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by S. A. Fry, Vice Admiral, U.S. Navy,
Director, Joint Staff
See PDF here:
J-3
DISTRIBUTION: A, B, C, J, S
CJCSI 3610.01a
1 June 2001
AIRCRAFT PIRACY (HIJACKING) AND DESTRUCTION OF DERELICT AIRBORNE OBJECTS
References: See Enclosure D.
1. Purpose. This instruction provides
guidance to the Deputy Director for Operations (DDO), National Military
Command Center (NMCC), and operational commanders in the event of an
aircraft piracy (hijacking) or request for destruction of derelict
airborne objects.
2. Cancellation. CJCSI 3610.01, 31 July
1997.
3. Applicability. This instruction
applies to the Joint Staff, Services, unified commands, and the US
Element, North American Aerospace Defense Command (USELEMNORAD).
4. Policy.
a. Aircraft Piracy (Hijacking) of Civil
and Military Aircraft. Pursuant to references a and b, the
Administrator, Federal Aviation Administration (FAA), has exclusive
responsibility to direct law enforcement activity related to actual or
attempted aircraft piracy (hijacking) in the “special aircraft
jurisdiction” of the United States. When requested by the Administrator,
Department of Defense will provide assistance to these law enforcement
efforts. Pursuant to reference c, the NMCC is the focal point within
Department of Defense for providing assistance. In the event of a
hijacking, the NMCC will be notified by the most expeditious means by
the FAA. The NMCC will, with the exception of immediate responses as
authorized by reference d, forward requests for DOD assistance to the
Secretary of Defense for approval. DOD assistance to the FAA will be
provided in accordance with reference d. Additional guidance is provided
in Enclosure A.
b. Aircraft Piracy (Hijacking) Preventive
Measures for Military and Military Contract Aircraft. Reference c
outlines general policy and authority of military commanders to protect
and secure property under their command. References f and g provide
policy and guidance for commanders on dealing with terrorism, and
information for reducing vulnerability of DOD personnel, their family
members, facilities, and materiel to acts of terrorism. Additional
guidance is provided in Enclosure B.
(1) A concerted effort will be made to
prevent piracy (hijacking) of military or military contract aircraft by
initiating security measures designed to minimize vulnerabilities and by
stopping potential hijackers before they board the aircraft.
(2) If preventive measures fail, any
attempt to hijack a military aircraft will, if practicable, be resisted.
(3) Assistance to hijacked aircraft will
be rendered, as requested, by the aircraft commander, and as approved by
the authority exercising operational control of the counter hijacking
effort.
c. Destruction of Derelict Airborne
Objects. Derelict airborne objects (for example, unmanned free balloons,
moored balloons or kites, unmanned non-nuclear rockets or missiles,
unmanned aerial vehicles (UAV) or remotely operated vehicles (ROV)) are
a potential threat to public safety. Military personnel may, upon
request, be required to track and destroy such objects. The NMCC is the
focal point for any requests for DOD assistance in tracking and
destroying derelict airborne objects. With the exception of immediate
responses as authorized by reference d, the NMCC will forward all
requests for such assistance to the Secretary of Defense for approval.
Enclosure D provides additional guidance.
5. Definitions. Terms used in this
instruction are in the Glossary.
6. Responsibilities. The DDO, NMCC, is
designated as the DOD coordinating authority between the FAA and
operational commanders. As such, the DDO will forward all requests or
proposals for DOD military assistance to the Secretary of Defense for
approval, with the exception of immediate responses as defined by
reference d. The Services, unified commands, and USELEMNORAD are
responsible for compliance with this instruction and any other
directives, laws, or international agreements involving aircraft piracy
(hijacking) or derelict airborne object incidents. Records and logs for
aircraft piracy (hijacking) and destruction of derelict airborne object
situations will be maintained for a minimum of 90 days to permit later
reconstruction of the sequence of events. Records and logs requiring
longer retention by other directives will be retained accordingly.
7. Summary of Changes
a. Unmanned vehicles (UAV, ROV) added to
the description of possible derelict airborne objects.
b. Statutory Authority for Responding to
Aircraft Piracy enclosure removed and added to reference list.
c. In various places throughout the
document, “USELEMNORAD” was replaced with “NORAD.”
d. FAA Order 7610.4J, 3 November 1998,
“Special Military Operations,” was added as a reference.
8. Releasability. This instruction is
approved for public release; distribution is unlimited. DOD components
(to include the combatant commands), other Federal agencies, and the
public may obtain copies of this instruction through the Internet from
the CJCS Directives Home Page--http://www.dtic.mil/doctrine. Copies are
also available through the Government Printing Office on the Joint
Electronic Library CD-ROM.
9. Effective Date. This instruction is
effective upon receipt.
