DELIVERY OF DRAFT U.S.-IRELAND PRECLEARANCE AGREEMENT

UNCLAS DUBLIN 000919

SIPDIS

SENSITIVE
SIPDIS

STATE FOR EUR/WE AND EEB JOHN BYERLY AND WIN DAYTON

E.O. 12958: N/A
TAGS: EAIR ECON PGOV PREL EI
SUBJECT: DELIVERY OF DRAFT U.S.-IRELAND PRECLEARANCE AGREEMENT

Ref: (a) Rosenzweig-Nystrom email, 12/14/2007; (b) Dublin 888


1. (SBU) Per Ref A, on December 18, 2007, Post delivered a hard
copy of the draft U.S.-Ireland Agreement on Air Transport
Preclearance to the Irish Department of Foreign Affairs under cover
of a diplomatic note. The texts of the diplomatic note and draft
agreement follow.


2. (SBU) Department of Homeland Security and Irish officials plan
to hold initial negotiations the week of January 28 in Dublin to
discuss the draft agreement.


3. (SBU) The text of the diplomatic note follows.

BEGIN TEXT OF DIPLOMATIC NOTE
--------------

No. 788

The Embassy of the United States of America presents its compliments
to the Department of Foreign Affairs and has the honor to transmit a
proposed agreement on air transport preclearance to facilitate air
travel between Ireland and the United States. The proposed
agreement expands the existing Agreement Between the United States
of America and Ireland on Preinspection, signed at Dublin on June
25, 1986 and supplemented by the agreement effected by an exchange
of notes at Washington, March 21, 1988, to extend the preinspection
program to full preclearance for eligible flights at the Shannon and
Dublin International Airports, where the facilities and other
physical conditions will be properly expanded and configured to
enable U.S. Customs and Border Protection to carry out its mission,
with respect to the examination and inspection of passengers and
their possessions, aircraft crew, baggage and aircraft stores, as
well as the inspection and control of aircraft seeking entry to the
Untied States. The proposed agreement reflects the mutual
commitment by the United States and Ireland to a high standard of
service and fair and equitable treatment of air carriers and
passengers.

The Embassy of the United States avails itself of the opportunity to
renew to the Department of Foreign Affairs the assurances of its
highest consideration.

Embassy of the United States of America
Dublin, December 18, 2007

END TEXT OF DIPLOMATIC NOTE
--------------


4. (SBU) The complete text of the draft U.S.-Ireland Agreement on
Air Transport Preclearance follows.

BEGIN TEXT OF DRAFT AGREEMENT
--------------

AGREEMENT ON AIR TRANSPORT PRECLEARANCE
BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA
AND THE GOVERNMENT OF IRELAND

The GOVERNMENT OF THE UNITED STATES OF AMERICA and the GOVERNMENT OF
IRELAND, hereinafter "the Parties",
CONSIDERING that Preclearance facilitates air travel between the two
countries and is of mutual benefit to both Parties;

CONSIDERING the success and benefits to both Parties of U.S.
immigration pre-inspection at Shannon and Dublin International
Airports in the Republic of Ireland, which was established pursuant
to the Agreement Between the United States of America and Ireland on
Preinspection, signed at Dublin June 25, 1986 and supplemented by
the agreement effected by an exchange of notes at Washington March
31, 1988;

DESIRING to expand the pre-inspection program to full Preclearance
for eligible flights at the Shannon and Dublin International
Airports, where the facilities and other physical conditions will be
properly expanded and configured to enable U.S. Customs and Border
Protection to carry out its mission, with respect to the examination
and inspection of passengers and their possessions, aircraft crew,
baggage and aircraft stores, as well as the inspection and control
of aircraft seeking entry to the United States;

COMMITTED to a high standard of service and fair and equitable
treatment of air carriers and passengers;

AGREE as follows:

Article 1
Definitions

For the purposes of this Agreement:
1) "Air Industry" means airport authorities and scheduled/charter
air carriers and, if applicable, any private aircraft
owner/operator.

