LETTER TO WILLIAM WEBSTER FROM JOHN L. BAKER

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP90G01353R000200190022-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 12
• Document Creation Date: December 27, 2016
• Document Release Date: November 8, 2012
• Sequence Number: 22
• Publication Date: December 31, 1987
• Content Type: LETTER

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.THE FOLLOWING DOCUMENTS
ARE ATTACHED:
(please do not remove)
EL O///X - 40 '
r77- /2 ZZ
SUBJECT:
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DDCI
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NIO/NARC
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ACTION
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DATE!
Exec ,ve Secretary
13 Jars tgo
3637 STAT
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AM
ER 0111 X-88
ARtCRAFT OWNBtS & PILOTS ASSOCIATION
421 Aviation Way, Frederick Municipal Airport, Frederick, MD 21701, Telephone [phone]/Telex 89-3445
December 31, 1987
Mr. William Webster
Director
Central Intelligence Agency
Washington, D.C. 20505
The Aircraft Owners and Pilots Association (AOPA), on behalf of its 260,000
members, vehemently opposes the National Drug Policy Board (NDPB) Issue
Paper #3 (see attachment), which would authorize the United States Customs
Service (USCS) and the United States Coast Guard (USCG) to use deadly force in
the apprehension of aircraft suspected of illegal drug trafficking.
This proposal clearly violates a 1984 amendment to the Convention on
International Civil Aviation treaty which states that governments "must
refrain from resorting to the use of weapons against civil aircraft in flight
and that in case of interception the lives of persons on board and the safety
of aircraft must not be endangered."
In addition, AOPA believes there are applicable provisions of due process
clauses and potential civil rights infringements which this suggested policy
treats with contempt. Recognizing this, it is important to note that,
according to a recent article in the Washington Post, both the Department of
Transportation (DOT) and the Federal Bureau of Investigation (FBI) are opposed
to Issue Paper #3 as are all civil users of the airspace.
While we support all reasonable legislation aimed at reducing the flow of
illegal drugs into the United States, we strongly object to any policy that
fails to protect the innocent. Issue Paper #3 lacks adequate direction to
ensure the safety of innocent people on or near a suspect aircraft. This
proposal does not provide direction which would ensure the safety of
undercover federal agents, hostages on a suspect aircraft or persons
navigating in waters below the aircraft. It does not consider the potential
for mistaken aircraft identification under emergency or unique situations.
In accordance with Federal Aviation Regulation 91.13, it is lawful to drop
objects from an aircraft as long as "reasonable precautions are taken to avoid
injury or damage to persons or property." Wildlife and ocean research often
entail the dropping of nets, sonar, and other equipment into the water.
Aircraft aiding commercial fisherman drop marking equipment such as dyes and
buoys. In view of these few examples, it is unrealistic to automatically
Cable Address: AOPA Frederick, MD. Member: International Council of Aircraft Owner and Pilot Associations.
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Mr. William Webster
Page 2
December 31, 1987
assume that objects being dropped from an aircraft contain drugs or illegal
contraband.
We doubt that placing final authority to fire with a higher command outside
the apprehending aircraft is sufficient to ensure the safety of persons
on-board or near a suspect aircraft. In fact, we believe this recommendation
to be totally impracticable for three main reasons. First, communications
from low altitudes out over the water may be impossible. Secondly,
communications required to obtain permission to fire on suspect aircraft would
be detailed and lengthy and still could not ensure positive aircraft
identification to avoid a potentially fatal mistake. Thirdly, USCS
Headquarters has denied several recommendations to increase efficiency and
effectiveness because the suggestions required additional funds or manpower
which were reportedly unavailable. Creating additional command positions to
provide the authority to fire on suspect aircraft will further tax Customs's
limited resources.
While we believe drug traffickers must be dealt with harshly, we are concerned
that the firing of airborne weapons against suspected drug traffickers may
initiate or escalate the use of weaponry by such elements against federal
agents and even the civilian public. It is conceivable that persons involved
in the business of illegal trafficking will be willing to return gun fire with
comparable or heavier weaponry. They may also undertake threatening innocent
aircraft flying nearby if perceived to be law enforcement aircraft because of
their proximity.