S.A. FRY
Vice Admiral, U.S. Navy
Director, Joint Staff
Enclosures:
A--Instructions for Use in Piracy (Hijacking) of Civil Aircraft and
Military Aircraft
B--Instructions for Aircraft Piracy (Hijacking) Preventive Measures for
Military and Military Contract Aircraft
C--Instructions for Destruction of Derelict Airborne Objects
D--References
DISTRIBUTION
Distribution A, B, C, and J plus the
following:
Copies
Secretary of State
............................................................................2
Secretary of
Defense........................................................................10
Director of Central Intelligence
........................................................20
Department of Transportation
..........................................................5
Federal Aviation Administration
.....................................................10
Federal Bureau of Investigation
....................................................... 5
National Military Command Center
.................................................. 5
Secretary, Joint
Staff.........................................................................7
CINC North American Aerospace Defense
........................................25
ENCLOSURE A
INSTRUCTIONS FOR USE IN PIRACY
(HIJACKING) OF CIVIL AIRCRAFT AND MILITARY AIRCRAFT
1. Purpose. These instructions constitute
actions to be taken by the DDO, NMCC, unified commanders, and the
Commander, NORAD, in the event of a civil and military aircraft piracy
(hijacking) incident.
2. Coordination with Civil Authorities
a. When an aircraft becomes the subject
of an aircraft piracy offense within the US special aircraft
jurisdiction, the FAA and the Department Defense will provide support in
accordance with paragraph 3 of this enclosure. In addition, for military
aircraft and military contract aircraft, the Department of Defense will
take action to prevent the hijacking attempt and promptly notify the FAA
and appropriate federal agencies. The Department of Defense will provide
the FAA with all pertinent information involving onboard documents,
equipment, weapons of mass destruction (WMD), or material that the
Department of Defense has determined to be highly sensitive.
b. When the aircraft piracy (hijacking)
situation is outside of the special aircraft jurisdiction, the
Department of Defense will take appropriate action, consistent with
Federal law and applicable status of forces and other international
agreements.
c. The DDO, NMCC, and FAA will maintain
coordination during the aircraft piracy situation.
3. Procedures
a. General. Military personnel will
provide the following types of support: intercept, surveillance, lift,
equipment, and communications. Military personnel may not participate in
a search, seizure, arrest, or other similar activity. This restriction
would include the apprehension of aircraft hijackers or use of military
aircraft (fixed-wing or helicopter) or other vehicles as platforms for
gunfire or the use of other weapons against suspected hijackers. In
addition, assistance may not be provided under this enclosure if it
could adversely affect national security or military preparedness.
b. Support. When notified that military
assistance is needed in conjunction with an aircraft piracy (hijacking)
emergency, the DDO, NMCC, will:
(1) Determine whether or not the
assistance needed is reasonably available from police or commercial
sources. If not, the DDO, NMCC, will notify the appropriate unified
command or NORAD to determine if suitable assets are available and will
forward the request to the Secretary of Defense for approval in
accordance with DODD 3025.15, paragraph D.7 (reference d).
(2) If suitable assets from a unified
command or NORAD are not reasonably available, the DDO, NMCC, will
coordinate with the appropriate Military Service operations center to
provide military assistance.
c. Military Escort Aircraft
(1) When notified that military escort
aircraft are needed in conjunction with an aircraft piracy (hijacking)
emergency, the DDO, NMCC, will notify the appropriate unified command or
USELEMNORAD to determine if suitable aircraft are available and forward
the request to the Secretary of Defense for approval in accordance with
DODD 3025.15, paragraph D.7 (reference d).
(2) Pursuant to reference j, the escort
service will be requested by the FAA hijack coordinator by direct
contact with the NMCC. Normally, NORAD escort aircraft will take the
required action. However, for the purpose of these procedures, the term
“escort aircraft” applies to any military aircraft assigned to the
escort mission. When the military can provide escort aircraft, the NMCC
will advise the FAA hijack coordinator of the identification and
location of the squadron tasked to provide escort aircraft. NMCC will
then authorize direct coordination between FAA and the designated
military unit. When a NORAD resource is tasked, FAA will coordinate
through the appropriate Air Defense Sector/Regional Air Operations
Center.
(3) If the hijacked aircraft destination
is Cuba, flight-following aircraft will maintain surveillance in case an
emergency occurs over international waters and will notify USSOUTHCOM or
NORAD immediately of any action taken. USSOUTHCOM or the Commander,
USELEMNORAD, may terminate any escort activities south of 24N whenever
appropriate to avoid Cuban airspace. For all foreign countries,
including Cuba, flight-following aircraft should break away before
entering the US-recognized territorial airspace of another country (or
the land border if the other country is contiguous to the United States)
and await overflight clearance as necessary. See reference h for further
information on US-recognized territorial airspace.
