Whereas an Agreement between the United States of America and the Kingdom of the Netherlands in
respect of Aruba on preclearance for entry into the United States was concluded at Washington on December 2, 1994, and amended on May 22, 2008, hereafter
referred to as “the 1994/2008 Agreement.
Whereas the United States of America and the Kingdom of the Netherlands, in respect of Aruba,
(hereinafter “the Parties”) have as a common objective the promotion and development
of administrative and operational cooperation in civil aviation security, particularly
in the area of Preclearance operations;
Whereas the Parties recognize the 1994/2008 Agreement as a separate and individual agreement, and desire to complement the 1994/2008 Agreement
with cooperative activities in the field of civil aviation security relating to Preclearance
operations;
Whereas the Parties affirm a common interest in permitting passengers who have pre-cleared
U.S. customs, immigration, and other border controls at Queen Beatrix International
Airport in Aruba (hereinafter “the Preclearance Airport”), to deplane into the Sterile
Areas of airports within the territory of the United States;
Whereas the Parties recognize that entry into the Sterile Area at a U.S. airport is dependent
on sustainable airport passenger checkpoint Screening standards implemented at the
Preclearance Airport at a level commensurate with the Screening standards implemented
at U.S. airports;
Whereas the Parties desire to increase the exchanges of information in areas pertinent to
the identification of civil aviation security threats and the development of security
standards pertaining to the Screening of passengers, property, and checked baggage,
if appropriate, particularly with respect to Preclearance operations; and
Whereas the Parties desire to set forth a vehicle for the conduct of cooperative activities
in the field of civil aviation security relating to Preclearance operations, consistent
with the framework set forth in the Agreement and without prejudice to the 1994/2008 Agreement;
Competent Authorities
Means, in the case of the United States, the Transportation Security Administration
of the Department of Homeland Security of the United States of America (“DHS/TSA”)
and, in the case of Aruba, the Minister in charge of Transport (“MT”) or the Department
of Civil Aviation of Aruba (“DCA”) as indicated in the specific articles (collectively,
“the Competent Authorities”), or their respective successors.
Cleared Person
Means an individual and his or her accessible property that a U.S. Preclearance officer,
after examination and inspection, has cleared for entry and admission into the United
States and whose person and accessible property have been screened and cleared using
Screening protocols that are mutually acceptable to the Parties as established pursuant
to this Agreement.
Confidential Information
Means information provided by DCA and obtained or developed in the conduct of security
activities, the disclosure of which DCA has determined would cause damage to the safety
or other sensitive interests of Aruba or its stakeholders.
Passenger Screening Checkpoint
Means the location at the entry to a Sterile Area, at which individuals or accessible
property are inspected for the presence of explosives, incendiaries, weapons, or other
prohibited items. These locations include the Screening checkpoint or boarding gate
where individuals and accessible property are inspected with metal detectors, x-ray
machines, and other methods.
Preclearance
Means the procedure of conducting examination and inspection in the territory of one
Party required for entry/admission into the territory of the other Party.
Screening
Means the aviation security inspection of individuals and property for weapons, explosives,
incendiaries, and other prohibited items.
Selectee
Means a person selected for special Screening requirements by a computer-assisted
passenger pre-screening system, or another process as mutually determined and approved
by DHS/TSA and DCA.
Sensitive Security Information
Means information obtained or developed in the conduct of security activities, including
research and development, the disclosure of which DHS/TSA has determined would constitute
an unwarranted invasion of privacy, reveal trade secrets or privileged or confidential
information obtained from any person, or be detrimental to the security of transportation.
Sterile Area
Means a portion of an airport that provides passengers access to boarding aircraft,
and to which access is controlled by specified security measures, which include the
Screening of persons and accessible property.
This Agreement sets forth the terms and conditions under which the Competent Authorities
will engage in cooperative activities in the area of civil aviation security, and
establish Screening standards for passengers departing the Preclearance Airport for
the United States that are comparable to those implemented at U.S. airports. In addition,
this Agreement sets forth the terms and conditions, as may be further specified in
an Appendix hereto, whereby DHS/TSA may accept DCA’s procedures for checked baggage
Screening. Cooperative activities undertaken pursuant to this Agreement will provide
for the development and implementation of mutually acceptable airport passenger checkpoint
and checked baggage Screening standards, if applicable, at the Preclearance Airport
to ensure that the screening of passengers, accessible property, and checked baggage
Screening, if applicable, is performed using standards comparable to Screening standards
implemented at the U.S. airports at which the Cleared Persons and checked baggage
will arrive. Accordingly, these activities will ensure the security and facilitation
of passengers and checked baggage arriving in the United States from the Preclearance
Airport, particularly passengers transferring flights upon arrival in the United States,
and align U.S. and Aruba’s security measures while reducing unnecessary duplication
or redundancies, to the extent appropriate and consistent with the respective laws
and regulations of the Parties.
