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About Regulated Agent Regime
About Regulated
Agent Regime
For the security of air cargo to be in line with the Standard 4.6.4 of Annex 17 to the Convention on International Civil Aviation safeguarding aircraft
against acts of unlawful interference, the Hong Kong Aviation Security Programme which, is enforceable under the Aviation Security Ordinance, has
incorporated Regulated Agent Regime (RAR) since March 2000. The regime was formulated after consultation with the air cargo industry
representative bodies like the Hong Kong Shippers' Council, Hong Kong Association of Freight Forwarding and Logistics Limited (HAFFA), Hong
Kong International Courier Association and aircraft operators (airlines).
The three main entities under RAR are aircraft operators (airlines), regulated agents (RA) and known consignors (KC). A cargo handling agent, a
freight forwarder or a consignor of air cargo can apply for registration as a regulated agent (RA) who is required to comply with the requirements in
respect of the Regulated Agent (RA) in the Hong Kong Aviation Security Programme in order to prevent the unauthorized carriage of explosives and
incendiary devices in consignments of cargo intended for carriage by air.
Aircraft Operator
An aircraft operator (airline) is any air transport enterprise, offering or operating a scheduled international air service, as provided in Article 96 of the
Convention on International Civil Aviation or operating regular non-scheduled international flights. Under RAR, airlines can accept only:
i. consignments of cargo, courier, express parcels and mail from RA or from KC or otherwise;
ii. consignments which have been subjected to appropriate security controls acceptable by the Civil Aviation Department (CAD), and for carriage on board their passenger flights. An airline shall also ensure that a consignment of cargo accepted from RA or KC is:
i. accompanied by a full description of the contents in shipping documents (e.g. air waybills, house air waybills, cargo manifests or shipper’s
instructions) that the RA’s registration codes or KC’s recognition codes on the shipping documents have been checked;
ii. stated as unknown cargo in master air waybills in which case the consignment shall be subjected to the security controls acceptable to this
Department;
iii. checked against the description in the air waybills and cargo manifests in respect of quantity of cargo tendered and checked against any
signs of the package having been tampered with; and
iv. safeguarded from unauthorized interference after it had been received until it is loaded onto an aircraft.
In addition, the regime requires an airline to maintain a good documentation and record system under which the aforesaid shipping documents should
be kept for at least 31 days after the consignment is flown. Electronic documentation and recording are acceptable provided that hardcopies can be
made available if required.
Regulated Agent
A regulated agent (RA) is an agent, a freight forwarder or any other entity which conducts business with airlines has registered with this Department.
An RA is obliged to:
i. develop, maintain and implement a Regulated Agent Security Programme (RASP);
ii. ensure that the appropriate security controls acceptable by this Department are properly implemented upon acceptance of cargo for carriage
by air unless the consignment is from a known consignor recognized by the RA; and
iii. ensure that a consignment of cargo is safeguarded against unauthorized interference after its reception and to make best endeavours to protect
it from unauthorized interference until the consignment is accepted by another RA or an airline.
An RA shall also ensure that a consignment of cargo accepted from a KC or another RA is:
i. accompanied by a full description of the contents in shipping documents (e.g. air waybills, cargo manifests or shipper’s instructions), that
the RA’s registration code or KC’s code on the shipping documents of the consignment is checked;
ii. checked against the description in the shipping documents in respect of quantity of cargo tendered and any signs of the package having
been tampered with;
iii. declared as known cargo by checking the annotation of the tendering RA’s registration code or otherwise stated as unknown cargo on shipping documents in inter-RA handling; and
iv. safeguarded from unauthorized interference after it has been received until accepted by the next RA or an airline, or until loaded onto an aircraft.
RAs shall maintain an orderly documentation and record system as well. Documents such as air waybills, cargo manifests and relevant instructions
from consignors should be kept for at least 31 days after the consignment is flown. Electronic records are acceptable provided a hard copy can be made available if required.
Also RAs have to ensure that their staff engaged in RA operations are familiarized with and follow the Handling Procedures for Regulated Agent
Regime (RAR) which is available at:
Handling Procedures for Regulated Agent Regime (RAR)
Known Consignor
A Known Consignor (KC) is a person or any other entity which consigns cargo for transportation by air from Hong Kong and has established business
with RA or an airline on the basis of recognition on which the RA or airlines may recognize a consignor as KC by:
i. establishing and registering the identity and address of the consignor and the agent authorized to carry out deliveries on his behalf and
assigning a known consignor (KC) code to him for identification in shipping documents;
ii. requiring the consignor to enter into his business contract or sign a declaration declaring that cargo consigned by him will not contain any
explosive or incendiary device;
iii. requiring the consignor to declare that he has made his best endeavours to protect the consignments against unauthorized interference during
preparation, storage and transportation until they are received by RA or an airline and agree that the packaging and contents of the
consignment may be examined for security reasons; and
iv. requiring the consignor to declare that he employs reliable staff in preparing the consignments.
Security Control
Security control is a means by which the introduction of weapons, explosives or other dangerous devices, articles or substances which may be used to
commit an act of unlawful interference can be prevented. Under RAR, unknown cargo shall not be carried by air unless the following security controls
are applied:
i. searching it by hand or physical check; or
ii. screening it by x-ray; or
iii. screening it by trace detection equipment; or
iv. subjecting it to simulation chamber; or
v. holding it for 12 hours or flying time plus 2 hours whichever is longer if none of the above means (i. ~ iv.) can be applied.
Known Cargo
Known cargo includes:
i. a consignment of air cargo from a known consignor (KC) or a regulated agent (RA) to which the appropriate security controls have been
applied; or
ii. a consignment of unknown cargo which has subsequently been subjected to appropriate security controls.
Exempted Cargo
Certain cargoes are exempted from security controls. They include:
i. cargo designated to be carried on board cargo flights only with clear annotation made on shipping documents,
ii. transfer air cargo,
iii. human remains,
iv. live animals,
v. bona fide life-saving materials and
vi. items under 6.3mm thick.
Regulated Agent Security Programme (RASP)
The Regulated Agent Security Programme (RASP) is the document that lays down details of cargo operations of each RA for compliance with the
RAR. It also serves as a reference document to its staff hence it should be updated regularly to reflect the prevailing operations of the RA. This
Department requires each air cargo agent which applies for registration as RA to submit, implement and maintain a Regulated Agent Security
Programme (RASP) via a duly completed RA Registration Application Form which is available from the link below:
Application for Registration as Regulated Agent
Certain changes of RA’s particulars are significant to the operations of the RAR, such as the removal of warehouse, change of warehouse contractors,
alteration in cargo operations procedures, change of RA personnel etc. If RA makes such changes, it should provide the related information to this
Department immediately by submitting a filled-in form called “Notification of Change of Company Particulars?which can be downloaded at:
Notification of Change of Company Particulars
Failure to report the changes of them may lead to
suspension of RA’s registration.
Enquiries on RAR should be made to our officers through the following telephone numbers.
2182 1492 / 2182 1207 / 2261 2183