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Civil Aviation Act, 2009 (Act No. 13 of 2009)

Regulations

Civil Aviation Regulations, 2011

Part 108 : Air Cargo Security

Subpart 2 : Duties and Functions of Regulated Agents and known Consignors

108.02.1 Duties of regulated agents

 

(1)        A person approved by the Director as a regulated agent shall—

(a) maintain records of shipping documents regarding the transport and handling history in accordance with the requirements of Document SA-CATS 108;
(b) ensure that, after the receipt of known cargo, and whilst such cargo is under his or her control, it is safeguarded from unlawful interference in accordance with the security measures stipulated in the security manual, referred to in subregulation 108.01.2;
(c) ensure that the acceptance and handling of cargo and shipping documentation is done by trained personnel, who have received job-specific cargo security training, as specified in Part 109;
(d) apply security controls including physical checks or screening in the manner prescribed in Document SA-CATS 108, for the purpose of determining whether consignments of cargo contain any explosives, incendiary devices or any other prohibited or harmful articles which may be used to commit acts of unlawful interference
(e) maintain records of screening applied to cargo;
(f) ensure that known cargo is sealed with tamper-evident seals or packed in tamper-evident packaging and that such seals or packaging are intact;
(g) label or mark known cargo in the manner as prescribed in Document SA-CATS 108;
(h) check, verify and record the identity of persons tendering cargo;
(i) conduct background checks on all personnel recruited for accepting all cargo and processing shipping documentation and storing, forwarding and/or handling of known cargo intended for carriage by air;
(j) conduct criminal record checks every 24 months on all personnel employed in the adherence of all cargo and processing shipping documentation and storing, forwarding or handling or known cargo intended for carriage by air;
(k) ensure that each consignment of known cargo is accompanied by a consignment security declaration in the manner prescribed in Document SA-CATS 108;
(l) ensure that enhanced security measures, such as dual screening methods, are applied to high-risk cargo or mail;
(m) when accepting consignments to which not all required security controls have previously been applied, ensure that such consignments are screened in terms of this Part; and
(n) ensure that known cargo is kept segregated from unknown cargo; and
(o) ensure periodical verification that security measures outsourced to external service provider are implemented in compliance with a regulated agent's security program;
(p) apply random and unpredictable controls to shipments lodged as known cargo;
(q) ensure the use of appropriate screening methods that are capable of detecting the presence of explosives and explosive devices carried by visitors and staff on their persons or in their carried items;
(r) where the methods referred to in paragraph (q) are not applied continuously, shall ensure they are used in a random and unpredictable manner;
(s) develop, implement, and promote measures and mechanisms that contribute to establishing a security culture in their organisation; and
(t) submit a security culture program as prescribed in Document SA-CATS 108 for approval by the Director.

[Regulation 108.02.1(1) substituted by regulation 5(a) of Notice No. 5008, GG50880, dated 28 June 2024 (Twenty-Ninth Amendment of the Civil Aviation Regulations, 2024)]

 

(2) All regulated agents who conduct business with and receive known cargo from known consignors shall verify that the known consignor is a holder of a known consignor accreditation certificate issued in terms of this Part.

 

(3) A regulated agent shall –
(a) conduct its operations in accordance with the approved security manual at all times;
(b) endorse its unique identifiable approval number on shipping documentation; and
(c) apply measures to mitigate threats of cyber-attacks.