2) "Aircraft commander" means any person serving on an aircraft who
is in charge or has command of its operation and navigation.

3) "Eligible Flight" means any commercial scheduled/charter flight,
to include ferry flights, and any flight by private aircraft, that
has requested and been approved for preclearance service through the
Inspecting Party. State aircraft will be considered by the
Inspecting Party on a case by case basis.

4) "Goods" means personal effects, wares of any description, any
means of transport (conveyances),animals and plants and their
products, currency and other monetary instruments, and any document
in any form.

5) "Host Party" means the Party from whose territory passengers and
goods destined for the territory of the Inspecting Party are
precleared.

6) "Host Party Official" means any person or government official
representing the Host Party in the territory in which Preclearance
is conducted, who is authorized by that Government's law to assist
in the Preclearance process.

7) "Inspecting Party" means the Party responsible for preclearing
passengers and goods destined for its territory on the territory of
the Host Party.

8) "Inspecting Authority" - means any agency of the Inspecting Party
responsible for the preclearance of passengers and their goods in
the territory of the Host Party. For the United States, the
Inspecting Authority is U.S. Customs and Border Protection (CBP).

9) "In-Transit Preclearance" means the preclearance of passengers
and their goods, as well as aircraft coming from third countries
that do not formally enter the Host Party's territory;

10) "In-Transit Preclearance Area" means all or part of a
preclearance area that is used for in-transit preclearance;

11) "Law Enforcement Officer" means for the Government of Ireland,
Irish Peace Officers who are authorized to carry weapons and make
arrests, as well as members of the Irish National Police (GARDA);
and, for the Government of the United States, any U.S., federal, or
state or local law enforcement officer;

12) "Preclearance" means the procedure of conducting in the
territory of one Party, examination and inspection required for
entry/admission into the territory of the other Party;

13) "Preclearance Area" means the limited and operationally
contiguous part of an airport terminal and its grounds designated by
the Host Party within which Preclearance Officers exercise specified
powers and authorities. In the commercial environment, the area
consists of: the queuing area used exclusively for Preclearance
purposes clearly demarcated in front of the primary inspection area;
Inspecting Party primary and secondary examination areas; the
departure lounges for flights bound for the territory of the
Inspecting Party; connecting corridors, baggage make-up areas,
tarmac areas designated for aircraft which will carry precleared
passengers, crew and baggage; aircraft destined for the territory of
the Inspecting Party that are to be precleared; processing and/or
waiting areas or areas containing kiosks or other equipment
associated with expedited/trusted traveler membership programs (such
as, for the United States, International Expedited Traveler (IET),
NEXUS Air, US PASS),if applicable; and, all designated conveyances
for precleared passengers or crew used for the transportation of
passengers or crew between sterile areas of terminals or from the
terminal to the departing aircraft (e.g., buses). When Travelers
cannot board a departing aircraft by means of a connecting corridor
or designated conveyance, the Preclearance Area shall also include a
clearly demarcated area leading to that aircraft for the period of
time during which boarding takes place. With respect to the
preclearance of private aircraft, the area consists of: the private
aircraft processing facility, to include primary and secondary
examination areas and any passenger waiting lounge; tarmac areas
designated for private aircraft which will carry precleared
passengers, crew and baggage; and any private aircraft that is
destined for the U.S. and is waiting to be precleared or has been
precleared.

14) "Preclearance Facility" means the physical inspection
infrastructure located in the territory of the Host Party, to
include all offices within the commercial air and private aircraft
facilities, all primary and secondary examination areas, and all
administrative areas, as well as any and all equipment required for
the processing of passengers and their goods (including, where
applicable, in-transit passengers and goods) by the Inspecting
Party.

15) "Preclearance Officer" means an officer designated by the
Inspecting Party to carry out Preclearance in the Host Party's
territory. For the United States, this means officers of CBP.

