Security Law And Defense Of The Airspace

Original Language Title: LEY DE SEGURIDAD Y DEFENSA DEL ESPACIO AÉREO

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law no 521

APRIL 22, 2014 LAW

EVO MORALES AYMA

CONSTITUTIONAL PRESIDENT OF THE PLURINATIONAL STATE OF BOLIVIA

For the Plurinational Legislative Assembly, it has Sanctioned the following Act:

THE PLURINATIONAL LEGISLATIVE ASSEMBLY,

D E C R E T A:

AIR SPACE SECURITY AND DEFENSE LAW

UNICO CHAPTER

GENERALATIONS

ARTICLE 1. (OBJECT). This Law aims to establish and regulate measures, actions and

procedures for the control, surveillance and defense of the airspace of the Plurinational State of Bolivia in the exercise of its sovereignty.

ARTICLE 2. (REACH). This Law applies to all objects, appliances and civil aircraft,

nationals and/or foreign nationals who are operating in the territory and airspace of the Plurinational State of Bolivia.

ARTICLE 3. (PURPOSE). This Law aims to prevent security and to exercise sovereignty and

defense of the airspace of the Plurinational State of Bolivia, establishing the procedures for the interception of civil aircraft and the use of the force against aircraft declared infringing, illicit or hostile.

ARTICLE 4. (AIR CIRCULATION).

I. The Plurinational State of Bolivia exercises sovereignty over the airspace that covers its territory and the air circulation

within this, through the control of the airspace carried out by the Command of Security and Defense of the Space Air.

II. Within the framework of the provisions of this Law, security measures, procedures for the interception of civil aircraft, measures that make up the security of civil aviation against acts of unlawful interference shall apply. Measures of defense by the Plurinational State of Bolivia.

ARTICLE 5. (AIRCRAFT IN THE AIR CIRCULATION). The State exercises the right to require the

landing of any civil aircraft flying over the Bolivian airspace; when, for reasonable reasons, it is determined that it is not entitled to do so, it does not have permits or authorizations ARTICLE 6. The corresponding, or established, that its activity is incompatible with international and domestic civil aviation standards.

ARTICLE 6. (INFRINGING, ILLICIT AND HOSTILE AIRCRAFT).

I. For the purposes of this Act, the following classification is set:

Infringing Aircraft. They are aircraft which, by their voluntary or involuntary conduct, modify their original flight plan without notifying air traffic control; they violate or do not comply with aeronautical regulations; or they fail to comply with orders and provisions of the air traffic controllers. These may be forced to land by orders or intercepts, according to procedures established in the relevant aeronautical regulations.

Illicit Aircraft. These are aircraft that are grounded or in flight, carry out activities for purposes incompatible with international civil aviation standards; violation of airspace or criminal activity. These aircraft may be required to land by order or interception in order to carry out the relevant legal proceedings. Infringing aircraft may be declared unlawful when they refuse to comply with orders and regulatory provisions.

Hostile Aircraft. These are aircraft that show obvious actions of aggression, threat or Attempt to escape. Likewise, those aircraft that are declared illicit refuse to land or to comply with orders or provisions.

II. All flight within the national airspace of any hostile aircraft will be interpreted as a threat to the

State Security and a violation of the security and sovereignty of the Plurinational State of Bolivia.

ARTICLE 7. (AIR SPACE SECURITY AND DEFENSE COMMAND).

I. The Air Space Security and Defense Command is created, which will establish the operating procedures of the

comprehensive national air defense and security system and the space surveillance and control system. air; for the detection, identification and interception of aircraft, as well as for the declaration of an infringing, illicit or hostile aircraft, with the corresponding application of preventive, deterrent, coercive and/or reactive actions on these.

II. The Minister of Defense will designate, upon official communication to the Presidency of the Plurinational State of Bolivia,

to the Commander of Security and Defense of the Air Space of a terna proposed by the General Command of the Air Force, which will fall on a higher ranking officer.

III. The Commander of Security and Defense of the Air Space, constitutes the maximum determining authority that

authorizes the use of force or repression of declared hostile aircraft, once verified and completed the procedures they give legality to the decision.

ARTICLE 8. (TECHNICAL AND OPERATIONAL COORDINATION COUNCIL).

