2 FAM 900
MISCELLANEOUs
2 FAM 910
ECONOMIC AFFAIRS
(CT:GEN-459; 08-04-2016)
(Office of Origin: EB)
2 FAM 911 POLICY, RESPONSIBILITies, AND
AUTHORITY
2 FAM 911.1 Economic Activities
Abroad
2 FAM 911.1-1 Policy
(CT:GEN-356; 04-07-2009)
a. A principal mission of U.S. embassies and posts
abroad is to promote the international economic security of the United
States. U.S. ambassadors promote general U.S. international economic
objectives and specific commercial objectives by directing the activities of
Foreign Service Officers and the personnel of other agencies assigned to our
embassies toward these goals. State Department/post economic sections and
officers influence foreign governments legal and policy environments as they
affect U.S. economic and commercial interests.
b. It is Department policy to work closely with the
employees of other agencies stationed abroad (Foreign Agriculture Service,
Foreign Commercial Service, Department of Transportation/Federal Aviation
Administration, etc.).
2 FAM 911.1-2 Responsibilities
(CT:GEN-396; 07-24-2012)
a. In close coordination with participants in the
Washington D.C.-based interagency economic policy process, post economic sections:
(1) Negotiate specific agreements with foreign
governments and international organizations (compare 11 FAM 700, Treaties and
Other International Agreements);
(2) Advocate foreign government policies that improve
market access for U.S. firms;
(3) Seek to ensure equitable treatment of private U.S.
investors and investments abroad;
(4) Monitor a wide range of bilateral and multilateral
economic accords covering areas such as intellectual property rights and
commercial aviation; and
(5) Inform agencies Washington, D.C. headquarters of
foreign government positions in negotiations.
b. In conjunction with the personnel of other agencies,
particularly the Foreign Commercial Service (FCS), State economic officers
actively support the commercial goals of U.S. firms abroad.
c. Post economic sections report on issues of direct
policy interest to the United States when accurate, reliable, timely and
cost-effective information is unavailable from non-U.S. Government sources.
d. Within the State Department in Washington, D.C., the
Under Secretary of State for Economic Growth, Energy, and the Environment and
the Assistant Secretary for Economic and Business Affairs advise the Secretary
of State on international economic issues, represent the Secretary of State in
the inter-agency U.S. Government international economic policy process, provide
guidance and support for our posts abroad on issues that fall within their
authority and negotiate specific agreements with foreign governments and
international organizations. See also 1 FAM 420,
Bureau of Economic and Business Affairs.
2 FAM 911.1-3 Authorities
(CT:GEN-356; 04-07-2009)
a. State-Agriculture Agreement on Foreign Agricultural
Activities dated April 1, 1955 (1 FASR 2).
b. State-Commerce Memorandum of Understanding of
September 26, 1979.
2 FAM 912 Aircraft accidents
2 FAM 912.1 Scope, Authority, and
Responsibilities
(CT:GEN-396; 07-24-2012)
a. While the responsibility for civil aviation accident
investigation rests primarily with the National Transportation Safety Board
(NTSB), it is Department policy that State Department personnel at posts abroad
will provide certain reporting as outlined in this subchapter.
b. The Office of Transportation Policy (EB/TRA/OTP)
coordinates these activities for the Department of State.
2 FAM 912.2 Definitions
(CT:GEN-356; 04-07-2009)
Accident: An aircraft
related occurrence in which a person is fatally or seriously injured, the
aircraft is substantially damaged or the aircraft is missing.
Annex 13 to the Chicago Convention:
An Annex to the Convention on International Civil Aviation (the Chicago
Convention), which provides the international requirements (known as
Standards and Recommended Practices) for the investigation of aircraft
accidents and incidents.
Chicago Convention: Term
for the Convention on International Civil Aviation (Chicago, 1944), the
founding document of the International Civil Aviation Organization (ICAO).
Incident: An occurrence,
other than an accident, associated with the operation of an aircraft which affects
or could affect the safety of operation.
State of Design: The
State having jurisdiction over the organization responsible for the type
certificate (design) of an aircraft.
State of Manufacture: The
State having jurisdiction over the organization responsible for the final
assembly of the aircraft.
State of Occurrence: The
State in the territory of which an accident or incident occurs.
State of Registry: The
State in which an aircraft is registered.
State of the Operator:
The State in which the aircraft operators principal place of business is
located, or, if there is no such place of business, the operators permanent
residence.
