The Government of the Kingdom of the Netherlands, in respect of Aruba, and the Government
of the United States of America (hereinafter referred to as the Parties);
Considering that preclearance, the procedure of conducting in Aruba inspection by
United States inspection agencies required for entry into the United States of passengers
and crew destined nonstop to the United States in flight of aircraft, facilitates
travel between the two countries; and
Considering that the laws of the two countries governing merchandise or articles the
entry of which is prohibited are sufficiently similar to enable United States organizations
to carry out their missions, subject to provisions of facilities adequate to enable
them to use their resources efficiently and to ensure proper security safeguards for
passengers, aircraft crew, baggage and aircraft stores entering the United States;
Agree as follows:
For the purposes of the Agreement:
-
a) "Air Carrier" means a commercial enterprise that provides public transportation by
aircraft for remuneration, hire or other consideration;
-
b) "Aircraft Commander" means any person serving on a private aircraft who is in charge
or has command of its operation and navigation;
-
c) "Post-clearance" means the clearance of aircraft, crew, passengers, and goods in the
territory of the United States of America;
-
d) "Preclearance Area" means a part of an airport terminal and its grounds designated
by Aruban authorities within which Preclearance Officers exercise specified powers
and authorities. This area will be determined as set forth in the Facilities Annex
to the Agreement. Any future changes to the Preclearance Area shall be agreed to by
the implementing authorities.
-
e) "Preclearance Officer" means an officer designated by the Government of the United
States to carry out preclearance in the territory of Aruba;
-
f) "Private Aircraft" means an aircraft engaged in a personal or business flight to the
territory of the United States which is not carrying passengers and/or cargo for commercial
purposes.
For the purpose of this Agreement, the implementing authorities shall be:
-
a) for the Government of the United States of America: U.S. Customs and Border Protection
(CBP) and the U.S. Department of Health and Human Services (HHS) (collectively referred
to as the "U.S. inspection agencies");
-
b) for the Government of the Kingdom of the Netherlands: The Minister of Aruba in charge
of Transportation or any authority nominated by the said Minister.
-
a) Flights eligible for preclearance shall consist of any commercial flight (scheduled
or charter, including ferry flights) of any size aircraft and any flight by private
aircraft that is destined nonstop to the territory of the United States of America,
so long as preclearance service has been requested and approved by U.S. inspection
agencies for that flight. State aircraft will be considered by the U.S. inspection
agencies on a case by case basis.
In accordance with United States Immigration, customs and public health laws and regulations,
U.S. inspection agencies may refuse passage onwards to the United States to any passenger
or aircraft crew member on a flight subject to preclearance who refuses to comply
with applicable laws and procedures. Except in circumstances arising under Article
IV (g) of this agreement, no citizen of the United States or alien lawfully resident
in the U.S. may be refused onwards to the United States.
The Government of Aruba shall:
-
a) Permit Preclearance Officers to carry out preclearance of passengers, crew, baggage,
aircraft and aircraft stores on eligible flights and to determine procedures for carrying
out inspections and utilization of their resources.
-
b) Provide and maintain the facilities as set forth in the Annex to this Agreement.
-
c) Permit the installation and operation of such communications and inspection aids and
equipment as the U.S. inspection agencies determine they require, including radiological
and nucleair detection devices. The implementing authorities shall establish mutually
acceptable protocols for resolution in the event of a positive alarm during radiological/nuclear
screening of aircraft, passengers, crew and/or their goods. The Government of the
United States will assist the implementing authorities of Aruba in establishing protocols
to secure and dispose of any illicit and/or illicitly trafficked radiological/nuclear
materials detected.
-
d) Enable Preclearance Officers to search any and all persons, baggage, aircraft and
aircraft stores subject to preclearance in accordance with this Agreement. Such search
may be conducted for:
-
i) merchandise or other articles, including monetary instruments, falsely declared or
not declared;
-
ii) merchandise or other articles the entry of which into the United States is prohibited
or restricted, including controlled substances;
-
iii) documents relevant to an individual's immigration status which are fraudulent or misused.
-
e) Permit Preclearance Officers to search any person entering or with direct nexus to
the Preclearance Area, and any article or conveyance operating in or with a direct
nexus to the Preclearance Area.
-
f) Authorize the Aruban law enforcement officers, upon request of a United States inspection
agency, to seize and confiscate articles or merchandise and/or arrest the bearer of
such articles or merchandise (and any alleged accomplices), if such articles or merchandise
are falsely declared or not declared at the time of preclearance and if possession
or exportation of such articles or merchandise is prohibited under the laws of Aruba.
-
g) Permit Preclearance Officer(s) to seize and forfeit articles or merchandise of which
the importation into the United States is a violation of U.S. law, including articles
or merchandise falsely declared or not declared.
-
h) Provide, upon request of a United States inspection agency, appropriate law enforcement
assistance to prevent such person from boarding the aircraft when a passenger or aircraft
crew member on a precleared flight is refuses passage onwards because of refusal to
answer questions of a Preclearance Officer relavant to his immigration status or refusal
to cooperate or submit to search or is found or deemed by a Preclearance Officer to
be inadmissible to the United States;
-
i) Upon request of a United States inspection agency, provide appropriate medical assistance
and, where necessary, access to medical isolation facilities for persons subject to
preclearance who are suspected of having an infectious disease proscribed under United
States public health laws and regulations.
The Government of the United States of America shall:
-
a) Provide sufficient Preclearance Officer to carry out preclearance of passengers, crew,
baggage, aircraft and aircraft stores on eligible flights to which preclearance has
been extended in accordance with Article VIII of this Agreement with reasonable speed
and efficiency.
-
b) Have the United States inspection agencies consult regularly with the competent authority
of Aruba, with the competent airport authority and with the air carriers concerned
on matters relating to the implementation of this Agreement.