16) "Private aircraft" means any aircraft engaged in a personal or
business flight to the territory of the Inspecting Party which is
not carrying passengers and/or cargo for commercial purposes.

17) "Post Clearance" means the clearance of aircraft, crew,
passengers and goods in the territory of the Inspecting Party.

18) "Travelers" means any air passengers or crewmembers seeking
entry/admission to the territory of the Inspecting Party through the
Preclearance Facility.

Article II
Preclearance Area and the Laws Applicable

1) The Government of Ireland (hereinafter referred to as the "Host
Party"),before designating a Preclearance Area, shall consult with
participating air industry representatives in order to seek their
recommendations on the precise location of the Preclearance
Facilities and, if applicable, any In-Transit Preclearance Areas.

2) Both Parties shall mutually consult and determine the designation
and boundaries of the Preclearance Area, including the In-Transit
Preclearance Area, if applicable.

3) In view of the fact that the law of the Host Party applies in the
Preclearance and In-Transit Preclearance Areas and that United
States (hereinafter referred to as the "Inspecting Party")
Preclearance Officers must also administer the Inspecting Party's
laws referred to in paragraphs 4 and 7, Preclearance shall be
carried out in a manner consistent with the laws of both Parties.

4) The Inspecting Party may apply any of its customs, immigration,
agriculture and public health laws and regulations to aircraft,
passengers, aircraft crew, baggage, and aircraft stores in the
territory of the Host Party which are subject to Preclearance, for
the purpose of administering and enforcing these laws, including
establishing and enforcing penalties for violations of these laws
and regulations.

5) Only persons who are Travelers en route to the Inspecting Party's
territory or any person or category of persons designated or
authorized by the Host Party in consultation with the Inspecting
Party, shall enter a Preclearance Area.

6) Every person who enters a Preclearance Area shall be required to
report to a Preclearance Officer without delay, to report goods in
his/her possession or goods that form part of their baggage, and to
present these goods for inspection as required.

7) The Inspecting Party may conduct Preclearance
operations/activities at Preclearance Areas in the airports of the
Host Party in order to assure that persons and goods entering the
territory of the Inspecting Party conform to its laws, including
those concerning customs, immigration, public health, food
inspection and plant and animal health.

8) The Inspecting Party shall have the right, in accordance with its
laws and regulations, to refuse admission of persons and entry of
goods and aircraft destined for its territory.

9) The Inspecting Party shall be authorized to administer its civil
fines, assess monetary penalties and enforce its laws pertaining to
seizure and forfeitures for violations of the law of the Inspecting
Party. In those cases where the Host Party institutes penal
proceedings, the Inspecting Party shall forgo pursuit of any
applicable fines and penalties with respect to the same act or
omission until the close of the Host Party's matter.

10) Goods that are required as evidence of an offense which is
proceeding to resolution in a court of the Host Party, as well as
those which are required by law to be dealt with in accordance with
the Host Party law, shall be retained by the Host Party to be dealt
with in accordance with its laws and any applicable international
agreements between the Parties. In the event that such goods held as
evidence are not forfeited by the Host Party in connection with such
judicial proceedings, the Inspecting Party may exercise the option
to pursue forfeiture or take custody of the goods for evidentiary
purposes under its own laws upon the conclusion of the Host Party's
proceedings.

11) Nothing in the Agreement affects the authority of the Inspecting
Party to enforce its civil and criminal laws within its own
territory.

12) The Parties shall establish mutually acceptable standard
operating procedures concerning Preclearance, including protocols
for resolution in the event of a positive alarm during
radiological/nuclear screening of aircraft, Travelers and/or their
goods. The Host Party will secure and dispose of any illicitly
trafficked radiological/nuclear materials detected.

13) Nothing in the Agreement affects the rights and obligations of
the Parties under other international agreements.

14) Activities under the Agreement are subject to the availability
of appropriated funds.