We support procedures and requirements that will help the USCS and the USCG
identify and capture drug traffickers. Present rules require aircraft
entering the U.S. to:
1. Communicate with air traffic control in accordance with ICAO rules.
2. Receive a discreet transponder code from air traffic control.
3. File a DVFR or an IFR flight plan.
4. Provide one-hour prior notice to border crossing.
5. Land at the first airport of entry when arriving from points
south of 30 degrees latitude.
The USCS apparently believes that these requirements are not sufficient to
accomplish their assigned mission. Instead, they have elected to recommend
the use of deadly force in lieu of examining other options. We suggest that
Customs work more closely with the FAA air traffic control managers in
developing airspace routes, corridors, and specific reporting points. These
requirements will make identification of all aircraft easier for USCS and the
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Mr. William Webster
Page 3
December 31, 1987
USCG. In addition, the present aerostat and automation programs coupled with
the present FAA transponder-on rule will provide identification of any
aircraft not on the prescribed routes.
We support the use of appropriate force in the the apprehension of suspected
drug smugglers. However, we cannot support Issue Paper #3 which would allow
the USCS and the USCG to shoot at and into civilian aircraft. We urge you to
consider alternative actions for the apprehension of drug traffickers.
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National Drug Policy Board (NDPB) Issue Paper #3
Should the NDPB endorse a legislative proposal that would provide the U.S.
Customs and Coast Guard with the authority to use appropriate force to
compel airborne drug traffickers to comply with instructions to land their
aircraft?
2. Discussion
The Interdiction Implementation Plan (TIC) sets forth a proposal which
would provide the Customs Service and the Coast Guard the authority to use
appropriate force to compel a suspected smuggling aircraft to comply with
instructions to proceed to a designated landing site. Such authority
would authorize the firing of weapons as a warning and, if necessary, to
fire into the aircraft to ensure compliance.
Currently smugglers are conducting air drops or brief landings to transfer
narcotics to boats or vehicles. On most occasions, apprehension is not
possible because the aircraft ignores orders to land, and the aircraft
eludes arrest by returning to safe-haven countries. As a result, the
smugglers are able to operate with virtual immunity from apprehension.
r-
Proposed guidelines for implementation would include criteria similar to
those currently used for international maritime apprehensions, for example:
o A public announcement to advise private aircraft operators who fly
across our borders of the requirement to obey the instructions of U.S.
law enforcement air crews to land their aircraft where directed. This
announcement would further delineate the use of force ,Co ensure
compliance.
o A requirement to verify the aircraft as U.S.-registered or a stateless
aircraft observed dropping or transferring bundles (presumed to be
narcotics or other contraband).
o Stringent policies and procedures for excercising this authority with
the firing of weapons to occur only when all other means of compelling
compliance have been exhausted.
o A requirement that the final authority to fire rests with a higher
authority (outside the apprehending aircraft).
o A requirement that the smuggling aircraft be over water prior to the
use of deadly force.
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The Department of Transportation and FBI have objected to the implementation
of such a policy. Transportation notes that the alleged illegal act falls
well short of a imminent threat to national security or to the lives of law
enforcement officers and therefore does not justify actions which could result
in the downing of an aircraft and the death of its occupants. The FBI also
objects, noting that the use of deadly force should be reserved for
self-defense and the defense of others and that the use of force against
aircraft exceeds existing standards.
Notwithstanding these objections, the State Department, the Defense
Department, as well as the customs Service and the Coast Guard have indicated
their support, noting that the very existence of the authority would be a
major deterrent to smugglers and that the actual firing of weapons would be a
rare event.
The Law Enforcement Coordinating Group would be responsible for the
preparation of an NDPB Policy Directive and the specific legislation for final
NDPB approval.
3. Options
A. The NDPB supports this legislative. proposal and directs the
Interdiction Committee through the Enforcement Coordinating Group to
finalize language for referral to OMB and eventually to the Congress.
B. The NDPB does not support the use of appropriate force against
airborne smugglers.
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MROMM
AM
A RCRAFT OWNERS & POTS ASSOC AflON
421 Aviation Way,
Frederick, MD 21701
714.
