Quality Control: Monitoring and assessment techniques for civil aviation security.
- Security Restricted Area: High-risk airside airport areas with controlled access and additional security measures.
Policies
- Mandatory complete background checks for all persons accessing security restricted areas before deployment.
- Background checks apply regardless of type of security access permit.
- Checks must cover all employment and criminal history aspects.
- Required for new applicants and existing employees who have not undergone such checks.
- Airport and aircraft operators must integrate background check procedures in their respective security programs.
Responsibilities
- OTS shall:
- Establish a background check database.
- Require submission of background check results.
- Review submitted background checks.
- Provide security alerts based on threat assessments.
- Exercise oversight and access to records related to background checks.
- Airport Operators and Agents shall:
- Develop and implement Airport Security Programs.
- Manage pass control systems with mandatory background checks.
- Maintain a background check office and conduct partial checks biannually.
- Keep background check records for five years.
- Furnish OTS with background check results and personnel lists.
- Aircraft Operators and Agents shall:
- Subject personnel to background checks.
- Ensure contracted agents perform pre-employment checks.
- Provide security awareness training.
- Maintain background check records for five years.
- Furnish OTS with relevant documents.
Guidelines
- Verification of identity through official documents.
- Assessment of trustworthiness and capacity through criminal history and personal behavior.
- Verification of residence and employment history for the past five years with explanation of gaps.
- Written consent required before background checks; denial leads to application rejection.
- Employers must ensure valid requirements before issuing access permits.
- Access permits must not be issued to applicants convicted of crimes involving moral turpitude.
- Complete background checks for personnel involved in security controls are mandatory.
- Alternative verification needed if continuous criminal history or experience cannot be confirmed.
- Issuing authorities must exercise due care in issuing access permits.
- Applicants whose identity or history cannot be verified after all efforts are considered unsuitable.
Miscellaneous Provisions
- Liberal construction of provisions to enhance civil aviation security.
- OTS retains authority to enforce, modify, or prescribe additional requirements.
- Amendments, repeal, or modification of inconsistent prior issuances allowed.
- Separability clause ensures validity of remaining provisions if one is invalidated.
- Circular takes immediate effect and complies with Revised Administrative Code requirements.