2 FAM 912.3 U.S. Participation in
Civil Aircraft Accident and Serious Incident Investigation
(CT:GEN-396; 07-24-2012)
a. The National Transportation Safety Board (NTSB) is
established by Congress as the independent accident investigation agency of the
United States (Independent Safety Board Act of 1974). The Safety Board is
responsible for the investigation and determination of probable cause of every
domestic civil aviation accident and significant accidents in other modes of
transportation. It also participates, when entitled under Annex 13 to the
Chicago Convention, in foreign governments investigations of aviation
accidents and serious incidents involving U.S. citizens, operators, or
aircraft. The NTSB consists of five members appointed by the President
and is supported by a technical investigation staff in Washington, D.C. and by
investigators in regional offices throughout the United States.
b. When a civil aviation accident or serious incident
occurs in a foreign country that is a party to the Chicago Convention, Annex 13
to the Convention requires that the host government designate an
Investigator-in-Charge and to institute an investigation immediately into the
circumstances of the accident or serious incident. Although the State of
Occurrence of the accident is responsible for and in most cases conducts the
investigation, the State of Occurrence, with mutual arrangement, may delegate
the whole or any part of the conduct of the investigation to another State.
c. In the case of accidents or serious incidents
occurring outside the territory of any state (international waters), the State
of Registry is responsible to conduct the investigation. However it, too,
with mutual arrangement, may delegate the whole or any part of the conduct of
the investigation to another State.
d. The States of Registry, Operator, Design and
Manufacture have the right to name an accredited representative to participate
in investigations as specified in Annex 13 to the Convention. NTSB
designates the accredited representatives from the technical investigator
staff.
e. The right of a State to send an accredited
representative also includes the right to appoint technical advisers.
Advisers may include representatives of the carrier, the Federal Aviation
Administration (FAA), the manufacturer of the aircraft and/or its major
components, the professional aviation associations, and others. Advisers
will remain under the supervision and control of the accredited
representative. Their participation in the investigation is limited to
the extent necessary to enable the accredited representative to provide
beneficial service.
f. Consistent with available resources, mission
personnel should provide requested assistance to the U.S.-accredited
representative and his or her technical advisers. The Department, acting
upon advice received from NTSB or the host country, will make every effort to
define by appropriate communications the assistance required prior to the
arrival of the accredited representative and advisers.
2 FAM 912.4 Notifying the
Department of Aviation Accidents and Serious Incidents
2 FAM 912.4-1 Types of Reports
(CT:GEN-396; 07-24-2012)
Posts filing reports on aviation accidents or serious
incidents should send via cable, or electronic mail when appropriate, all
available information immediately to the Office of Transportation Policy
(EB/TRA/OTP). Reports are required if the accident involves:
(1) U.S.-registered, -operated, -designed and/or
-manufactured aircraft; and/or
(2) Foreign-registered, -operated, -designed and/or
-manufactured aircraft with U.S. citizens on board.
2 FAM 912.4-2 Notification
Formats
(CT:GEN-396; 07-24-2012)
In transmitting notifications of aviation accidents and
incidents to the Department for distribution to the NTSB, the FAA, and other
U.S. agencies, as appropriate, use the standard format shown in the numbered
subparagraphs of this section below. The initial notification should
include the following information (if the information pertinent to a particular
entry is not available initially, that entry should read Not Available):
(1) The identifying abbreviation ACCID (for
accident):
(2) Aircraft type, make and model;
(3) State of manufacture and registration information
(i.e., country of registration and registration marks);
(4) Name and nationality of the pilot-in-command,
owner, operator, and charterer, if any;
(5) Date and time (GMT) of the accident;
(6) Last point of departure and point of intended
landing;
(7) Position of the aircraft with reference to some
easily defined geographical point and to latitude and longitude;
(8) Numbers of crew and passengers; numbers of those
killed or seriously injured;
(9) Nature of the accident (observable facts, e.g.,
aircraft overran runway during take-off or landing, crash-landed following a
bird strike, hard landing after landing gear collapsed, engine failure or fire
during flight, collision while taxiing, etc.) and the extent of damage to the
aircraft, so far as is known, e.g., cracked fuselage, total loss, destroyed;
(10) Whether the State of Occurrence intends to conduct
an accident inquiry; and whether there are any concerns with NTSB participation
in the accident inquiry in the case of a U.S.-Registered, -Operated, -Designed,
or -Manufactured aircraft;
(11) Physical characteristics of the accident location;
and
(12) Any additional information as required by
Department interests to be included as Remarks in the notification message.
2 FAM 912.5 Foreign Government
Accident Reports
(CT:GEN-371; 07-21-2010)
If appropriate, post should assist with communications
regarding preliminary, interim and final accident reports to ensure that
queries are directed to the appropriate and responsible accident investigation
authorities of the State responsible for the investigation. If requested, post
should assist as necessary to ensure required reports are delivered to the
NTSB in a timely manner.
2 FAM 913 VIOLATION OF FOREIGN AVIATION
REGULATIONS
(CT:GEN-459; 08-04-2016)
Alleged violations of foreign aviation laws or regulations
reported by foreign authorities and which involve U.S.-registered aircraft
and/or U.S. FAA-certified pilots and crew should be transmitted to the FAA
field or regional office with information copies to the appropriate FAA region
and Department of State, Attn: EB/TRA/OTP. To facilitate the
investigation, it is important that the allegation include as much of the
following information as possible:
(1) Aircraft registration;
(2) Aircraft type, make, and model;
(3) Aircraft operator (name and nationality of pilot
and air carrier);
(4) Date, time, and location of incident;
(5) Airport arrival/departure data;
(6) Purpose of flight;
(7) Narrative account; and
(8) Quotation of the foreign law(s) or regulation(s)
violated.
2 FAM 914 THROUGH 919 UNASSIGNED