Article III
Preclearance Locations

1) The Inspecting Party shall commence Preclearance service at the
Shannon and Dublin International Airports on the date of entry into
force of this Agreement, provided a suitable Preclearance Facility
for both the commercial air and private air environments is made
available at each location that meets U.S. Customs and Border
Protection's (CBP) (hereinafter referred to as the "Inspecting
Authority") Airport Technical Design Standards and otherwise
satisfies the conditions noted below in paragraph 6.

2) In developing or modifying its Preclearance Facility
requirements, the Inspecting Authority shall consider the views of
the local Air Industry and the local airport authorities.

3) Where modifications to Preclearance Facilities are essential to
achieve compliance with the requirements of one or both of the
Parties, the requesting Party shall consult with the airport
authority and establish a reasonable time frame for implementation
of such modifications by the airport authority.

4) In-transit Preclearance procedures shall be considered and may be
adopted at an air Preclearance location upon agreement of both
Parties.

5) A decision to terminate services at a Preclearance location shall
be a joint decision by written agreement of the Parties based upon
relevant factors, including national security interests, sustained
and substantial decrease in traffic and after consultation with the
applicable airport authority and the local Air Industry.

6) The provision of Preclearance services at an airport, including
the Shannon and Dublin International Airports identified in
paragraph 1 hereof, shall be contingent upon:

a) The availability of funding (consistent with the terms of Article
VIII (Cost of Preclearance)) for the construction, operation and
maintenance of the Preclearance Facility. The Facility must be
mutually acceptable to the Parties and meet the Inspecting
Authority's Airport Technical Design Standards, unless the Parties
agree that clear reasons exist for modification;

b) The existence of sufficient traffic to make feasible the
efficient operation of the Preclearance Facility, taking into
account available inspection technologies and procedures;

c) Each airport authority providing a high standard of security in
the Preclearance Area as set forth in Annex I (Security
Arrangements) for Preclearance Officers

d) Each airport authority taking all appropriate steps to protect
the Preclearance Area and Facility and the contents therein,
including computer systems, official archives and documents
maintained and used by the Inspecting Authority, against any
intrusion or damage and to prevent any disturbance of the peace on
the premises. Official archives, including electronic files and
documents, of the Inspecting Party located in the designated
Preclearance Area and Facility shall enjoy the same inviolability as
consular archives under the Vienna Convention on Consular Relations;


e) Each airport authority ensuring that it has an airport security
program that maintains the sterility of the Preclearance Area and
restricts access to the Preclearance Area to authorized personnel
only. Non-Travelers will not be permitted access to the Preclearance
Area unless and until they have been vetted by the Inspecting
Authority to determine their suitability for access to the
Preclearance Area. In determining who may have access to the
Preclearance Area, the Inspecting Authority shall consult regularly
with the airport authority and give full consideration to the views
expressed by each Party regarding access to the Preclearance Area. A
local consultative mechanism to address security concerns within the
Preclearance Area, comprised of representatives from each Party,
shall be established at each airport;

f) Each airport authority establishing, implementing and maintaining
a plan for coordinating air carrier requests for the preclearance of
flights with appropriate personnel of the Inspecting Authority at
least 60 days in advance of the requested preclearance operation in
accordance with Annex II.

g) The completion of a commercial air and private air Preclearance
Facility that meets the Inspecting Authority's Airport Technical
Design Standards.

7) If an airport authority fails to meet these conditions and the
Inspecting Party considers that its operations are at risk as a
result, the Inspecting Party may request immediate consultations.
Failure to reach a satisfactory resolution within 15 days may result
in the Inspecting Party suspending the operation under discussion.
When justified by an emergency, the Inspecting Party can take
interim action prior to the expiry of 15 days.

