Part 108

Part 108 of the Civil Aviation Regulations was implemented on 1 July 2009. Part 108 applies to all persons engaged in the acceptance, forwarding, storage and carriage of cargo by air.

As from 01 July 2009, in terms of cargo, air carriers will only be allowed to upload “known cargo”. “Known cargo” means a consignment to which the appropriate security controls, prescribed by Part 108, have been applied. In essence an air carrier must receive cargo from a Regulated Agent who has applied the appropriate security controls and hands the cargo over to the air carrier as “known cargo”.

Under Part 108, air carriers are required to safeguard cargo whilst on the ramp prior to loading on board an aircraft and must also check that cargo consignments are visually inspected to ensure that they have not been tampered with.

Regulated Agents will hold a certificate of approval issued by the Civil Aviation Authority and Known Consignors will hold a certificate of accreditation issued by the Civil Aviation Authority.

A Regulated Agent is required to appoint a Designated Official that will be responsible for the implementation, application and supervision of the security controls as prescribed under Part 108. Regulated Agents are required to draw up a security manual that sets out the manner in which such regulated agent will operate. The security manual must be approved by the Civil Aviation Authority.

The duties of a Regulated Agent will include safeguarding cargo against acts of unlawful interference and applying security controls, which will include the screening of 100% of unknown cargo and 10% of cargo received from Known Consignors. Personnel involved in the handling of cargo or cargo documentation will be required to undergo prescribed training and must be subjected to background checks.

Known Consignors will be required to pack and secure their cargo on secure premises and protect the cargo against unlawful interference. Cargo will be required to be sealed with tamper evident seals and personnel involved in the handling of cargo or cargo documentation will be required to undergo prescribed training and must be subjected to background checks.

Approved Regulated Agent sites have already crossed the 150 mark and we observe a constant growth in entities obtaining Known Consignor status.

A Part 108 Subcommittee to the Industry Liaison Forum was established and the then Commissioner of Civil Aviation announced its existence during an Industry Liaison Committee meeting held on 20 January 2009. As part of its functions, the Committee will allow for an extended consultation process with the industry, as well as consideration of the issues of regulations and technical standards amendments on an ongoing basis.

In line with international best practice and as a service to the industry, guidance material is being made available to both Regulated Agent as well as Known Consignor applicants in preparation for compliance with Part 108. More information relating to Part 108 is also available from the Air Cargo Security Pages of the CAA website.