Article III. Implementation
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B The duly authorized representatives of DHS/TSA and MT, in accordance with the terms
and conditions of this Agreement, may develop and conclude project arrangements, to
be documented as non-legally binding appendices to this Agreement (“Appendices”),
delineating their cooperative activities. The Appendices shall contain a description
of the type of cooperation to be performed, the personnel and other resources required
to accomplish the tasks, the estimated costs, implementation plans, the type of equipment
to be used or loaned (if any), and duration, as appropriate. Any activity conducted
under an Appendix shall be consistent with and subject to the terms of this Agreement.
Article IV. Scope of work
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A The cooperative activities in relation to civil aviation security for Preclearance
operations between the Competent Authorities of the Parties may include, but are not
necessarily limited to, the following:
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1. Providing general expertise to assist in developing and improving civil aviation security
infrastructure, standards, procedures, policies, training and equipment;
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2. In accordance with Annex C, assisting in the development of formal training and performance testing related
to civil aviation security for screener personnel at the Preclearance Airport;
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3. Developing and implementing comparable and mutually acceptable standards, and sharing
best practices and procedures for passenger and accessible property Screening;
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4. Sharing information and experience related to operational processes in civil aviation
security for Preclearance operations, including information related to Screening methods
and the evaluation of new and advanced security equipment in an airport environment;
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5. In accordance with Annex D, loaning necessary equipment to achieve comparable screening standards for passenger
and accessible property Screening;
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6. In accordance with Annex A, conducting joint operational assessments of the Parties' respective civil aviation
security infrastructure, programs, procedures, and processes, for the Screening of
passengers and accessible property in connection with the Preclearance operations;
and
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7. Developing and carrying out joint initiatives aimed at enhancing international civil
aviation security in connection with Preclearance operations.
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C Any exchange of information or material that may involve Confidential Information
or Sensitive Security Information, shall be done in accordance with applicable laws
and policies, this Agreement and Annex B hereto.
Article V. Screening standards at the preclearance airport
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A The Competent Authorities shall establish, and DCA shall ensure implementation of,
passenger and accessible property Screening standards at the Preclearance Airport
that are comparable to the Screening standards at commercial airports in the United
States. Accordingly, such standards shall provide for, among other things, the establishment
and maintenance of Sterile Areas in the Preclearance Airport in accordance with the
following requirements:
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1. Ensuring that the Sterile Area is cleared of unauthorized persons, explosives, incendiaries,
or weapons each time the area is put into operation following a period of non-control;
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2. Controlling against access by unauthorized persons and the unauthorized introduction
of explosives, incendiaries, weapons, or other prohibited items;
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3. Screening any person upon entry into the Sterile Area, and rescreening any person,
who for any reason exited from the Sterile Area to a public (non-sterile) area, upon
reentry into the Sterile Area;
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4. Establishing and implementing breach control procedures to ensure that any unauthorized
person who is discovered in the Sterile Area, and his or her accessible property,
are continuously monitored until removed from the Sterile Area, and that appropriate
law enforcement authorities are immediately notified of the incident;
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5. Establishing and implementing procedures to ensure that the Sterile Area has not been
contaminated in the event of a breach where security and law enforcement personnel
are not able to continuously monitor and respond to the unauthorized person or prohibited
item in the Sterile Area. Mitigation measures shall include full or partial terminal
evacuation, as appropriate, and notification of appropriate authorities; and
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6. Establishing and implementing notification procedures and effective communications
channels to ensure the adequacy of law enforcement officer (“LEO”) response in the
event of a breach of the Sterile Area.
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B The Competent Authorities shall establish and implement a mutually acceptable list
of items that are prohibited from the Sterile Area. That list shall include, but is
not limited to, guns and firearms, club-like items, explosives, incendiaries, disabling
chemicals and other dangerous or sharp items that could be used to cause catastrophic
damage to an aircraft or might be used by those with the intent to hijack an aircraft.
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C The screening standards developed by the Competent Authorities and the list of prohibited
items, discussed in Article V.A and V.B above, may be amended or otherwise modified
from time to time depending on current threat information or other circumstances as
may be mutually agreed upon.
Article VI. Screener standards at the preclearance airport
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A The Competent Authorities shall establish, and DCA shall ensure implementation of,
standards for all persons performing Screening functions at the Preclearance Airport,
which shall be comparable to the screener standards required in the United States.