Article IV
Host Party's Obligations

1) Within a Preclearance Area the Host Party shall permit the
Inspecting Party to conduct and perform the following enforcement
related functions:

a) Inspections - Preclearance Officers are authorized to:

i) conduct the preclearance of , including searches, of Travelers,
their baggage, personal effects and any goods in their possession
destined for the territory of the Inspecting Party;

ii) examine aircraft that are destined for the territory of the
Inspecting Party, including all goods that are in, or that are to be
loaded onto, the aircraft, as well as aircraft stores;

iii) determine the procedures under which the inspections will be
carried out to include the utilization of human resources; and

iv) detain, with appropriate assistance of the Host Party, any
aircraft destined for the U.S. until the resolution of any suspected
violations of Host Party or Inspecting Party law.

b) Detention - Preclearance Officers are authorized to:

i) detain any Traveler seeking entry into the United States while
the Preclearance Officers determine the Traveler's admissibility
and/or whether or not a violation of U.S. law has occurred. In those
instances where it is suspected a violation of Host Party law has
occurred, the Traveler and his/her goods will be expeditiously
turned over to authorities of the Host Party. Individuals suspected
of violating Inspecting Party law will be examined and if necessary,
be issued any applicable penalty, fee, or demand for duty or tax and
be processed and/or permitted to travel to the territory of the
Inspecting Party where appropriate enforcement action may be taken.


ii) detain and search any non-Traveler in the Preclearance Area
suspected of violating either Party's law and to turn over violators
of Host Party law to Host Party officials.

iii) order anyone found in the Preclearance Area to report to a
Preclearance Officer or leave the area. At any stage in the
Preclearance process, the Inspecting Party shall permit Travelers to
leave the Preclearance Area unless the Traveler is detained for
reasons noted above in sub-paragraphs (i) and (ii).

c) Personal Search - Preclearance Officers are authorized to:

i) conduct personal searches in accordance with the Inspecting
Authority's Personal Search Policy and Inspecting Party law.
Immediate pat downs for weapons (conducted for officer and public
safety purposes),pat downs (for goods),and partial body searches
(to recover material evidence reasonably suspected to be concealed
on the body, including as the result of an immediate pat down or pat
down) will be the only types of personal searches authorized to be
conducted by Preclearance Officers. Only Host Party Officials shall
have the authority to conduct personal searches considered more
intrusive than partial body searches, such as: body cavity searches
and medical examinations typically involving X-rays and monitored
bowel movements.

ii) perform an immediate pat down of a person of the opposite sex
only if the

Preclearance Officer suspects on reasonable grounds that the person
is carrying an item that would present a danger to human life or
safety. If no Preclearance
Officer of the same sex as that of the Traveler is available to
conduct a Pat Down or Partial Body Search, then the Preclearance
Officer may authorize any suitable person of the same sex to conduct
the search.

iii) make requests of the Host Party to conduct personal searches
deemed more intrusive than partial body searches, such as: body
cavity searches and medical examinations typically involving x-rays
and monitored bowel movements. When performed by Host Party law
enforcement officials at the request of the Inspecting Authority,
the Inspecting Authority may witness the search. If no Preclearance
Officer of the same sex is available, then the Preclearance Officer
may authorize any suitable person of the same sex to observe the
search.

d) Weapons Carry - Preclearance Officers, acting on reasonable
grounds, are authorized to:

i) carry, and when appropriate, use firearms as a means of
self-protection or for the protection of anyone in the Preclearance
Area from death or grievous bodily harm.

ii) use force as is reasonable necessary to perform their
Preclearance duties under the Agreement. Preclearance Officers may
use force only when necessary, that is when the Inspecting Party has
a reasonable belief that the Traveler or subject of such force poses
an imminent danger of death or serious physical injury to a
Preclearance Officer or to another person in the Preclearance Area.