-
c) Conduct preclearance in accordance with this Agreement, except that
-
i) a United States inspection agency may defer its inspection onward to the United States
as it deems necessary for any individual passenger, aircraft crew member or aircraft;
-
ii) preclearance may be denied in the case of any flight where there is likely to be commingling
of passengers or aircraft crew who have and who have not been precleared;
-
iii) post-clearance on arrival in the United States may be required instead of preclearance
in Aruba if U.S. inspection agencies, after notification to the Aruban authorities
and the air carriers and/or aircraft commanders concerned, determine that adequate
resources are not available or that additional passengers will overtax the facilities;
and
-
iv) post-clearance on arrival in the United States may be required in addition to preclearance
in Aruba to the extent necessary to meet law enforcement concerns.
Where post-clearance is required under subparagraphs (iii) and (iv) of this paragraph,
flights will be selected for such post-clearance on a reasonable and fair basis, taking
into account convenience to passengers and just treatment of the air carriers and/or
aircraft commanders concerned.
-
d) Have the United States inspection agencies advise the appropriate Aruban authorities
of the refusal and supply all data appropriate and relevant to that decision when
a person is refused passage onward to the United States in accordance with Article
III or when a search or seizure is made under Article IV.
-
a) United States citizen employees of the Government of the United States of America,
assigned to preclearance duties in Aruba under this Agreement, shall not be amenable
to the jurisdiction of the judicial or administrative authorities in Aruba in respect
of any acts performed by them in the exercise of their duties under this Agreement.
Such employees and members of their families forming part of their households, except
those who are permanent residents of Aruba, shall also be accorded such further privileges
and immunities as are accorded to consular officers and members of their families
under the Vienna Convention on Consular Relations.
The United States may extend the application of any of its customs, immigration, agriculture
and public health laws and regulations to aircraft, passengers, aircraft crew, baggage,
cargo and aircraft stores in Aruba which are subject to preclearance, for the purpose
of establishing and enforcing penalties for violations of these laws and regulations
upon arrival in the United States.
The Parties agree that any air carrier or aircraft commander should have the option
to use either preclearance or post-clearance subject to the following conditions:
-
a) If an air carrier applies for preclearance, it shall use the procedure for all of
its flights on a given route. Ordinarily, three months' notice to the appropriate
inspection agencies will be sufficient; however, the inspection agencies may require
a reasonable period before extending preclearance to such air carrier in order to
obtain personnel or facilities required by the anticipated changes in service.
-
b) An air carrier desiring to withdraw entirely from preclearance must give twelve months
notice to both Parties, but, if neither Party objects, it may withdraw sooner. An
air carrier desiring to withdraw from preclearance only in respect to certain eligible
flights must give three months notice, but, if neither Party objects, it may withdraw
sooner.
-
c) The United States inspection agencies may decline to conduct preclearance in respect
of any air carrier until the carrier:
-
i) has taken the necessary steps to enable it to deny carriage onwards to the United
States to anyone found ineligible, in accordance with Article III, to travel on a
precleared flight; and
-
ii) has undertaken to be responsible for the removal of any such person to his point of
embarkation or the country of which he is a national and to bear any costs (including
where necessary accommodation and maintenance costs) arising therefrom.
-
d) With respect to private aircraft:
-
(i) The U.S. inspection agencies may decline to conduct preclearance on a private aircraft
until the aircraft commander has taken the necessary steps to deny carriage onwards
to the United States to anyone found ineligible to travel on a precleared flight;
and
-
(ii) Aircraft commanders shall be required to comply with laws governing landing, entry
and clearance in the United States. The Government of Aruba will endeavor to ensure
that all aircraft commanders seeking preclearance provide advance notice of their
departure from Aruba to the United States in accordance with procedures to be agreed
upon between the implementing authorities in order to schedule preclearance services.
The cost of preclearance shall be borne as follows:
-
a) The Government of the United States of America shall, pursuant to standard United
States regulations governing preclearance/ preinspection, be responsible for the personnel
and operations costs of preclearance;
-
b) In accordance with the provisions of Article VIII (c) ii) of this Agreement, for any
person refused passage onward by a United States federal inspection agency the air
carrier concerned shall be responsible for any costs, including, where necessary,
accommodation and maintenance costs, arising from the removal to the person's point
of embarkation, or to the country of which he is a national;
-
c) The provision of the necessary preclearance facilities shall be the responsibility
of the competent airport authority, but such costs may be recouped from the air carriers
and aircraft commanders using preclearance;
-
d) Any charges related to preclearance levied upon participating air carriers and aircraft
commanders shall be assessed in a fair and reasonable manner.
Either Government may at any time request consultations concerning the interpretation,
application or amendment of this Agreement, including the facilities annex and attachments.
Such consultations shall begin within 60 days from the date the other Government receives
the request.
As far as the Kingdom of the Netherlands is concerned, this Agreement shall be applicable
only to Aruba.
The provisions of the Agreement shall be implemented in accordance with applicable
laws of the United States and Aruba.
The terms of this Agreement shall be applied provisionally as from the thirtieth day
after signature and shall enter into force on the date to be determined in an exchange
of diplomatic notes, indicating that all necessary internal procedures for entry into
force of the Agreement have been completed by both Parties. The Agreement shall continue
in force unless it is terminated by either Party giving twelve months written notice
thereof to the other Party. Such notice may, however, be withdrawn before the end
of the twelve month period by agreement between the two Parties.
The Parties shall suspend operation of the Agreement on Preinspection between the
United States and the Kingdom of the Netherlands in respect of Aruba, signed Oranjestad,
Aruba, June 16, 1987, for the period when this present Agreement is in force or is
being provisionally applied.