Accordingly, such standards shall ensure that screeners at the Preclearance Airport
shall:
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1. Meet minimum physical and educational standards;
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2. Successfully undergo a background check that is comparable to those applied to screeners
at airports in the United States;
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3. Complete formal classroom training, on-the-job training, recurrent training, and where
needed, remedial training that is comparable to the level of training provided to
screeners at airports in the United States. Training shall, at a minimum, include
instruction in proper Screening techniques, physical inspection, use of metal detectors,
use of X-ray systems, and Threat Image Projection training or a comparable alternative;
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4. Be subject to a program of performance testing through undisclosed evaluation of screeners’
abilities to detect and process people and property prohibited from entering the Sterile
Area in accordance with Aruban law; and
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5. Be subject to a program of annual screener proficiency recertification using both
written examinations and practical applications.
The standards may be further specified in an Appendix hereto.
Article VII. Passenger screening methods at the preclearance airport
The Competent Authorities shall establish, and DCA shall ensure implementation of,
mutually acceptable procedures to ensure that passengers and other persons at the
Preclearance Airport are prevented from carrying prohibited items into the Sterile
Area or onboard an aircraft, and that such mutually acceptable procedures shall be
comparable to the passenger Screening procedures required in the United States, and,
at a minimum, shall ensure the following:
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A. All persons desiring to pass beyond the Passenger Screening Checkpoint or board an
airplane shall be screened for prohibited items.
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B. Any person who refuses to be screened shall be denied passage beyond the Passenger
Screening Checkpoint.
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C. Prior to an individual being permitted to pass beyond the Passenger Screening Checkpoint,
Screening shall:
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1. Normally be accomplished through the use of metal detectors. Where metal detectors
are not available, a physical body search shall be conducted using procedures comparable
to those employed in the United States;
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2. Satisfactorily resolve all indications of unaccounted for metal on an individual's
person.
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D. Other equipment or methods for Screening individuals may be used, as mutually agreed
to, by the Competent Authorities in writing.
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E. Any person who cannot be cleared by using any combination of applicable Screening
procedures shall be referred to a LEO.
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F. DCA shall ensure implementation of specific mutually acceptable procedures for the
use of walk-through metal detectors (“WTMD”), hand-held metal detectors (“HHMD”),
a physical body search, and other Screening methods, including alarm resolution protocols.
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G. Specific mutually acceptable procedures to screen the following passengers shall be
established, and DCA shall ensure their implementation: diplomats; individuals exempted
from Screening; individuals with disabilities; infants, toddlers, and young children;
animals; armed LEOs; individuals in the custody of armed LEOs; individuals under protective
escort of armed LEOs; emergency personnel; armed security guards; and aircraft operator
flight crews.
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H. Secondary Screening of persons identified by an airline as Selectees pursuant to DHS/TSA’s
Selectee List shall be conducted using mutually acceptable procedures.
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I. Random secondary Screening of a mutually acceptable specified percentage of persons
who enter the Passenger Screening Checkpoint at the Preclearance Airport shall be
conducted.
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J. When contraband or a security threat involving a passenger subject to Preclearance
is detected at a Passenger Screening Checkpoint or otherwise during the passenger
Screening process at the Preclearance Airport, U.S. Customs and Border Protection
personnel, such as the Port Director or on-duty shift supervisor, will be immediately
notified of the event.
Article VIII. Screening equipment at the preclearance airport
The Preclearance Airport shall use a combination of Screening equipment and methods
that meet DHS/TSA qualification standards, to include X-ray systems, WTMDs, explosives
trace detection (ETD) devices, and HHMDs. The Parties further agree that MT shall
ensure that:
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A. Each X-ray system used for Screening at the Preclearance Airport passes Test Step
Wedge, discerns organic and inorganic materials, and has color imaging capability;
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B. The operators of the ETD devices shall consult with DHS/TSA to determine the appropriate
ETD settings; and
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C. The operators of the screening equipment shall provide for daily calibration of Screening
equipment and periodic maintenance.
Article IX. Accessible property screening methods at the preclearance airport
The Competent Authorities shall establish, and DCA shall ensure implementation of,
mutually acceptable procedures for accessible property Screening at the Preclearance
Airport, which shall be comparable to the accessible property Screening procedures
required in the United States. At a minimum, such procedures shall ensure the following:
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A. Mutually acceptable alarm resolution protocols shall be established, and DCA shall
ensure implementation, to prevent passengers from carrying prohibited items in their
accessible property into the Sterile Area, or onboard an aircraft, by Screening all
carry-on items passing through the Passenger Screening Checkpoint, using one or more
of the following Screening methods:
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1. X-ray Screening;
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2. ETD; and/or
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3. Physical inspection.
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B. Inspections of carry-on items at each X-ray unit in operation at each Passenger Screening
Checkpoint shall be continuously conducted.
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C. If a person refuses to permit inspection of any carry-on item, that item shall not
be allowed into the Sterile Area or inside any aircraft cabin departing the Preclearance
Airport for the United States.