I. This Council will be integrated by:

Bolivian Air Force-FAB .

General Directorate of National Airport Security-DIGESNA.

Administration of Airports and Auxiliary Services to AASANA Air Navigation.

Directorate General of Civil Aeronautics-DGAC.

And others that are considered necessary.

II. The Air Space Security and Defense Command will be at the head of the Technical-Operational Coordination Council.

III. This Council will contribute to the elaboration of the regulations and propose the operating procedures of the

this Law.

ARTICLE 9. (INTERCEPTION OF AIRCRAFT).

Civil aircraft interception procedures

be executed for the purpose of identifying, providing assistance, forcing you to return to your route or forcing you to land, as appropriate, according to established procedures. in the corresponding Bolivian Aeronautical Regulations.

ARTICLE 10. (LEGITIMATE DEFENSE). The Plurinational State of Bolivia recognizes as legitimate defense,

the preventive, deterrent, coercive and reactive actions, applied to the infringing, illicit or hostile civil aircraft, as appropriate agreement to the levels of use of force.

ARTICLE 11. (REPRESSION OF HOSTILE AIRCRAFT). Agotadas the preventive measures and actions,

deterrents and enforcement of declared hostile aircraft, upon warning, these are subject to the reactive measures and actions consistent with the use of force, by physical aggression or repression against the aircraft, the result of which may manifest in damage, shoot down or destruction of the aircraft, as a right to the legitimate defence of the State, according to procedures established by the Air Space Security and Defense Command, when appropriate as the last defense resource.

ARTICLE 12. (MEDIA AND RESOURCES).

The Plurinational State of Bolivia, through the Bolivian Air Force-FAB and the ministry of Airports and Auxiliary Services to Navigation and Air-AASANA, will have necessary and sufficient radars for the Detection, identification and interception of aircraft; and communication systems.

II. The sustainability budget that demands the operations of the Space Security and Defense Command

through resources generated by the Airports and Services Administration Auxiliaries to the Air-AASANA Navigation, the Directorate General of Civil Aeronautics-DGAC and the budgets of the Ministry of Defense and the Ministry of Government, as well as inter-institutional agreements and other sources of financing, according to a regulation.

ARTICLE 13.

CIVILIAN AIRCRAFT IN DRUG TRAFFICKING ACTIVITIES).

civilians caught in drug trafficking activities will be directly seized in favor of the Forces

Armed; in the same way those who were arrested and established their connection with drug trafficking, determined by competent authority, prior legal processes; except for the seizure, the aircraft that develop their activities in commercial air lines, which, if used for illicit drug trafficking activities, will be the legal representatives of these, who will undergo corresponding legal proceedings.

ARTICLE 14. (COOPERATION AGREEMENTS). The State may subscribe to treaties and/or conventions of

international cooperation with countries and institutions for the purpose of this Law.

TRANSIENT provisions

FIRST. The regulations will be carried out by the Executive Body, through the Ministry of Defense in

coordination with the Technical-Operational Coordination Council, within one hundred and eighty (180) days. of the publication of this Law.

SECOND. For compliance Article 12 of this Law empowers the Executive Body to acquire

from radars and communication systems, as it is a security and defence issue of the State.

FINAL DISPOSITION

ONLY.

I. The Ministry of Defense will proceed with the necessary efforts to implement and improve the

Integral System of Surveillance, Control and Defense of the Air Space.

II. The Minister of Defense is in charge of compliance with this Law.

Remit to the Executive Body, for constitutional purposes.

It is given in the Session Room of the Plurinational Legislative Assembly, eight days later. of the month of April two

thousand fourteen years.

Fdo. Eugenio Rojas Aapza, Javier Eduardo Zavaleta Lopez, Efrain Condori Lopez, Roxana Camargo Fernandez,

Carlos Aparicio Vedia, Angel David Cortes Villegas.

Therefore, I enact it so that it has and will comply as the Law of the Plurinational State of Bolivia.

Palace of Government of the city of La Paz, at the twenty-two days of the month of April of the year two thousand fourteen.

FDO. EVO MORALES AYMA, David Choquehuanca Cespedes, Juan Ramón Quintana Taborga, Carlos

Gustavo Romero Bonifaz, Ruben Aldo Saavedra Soto, Amanda Davila Torres.