ENCLOSURE B
INSTRUCTIONS FOR AIRCRAFT PIRACY
(HIJACKING) PREVENTIVE MEASURES FOR MILITARY AND MILITARY CONTRACT
AIRCRAFT
1. Purpose. These instructions provide
the Services, unified commands, and USELEMNORAD with the basic
procedural guidance for preventing and resisting attempts to hijack
military and military contract aircraft. This includes all civil
aircraft while wholly and exclusively supporting the Services under
contract, charter, or other arrangements.
2. Policy. DOD policy (references e, f,
and g) outlines general procedures and authority of military commanders
to protect and secure property under their command and deal with
terrorism and provides information for reducing the vulnerability of DOD
personnel, their family members, facilities, and materiel to acts of
terrorism.
3. Preventive Measures
a. The Services, unified commands, and
USELEMNORAD will take measures designed to prevent unauthorized
possession of weapons, explosives, or incendiary devices aboard
aircraft.
b. Through the use of training,
briefings, and other means, all travelers will be reminded that:
(1) Carrying weapons, explosives, or
incendiary devices aboard military or military contract aircraft is
prohibited, except when authorized by proper authority.
(2) Passengers and baggage are subject to
inspection as a condition of travel.
c. A passenger screening process will be
established to ensure positive identification of travelers and
authenticity of travel documents. Personnel engaged in passenger
processing and surveillance activities will be instructed to watch for
and report any discrepancies, particularly the possible unauthorized
possession of weapons, explosives, or incendiary devices.
d. Passengers and baggage accessible in
flight will be inspected. All baggage will be screened as thoroughly as
available resources permit (X-ray, explosive detector dogs, etc.) and
will be accompanied by a boarding passenger. When inspection indicates
cause for suspicion, a complete examination of the suspected person and
accompanying baggage is mandatory.
e. Screening procedures will take into
account the travel status of passengers. Neuropsychiatric patients,
military prisoners, and emotionally disturbed personnel require special
vigilance.
f. The Services, unified commands, and
USELEMNORAD will intensify security programs to prevent unauthorized
access to aircraft by hijackers who bypass the passenger processing
system. Military agencies administering airlift contracts with civil air
carriers operating at civil airfields will consult with appropriate
authorities to ensure mutually acceptable procedures for controlling
access to the contract aircraft.
4. Resisting Aircraft Piracy
a. The Services, unified commands, and
USELEMNORAD will establish procedures to report any suspected or actual
acts of aircraft piracy immediately to the NMCC.
b. When an act of air piracy involves a
military installation, military aircraft, or military contract aircraft,
the response should be according to the following guidelines until the
FAA assumes active direction of efforts to regain control of the
hijacked aircraft:
(1) Any attempt to hijack a military
aircraft will be resisted. Resistance may range from simple discussion
through deception and subterfuge to direct physical confrontation,
including the prudent use of weapons or deadly force.
(2) If practicable, aircraft movement
will be delayed to allow time for ground personnel and the aircrew to
establish communication and execute coordinated resistance actions.
Aircrews faced with an aircraft piracy (hijacking) threat will notify
ground agencies by any means available as soon as practicable and will
follow up with situation reports, when possible.
(3) The Chiefs of the Services and CINCs
will identify in their planning documents the levels of command
authorized to discontinue delaying actions (e.g., installation
commander, senior officer on scene). Within this authorization, the
commander at the highest available level will determine whether delaying
actions should be discontinued.
(4) Ground personnel will positively
prevent takeoff when nuclear weapons are aboard the aircraft. The
presence of hostages will not deter taking prompt, effective action,
including the use of deadly force, to prevent unauthorized access or
removal or to recover a WMD.
c. The many variables of an aircraft
piracy (hijacking) attempt preclude providing a specific counter
hijacking procedure to be followed by aircrew. However, within the basic
policy of resistance, the individual Services will identify and issue
guidance to aircrews consistent with reference h.
(1) Factors to be considered include the
nature of the threat, imminent danger to the aircraft in flight,
destination indicated by the hijacker(s), and the presence of sensitive
material aboard the aircraft.
(2) Some counter hijacking techniques the
aircrew should consider are:
(a) Convincing the hijacker(s) to
discontinue the course of action.
(b) Proposing more favorable
alternatives, such as landing in a neutral rather than an unfriendly
country.
(c) Exploiting any reasonable opportunity
to physically incapacitate or overcome the hijackers including the
prudent use of firearms. Aircrews are authorized to make such an attempt
if they consider that escape is their only hope. The aircrew must weigh
carefully the unique circumstances of the terrorist situation and all
aspects of a decision to attempt escape. See reference i.