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D. When an image of a carry-on item displayed on an X-ray monitor indicates that the
item may conceal an explosive, incendiary, or a deadly or dangerous weapon, the carry-on
item shall be subjected to additional Screening. Additional Screening of the carry-on
item, which must be accomplished in the presence of the passenger, shall use the following
inspection methods in the order listed:
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1. ETD – where available, an ETD device must be used to inspect carry-on items that cannot
be cleared by the X-ray operator; and
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2. Physical inspection – conduct a physical inspection of the carry-on item.
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E. Property that cannot be cleared by using any combination of the agreed upon procedures
shall be referred to a LEO.
Article X. Joint operational assessment of the preclearance airport
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A The Competent Authorities shall conduct joint operational assessments of the civil
aviation security infrastructure, programs, procedures, and processes established
and implemented at the Preclearance Airport for the purpose of ensuring compliance
with the mutually agreed standards as related to passenger and accessible property
Screening operations in accordance with this Agreement and related annex or appendix
referred to in Article III.A.
Article XI. Host party support
The support by DCA necessary for accomplishing the cooperative activities and exchanges
contemplated by this Agreement shall be in accordance with applicable laws, regulations
and policies of Aruba. DCA also may provide such additional support as may be set
forth in an Appendix.
Article XII. Financial provisions
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C Notwithstanding Article XII.A, the Parties may, by mutual agreement, provide for an
exchange of funds through an Appendix or other mutually acceptable arrangement.
Article XIII. Confidentiality
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A Cooperative activities undertaken pursuant to this Agreement may include the use and
exchange of Confidential Information and/or Sensitive Security Information, to the
extent authorized by applicable laws, regulations and policies of the Parties.
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D Unless otherwise required by law or regulation, the Competent Authority of neither
Party shall disclose to any person (including, but not limited to, a contractor of
a Party) other than its employees any information, documents, records, or other materials
received from the other Party in connection with work performed under this Agreement
or its Annexes and Appendices, without the express written consent of the other Party.
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E The Competent Authority of each Party shall take all practicable steps to ensure that
information provided or generated pursuant to this Agreement is protected from further
disclosure. In furtherance of that objective, the Competent Authority of each Party
shall take steps, to the extent consistent with its domestic laws or regulations,
to ensure that:
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1. It does not use Confidential Information and/or Sensitive Security Information for
purposes other than those provided for in the Annexes or Appendices to this Agreement;
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2. It complies with any distribution and access restrictions on information that is provided
pursuant to the Annexes or Appendices to this Agreement;
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3. It investigates all cases in which it is known or where there are grounds for suspecting
that Confidential Information or Sensitive Security Information or material provided
or generated pursuant to the Annexes or Appendices to this Agreement has been lost or disclosed to persons not authorized
to receive such information under the terms of this Agreement, and promptly and fully
informs the competent authority of the other Party of the details of any such occurrences,
and the final results of the investigation and of the corrective action taken to preclude
recurrences.
Article XIV. Indemnities and liability
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A Without prejudice to paragraphs B and C of this Article, the United States, including
the DHS/TSA and all other agencies and instrumentalities of the United States (collectively
“the United States”), assumes no liability for any claim, loss, damage, injury, or
death arising out of or relating to this Agreement, its Annexes and Appendices.
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B The Competent Authorities of Aruba, agree to indemnify the United States and any current
or former officer or employee of the United States for any judgments, settlements,
or awards paid by them and all costs (including attorneys' fees) incurred by them
as a result of any claim or legal proceeding of any kind brought by a third party
in Aruba, arising out of or relating to this Agreement. Any disagreements between
the Parties shall be resolved in accordance with the provisions of Article XVII.
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C Acts by the United States or any current or former officer or employee of the United
States arising out of or relating to this Agreement or its Annexes and Appendices that have been determined, through judicial procedures or in a settlement,
to (i) constitute intentional misconduct and gross negligence, and (ii) have resulted
in personal injury, death, or property damage, shall not be considered within the
scope of the obligation of the Competent Authorities of Aruba, to indemnify the United
States or any current or former officer or employee of the United States under paragraph
B of this Article.
Article XV. Consultations
Either Party may at any time request consultations concerning the interpretation,
application or amendment of this Agreement, including its Annexes or Appendices. Such consultations shall begin at the earliest possible date, but
not later than 60 days from the date the other Party receives the request, unless
otherwise mutually agreed.
Article XVII. Resolution of disagreements
Any disagreement regarding the interpretation or application of this Agreement, including
any Annex or Appendix, shall be resolved by consultations between the Parties, in
accordance with Article XV of this Agreement, and shall not be referred to any court, international tribunal
or third party for settlement.
Article XVIII. Entry into force and termination