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364Facilitation Division, “Eleventh Session Information Paper on Advanced Passenger Informa-tion (API) Guidelines adopted by the WCO” (Montreal, April 1995) ICAO Doc FAL/11-IP/2 at point 1.3.
365Facilitation Division, “Eleventh Session Information Paper on Advanced Passenger Informa-tion (API) Guidelines adopted by the WCO” (Montreal, April 1995) ICAO Doc FAL/11-IP/2 at point 4.1.4.
366Facilitation panel presented by the Secretariat, “Advance Passenger Information Further Devel-
opment of ICAO Doctrine” ICAO Working Paper FALP/4-WP/2 (Montreal, 2–5 April 2002). 367“4.2.4 Furthermore, given the practical and cost constraints of data capture and transmission, limiting the required information to that which can be captured by machine reading passports and visas, augmented by basic .ight details, is a prerequisite. To this end, IATA sees particular bene.t in co-operating with the CCC to de.ne the data and message sets for API within the UN/EDIFACT PAXLST development, and in establishing jointly agreed principles which can expand the bene.ts of automating and integrating all elements of the passenger process from origin to destination”. See infra, note 412 at point 4.2.4.
368Ibid at clause no. 4: The Customs Co-operation Council recommended a standardization for API interoperability and an objective to control costs to airlines. It also: “[...]requests Members of the United Nations Organization or its specialized agencies, and Customs or Economic Union which accept this Recommendation to notify the Secretary General of the Council of the date from which they will apply the Recommendation and of the conditions of its application. The Secretary General will transmit this information to the Customs administrations of all Members of the United Nations Organization or its specialized agencies and to Customs or Economic Unions which have accepted this Recommendation”.
stipulates that because of the increase of passenger traf.c, Customs are strained to process much more additional data when it clears border control. Furthermore, in order to prevent increase in delays, the need for ef.cient automated processing has become a necessity. This position has also been supported by IATA.369 Where API should be considered uniform electronic text capturing by the UN/Edifact PAXLST Messaging system. In fact: “API permits a very thorough and rigorous screening of inbound passengers to be carried out, targeting those that present the highest risk and allowing for the faster throughput of low risk.”370 IATA also notes the necessity to create a limitation of standardization to identify data would prevent abuse in the transfer of data. As a suggestion, the data pertaining to the .ight should consist of:
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Flight Identi.cation

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Scheduled departure date

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Last place/port of call of aircraft

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Place/port of aircraft initial arrival

V. Contracting States’ Positions
1. The United States Legislation Pertaining to API and PNR
Due to the most recent events of 2001, President George Bush signed a new American Transportation & Security Act on 25 November 2002 making mandatory API transmission and PNR access to all passengers arriving in the United States. The Department of Homeland Security will therefore ensure that the air carriers, airobia and other governmental agencies comply with this new bill.
369Ibid. at attachment clause no. 5: “IATA has constantly sought to eliminate unnecessary forms and procedures min international air transport and the abolition of the passenger manifest has been an important policy objective for the Association. Recent opportunities to automate government control processes have, however, let to a close look at the concept of API and its potential for facilitation improvements.Collection of passenger details at departure presents a problem of additional workload for airlines at point in the system where staff and facilities are frequently already stretched to maximum capacity and beyond. Consequently, carrier support of API depends heavily on there being truly realizable bene.ts for airline passengers on arrival at destination. Furthermore, given the practical cost constraints of data capture and transmission, limiting the required information to that which can be captured by machine reading passports and visas, augmented by basic .ight details, is a prerequisite. To this end, IATA sees particular bene.t in co-operating with the CCC to de.ne the data and message sets for API within UN/EDIFACT PAXLST development, and in establishing jointly agreed principles which can expand the bene.ts of automating and integrating all elements of the passenger process from origin to destination”.
　
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