ENCLOSURE C
INSTRUCTIONS FOR DESTRUCTION OF
DERELICT AIRBORNE OBJECTS
1. Purpose. These instructions constitute
actions to be taken by the DDO, NMCC, unified commanders, and the
Commander, USELEMNORAD, for destruction of derelict airborne objects.
2. Policy. This instruction provides
guidance for the destruction of derelict objects (e.g., unmanned free
balloons, moored balloons, kites, unmanned non-nuclear rockets or
missiles, UAV or ROV) over United States or international airspace.
a. For unmanned derelict airborne objects
that become a hazard to domestic air navigation or a threat to domestic
ground facilities or public safety, military personnel may be required
to perform surveillance and/or destroy the unmanned derelict airborne
object.
b. Destruction of derelict airborne
objects over foreign airspace requires a request or permission by the
foreign government and approval by the Secretary of Defense. The DDO,
NMCC, will be notified by the most expeditious means when control of an
object is lost, if an object becomes a hazard to air navigation, or if
the FAA (or another agency) desires the military to destroy the hazard.
The notifications will be made by the FAA, NORAD, or the agency that has
employed the object.
3. Procedures
a. When notified of a derelict airborne
object, the DDO, NMCC, will direct a derelict object conference and poll
NORAD or the FAA for position, altitude, time, and fuel exhaustion, if
available and applicable.
b. The DDO, NMCC, will determine the
appropriate unified command (or NORAD) capable of effecting destruction
in the event destruction is subsequently required.
c. If destruction is required, the DDO,
NMCC will, forward all requests or proposals for DOD military assistance
to the DOD Executive Secretary and appropriate OSD staff offices, and
then to the Secretary of Defense for approval in accordance with DODD
3025.15, paragraph D.7 (reference d).
d. The DDO, NMCC, will notify the
appropriate CINC or Service of execution instructions. After
destruction, the appropriate CINC or Service will record time of
destruction, method used, and an estimated point of destruction.
ENCLOSURE D
REFERENCES
a. 49 USC 46501, “Definitions”
b. 49 USC 44903(e) “Exclusive
Responsibility Over Passenger Safety”
c. MOU between the Department of
Transportation and Department of Defense, 7 August 1978, “Aircraft
Piracy”
d. DOD Directive 3025.15, 18 February
1997, “Military Assistance to Civil Authorities”
e. DOD Directive 5200.8, 25 April 1991,
“Security of DOD Installations and Resources”
f. DOD Directive 2000.12, 15 September
1996, “DOD Combating Terrorism Program”
g. DOD Directive 0-2000.12-H, 19 February
1993, with change 1, dated 21 May 1993 and change 2, dated 3 October
1997, “Protection of DOD Personnel and Activities Against Acts of
Terrorism and Political Turbulence”
h. DOD Directive 2005.1M, January 1997,
“Maritime Claims Reference Manual”
i. DOD Directive 1300.7, 8 December 2000,
“Training and Education Measures Necessary to Support the Code of
Conduct”
j. FAA Order 7610.4J, 3 November 1998,
“Special Military Operations”
GLOSSARY
PART I--ABBREVIATIONS AND ACRONYMS
DDO Deputy Director for Operations
DODD Department of Defense directive
FAA Federal Aviation Administration
NMCC National Military Command Center
NORAD North American Aerospace Defense
Command
ROV remotely operated vehicles
UAV unmanned aerial vehicles
USELEMNORDUS Element, North American
Aerospace Defense Command
USC US Code
WMD Weapons of Mass Destruction
PART II--DEFINITIONS
DOD installation. A fixed
area controlled by the Department of Defense, including the military air
operations area of a joint installation.
DOD aircraft. Any aircraft
operated by, for, or under the control of the Department of Defense.
moored balloon. A balloon
moored to the surface of the earth, or any object that has a diameter of
6 feet or gas capacity of more than 115 cubic feet.
moored kite. A kite
weighing more than 5 pounds flown at the end of a rope or cable (e.g., "gyroglider").
United States. The 50
states, District of Columbia, Commonwealth of Puerto Rico, possessions
and territories, including the territorial waters and overlying
airspace.
unmanned free balloon. A
balloon carrying a payload of more than 4 pounds, or two or more
packages weighing more than 12 pounds, and equipped with a suspension
device (e.g., rope) that requires an impact force of more than 50 pounds
to separate payload from balloon.
unmanned rocket. Any
rocket, except aerial firework displays and model rockets, using not
more than 4 ounces of a slow burning-propellant made of paper, wood, or
breakable plastic containing no substantial parts weighing more than 16
ounces, including the propellant.
NOTE: These terms have not
been approved for inclusion in Joint Pub 1-02, "Department of Defense
Dictionary of Military and Associated Terms," and apply only within the
scope or context of this document.
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