rijk/verdrag/verdrag-tussen-het-koninkrijk-der-nederlanden-ten-behoeve-van-aruba-en-de-vereni/BWBV0006593

titel	bwb_id	type	status	datum_inwerkingtreding	bron	citeertitel
Verdrag tussen het Koninkrijk der Nederlanden, ten behoeve van Aruba, en de Verenigde Staten van Amerika inzake de veiligheid van de burgerluchtvaart voor voorinspectie-operaties op de internationale luchthaven Koningin Beatrix in Aruba	BWBV0006593	verdrag	geldend	2017-03-19	https://wetten.overheid.nl/BWBV0006593	Verdrag tussen het Koninkrijk der Nederlanden, ten behoeve van Aruba, en de Verenigde Staten van Amerika inzake de veiligheid van de burgerluchtvaart voor voorinspectie-operaties op de internationale luchthaven Koningin Beatrix in Aruba

Verdrag tussen het Koninkrijk der Nederlanden, ten behoeve van Aruba, en de Verenigde Staten van Amerika inzake de veiligheid van de burgerluchtvaart voor voorinspectie-operaties op de internationale luchthaven Koningin Beatrix in Aruba

Artikel I

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.

Artikel II

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.

Artikel III

A. Annexes to this Agreement are legally binding and constitute an integral part of this Agreement.

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.

C. The designated official within the DHS/TSA for the coordination and management of this Agreement is the Assistant Administrator of the Office of Global Strategies or his/her designee.

D. For Aruba DCA is responsible for the coordination and management of this Agreement.

Artikel IV

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:

1. 1. Providing general expertise to assist in developing and improving civil aviation security infrastructure, standards, procedures, policies, training and equipment;
2. 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;
3. 3. Developing and implementing comparable and mutually acceptable standards, and sharing best practices and procedures for passenger and accessible property Screening;
4. 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;
5. 5. In accordance with Annex D, loaning necessary equipment to achieve comparable screening standards for passenger and accessible property Screening;
6. 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
7. 7. Developing and carrying out joint initiatives aimed at enhancing international civil aviation security in connection with Preclearance operations.

B. Relevant cooperative activities in civil aviation security for Preclearance operations and the development of security standards and procedures pertaining to the Screening and Preclearance of passengers shall be consistent with this Agreement.

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.

Artikel V

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:

1. 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;
2. 2. Controlling against access by unauthorized persons and the unauthorized introduction of explosives, incendiaries, weapons, or other prohibited items;
3. 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;
4. 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;
5. 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
6. 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.

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.

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.

Artikel VI

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:

1. 1. Meet minimum physical and educational standards;
2. 2. Successfully undergo a background check that is comparable to those applied to screeners at airports in the United States;
3. 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;
4. 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
5. 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.

B. DCA shall ensure implementation at the Preclearance Airport so as to maintain staffing levels and supervision sufficient to support the configuration of each Passenger Screening Checkpoint.

Artikel VII

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:

A. A. All persons desiring to pass beyond the Passenger Screening Checkpoint or board an airplane shall be screened for prohibited items. B. B. Any person who refuses to be screened shall be denied passage beyond the Passenger Screening Checkpoint. C. C. Prior to an individual being permitted to pass beyond the Passenger Screening Checkpoint, Screening shall:

      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;
    
    
      2.
      Satisfactorily resolve all indications of unaccounted for metal on an individual's person.

1. 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;
      

2. 2. Satisfactorily resolve all indications of unaccounted for metal on an individual's person.
      

D. D. Other equipment or methods for Screening individuals may be used, as mutually agreed to, by the Competent Authorities in writing. E. E. Any person who cannot be cleared by using any combination of applicable Screening procedures shall be referred to a LEO. F. 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. G. 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. H. 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. I. 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. J. 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.

Artikel VIII

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:

A. 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; B. B. The operators of the ETD devices shall consult with DHS/TSA to determine the appropriate ETD settings; and C. C. The operators of the screening equipment shall provide for daily calibration of Screening equipment and periodic maintenance.

Artikel IX

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:

A. 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:

      1.
      X-ray Screening;
    
    
      2.
      ETD; and/or
    
    
      3.
      Physical inspection.

1. 1. X-ray Screening;
      

2. 2. ETD; and/or
      

3. 3. Physical inspection.
      

B. B. Inspections of carry-on items at each X-ray unit in operation at each Passenger Screening Checkpoint shall be continuously conducted. C. 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. D. 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:

      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
    
    
      2.
      Physical inspection – conduct a physical inspection of the carry-on item.

1. 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
      

2. 2. Physical inspection – conduct a physical inspection of the carry-on item.
      

E. E. Property that cannot be cleared by using any combination of the agreed upon procedures shall be referred to a LEO.

Artikel X

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.

B. The Competent Authorities shall conduct periodic joint operational assessments of the Screening standards implemented at the Preclearance Airport to ensure that the standards and their implementation and performance are comparable to those implemented and performed at commercial airports in the United States.

C. The Competent Authorities shall coordinate on development of a mutually acceptable schedule of such joint operational assessments of the Preclearance Airport. Each joint operational assessment shall be scheduled at least sixty (60) days in advance of conducting such assessment.

Artikel XI

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.

Artikel XII

A. Each Party shall bear all costs, including travel expenses, associated with the participation of its own personnel in work performed under this Agreement.

B. All activities pursuant to this Agreement are subject to the availability of appropriated funds and personnel.

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.

Artikel XIII

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.

B. The release of Confidential Information by DCA to DHS/TSA is subject to the prior approval of its Director.

C. The release of Sensitive Security Information by DHS/TSA to DCA is subject to the prior approval of the TSA Administrator and to the handling, distribution and storage requirements contained in Annex B hereto.

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.

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:

1. 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;
2. 2. It complies with any distribution and access restrictions on information that is provided pursuant to the Annexes or Appendices to this Agreement;
3. 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.

F. The Competent Authority of each Party shall ensure that access to Confidential Information and/or Sensitive Security Information is limited to those persons who possess requisite security clearances and have a specific need for access to the information as specified in an Annex or Appendix to this Agreement.

Artikel XIV

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.

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.

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.

Artikel XV

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.

Artikel XVI

A. Any amendment to this Agreement or its Annexes shall be mutually agreed upon through diplomatic channels by the Parties and shall come into force in accordance with the procedure laid down in Article XVIII.

B. DHS/TSA and MT may agree in writing to amend any Appendix without an exchange of diplomatic notes.

Artikel XVII

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.

Artikel XVIII

A. This Agreement shall enter into force thirty days from the date of the later note in an exchange of diplomatic notes by the Parties in which each Party informs the other that it has completed its necessary internal procedures for entry into force of this Agreement.

B. This Agreement may be terminated at any time by either Party by providing sixty (60) days’ notice in writing to the other Party. Termination of this Agreement shall not affect obligations of the Parties under Article XIII and XVII of this Agreement. Each Party shall have one hundred twenty (120) days to close out covered activities following termination of this Agreement. Termination of this Agreement shall also terminate all Annexes and/or Appendices concluded by the Parties pursuant to this Agreement. Termination of any Annex or Appendix affects only those activities covered by the terminated Annex or Appendix.