Article I. Definitions
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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.
Article II. Objective
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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 VII. Passenger screening methods at the preclearance airport
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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 IX. Accessible property screening methods at the preclearance airport
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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.