Mr. William Webster
Director
Central Intelligence Agency
Washington, D.C. 20505
~
X988 ?... v.
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ROUTING SLIP
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SUSPENSE
3637 (10-81)
STAT
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x
/
BUSINESS AIRCRAFT
ASSOCIATION, INC.
R
g-Too-w= NATIONAL !0 r )l 11
1
January 7, 1987
The Honorable Edwin Meese, III
Attorney General of the United States
United States Department of Justice
10th and Constitution Avenue
Washington, D.C. 20530
Dear Mr. Attorney General:
1200 Eighteenth Street NW
Washington, DC 20036
Telephone: [phone]
Telex: 904-186
The National Business Aircraft Association (NBAA) represents business
aviation in the U.S. and is comprised of 2900-plus member companies that
operate more than 5100 aircraft to provide American business with air
transportation services. These organizations' inturn provide aviation
services to another 2500 of their affiliate and subsidiary organizations --
this totals over 5400 U.S. firms. Within the membership is found eight-five
percent of the Fortune 500 industrial companies. A significant number of the
total membership also operate internationally to the direct benefit of the
U.S. balance of trade.
We are terribly concerned by the proposals contained in the National
Drug Policy Board Issue Paper #3, that would authorize the use "appropriate
force to compel airborne drug trafficker to comply with instructions to land
their aircraft." -
It is reprehensible that the United States government could deem as
"appropriate force" the authorization of any federal agency to use "deadly
force" even to interdict drug smugglers.
We firmly support all reasonable efforts (commensurate with the crime)
to interdict illegal narcotics, but are becoming increasingly concerned by
the questionable approaches being utilized. At times there efforts exceed
what is reasonable.
In May, 1984, the Assembly of the International Civil Aviation
Organization (ICAO) drafted a protocol, in the wake of the shooting down of
Korean Airlines Flight 007, that referenced the "elementary considerations of
humanity... safety and the lives of persons on board a civil aircraft..." in
an effect to amend the Chicago Convention on International Civil Aviation.
The "Article 3 bis", paragraph (a) stated in part "...every State must
refrain from resorting to the use of weapons against civil aircraft in flight
and that, in case of interception, the lives of persons on board and the of
safety of aircraft must not be endangered..." We strongly support this.
The ongoing lack of dependable communications links at all levels within
and between U.S. Customs/U.S. Coast Guard and the civil aviation community is
but one of the many problems envisioned with the proposals. They also
overlook the psychology of the parties involved - both the smuggler and the
interdictor. The proposals also overlook the fact that the great and vast
majority of flights crossing U.S. borders are totally legitimate and those
that are not would only be inspired to use "deadly force" in return.
member of i~:/q c International business aviation council, ltd. -
/.r
,8r. 2 /3
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The proposal would place the judgement of guilt upon a less than impartial
participant of the interdiction effort and be counter to our basic rights of
being presumed innocent until proven guilty.
We support Customs present efforts as they apply to the southern border,
but would point out that they have yet to publish many of changes in
procedure and law initiated in the past two years in such a manner as to make
it available in print either to the user community or in some cases their own
representatives. During this time we have supported additional budget for
the Service so that it might better implement its regulations, but have met
with resistance. Hence, we doubt that their resources would be able to
accommodate the additional high level of management required even if those
efforts were reasonable - which they are not.
Finally, and on a parallel subject, we wish to record our strenuous
objection to U.S. Customs proposal to mark U.S. Passports of non-convicted
smugglers of drugs. It's basic assumption is flawed in that it assumes that
most major smuggling efforts intentionally stop to clear custom inbound and
secondly that our judicial system'should use "branding" of passports as a.
punishment - neither is the case.
We offer to assist in the development of rational approaches to the U.S.
drug problem, but cannot accept proposals that endanger the innocent or brand
those whom have not had the full protection of the law.
dhathan Howe
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NATIONAL BUSINESS AIRCRAFT L-P ?
ASSOCIATION, INC. `
1200 Eighteenth Street NW gg ?08a"" Q
Washington, D.C. 20036
Mr. William H. Webster
Director
Central Intelligence Agency
Washington, DC 20505
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