e) Collections, Seizure and Forfeiture - Preclearance Officers are
authorized to:

i) Examine, detain and seize goods and/or private aircraft, and if
applicable, cause their forfeiture to the Inspecting Party in those
instances where there is a violation of Inspecting Party law
detected and the act does not violate the Host Party's law, or the
Host Party elects not to seize and forfeit the goods based upon a
violation of its own law;

ii) assess and collect all applicable Inspecting Party duties,
taxes, fees, and penalties from Travelers as necessary to protect
the revenue of the Inspecting Party and enforce applicable laws of
the Inspecting Party;

iii) detain and transfer to Host Party officials all goods for which
the possession, import, export, or handling of such goods is
prohibited under Host Party laws where (1) there is a violation of
the laws of both Parties and the Host Party will pursue action
against a violation of its law, or (2) there is no violation of
Inspecting Party law detected. In cases where there is a violation
of the Host Party's laws as well as Inspecting Party law and the
Host Party seizes the goods and holds them as evidence but elects
not to institute forfeiture proceedings under its own laws, the Host
Party will promptly return the goods to the Inspecting Party
following conclusion of its legal and/or administrative proceedings
for forfeiture under Inspecting Party law.

f) Security - In both the commercial air and private air
environments:

i) When a Traveler on a precleared flight is refused passage onwards
because of his/her refusal to comply with applicable laws and
procedures, or a determination of inadmissibility to the territory
of the Inspecting Party, upon request of a Preclearance Officer, the
Host Party shall provide appropriate law enforcement assistance to
prevent such person from boarding the aircraft;

ii) The Host Party shall ensure that an armed law enforcement
presence is available for assistance to the Inspecting Party's
Preclearance Officers in accordance with this Article and Annex I
(Security Arrangements); and

iii) The Host Party shall provide law enforcement assistance to the
Inspecting Party's Preclearance Officers during the detention,
inspection and/or search of any private aircraft and to prevent any
unauthorized departure, if requested by the Preclearance Officers.

2) Outside the Preclearance Area, Preclearance Officers may:

a) request that a Traveler or his/her goods be returned by the Host
Party to the Preclearance Area to ensure compliance with the
requirements of the Inspecting Party; and

b) request that a Host Party law enforcement officer escort any
Traveler and their goods to the Preclearance Area if a Traveler
refuses to return to the Preclearance Area.

3) The Host Party shall provide training as necessary for
Preclearance Officers regarding Host Party law and regulations that
pertain to Preclearance in the Host Country.

Article V
Inspecting Party's Obligations and Authorities

1) On the territory of the Host Party, the Inspecting Party shall:

a) provide a high level of service to the traveling public and
efficient Preclearance operations;

b) provide a sufficient number of Preclearance Officers, supported
by technologies, to carry out with reasonable speed and efficiency,
preclearance of aircraft, crew, Travelers and their goods, baggage
and aircraft stores on eligible flights of carriers for which
preclearance has been approved;

c) give consideration to using flexible practices and operating
procedures, which may improve the efficiency of preclearance or
address temporary disruptions;

d) use best efforts to secure resources if additional staff and
other resources are required to operate Preclearance approved by
both Parties;

e) consider requests from the local Air Industry and each airport
authority to improve their operational efficiency through flexible
procedures that meet the controls and sterility standards
established by the Inspecting Party and are consistent with the
efficient use of Inspecting Party Preclearance personnel and
resources; and

f) give at least 90 days advance notice of reductions of service to
the appropriate airport authorities, air industry, and the Host
Party.

2) The provisions set forth in Annex II shall be applied in
determining the flights for which the Inspecting Party authorizes
Preclearance.

3) The Inspecting Party shall have the right:

a) to deny preclearance to flights in any case where authorized
under its law;

b) to require post clearance as it deems necessary of any aircraft,
Traveler or goods on any flight;

c) to preclear eligible flights only if Travelers can be routed
through the designated Preclearance Area;

d) to decline to conduct Preclearance for any air carrier or
aircraft until that air carrier or aircraft commander has satisfied
the Inspecting Party that it will deny carriage to anyone failing to
submit to a Preclearance inspection and to anyone who, having
submitted to such inspection, is found ineligible by the Inspecting
Party to board a precleared flight;

e) to deny in-transit privileges to any air carrier or aircraft
commander, which/who would not otherwise be authorized by the
Inspecting Party's civil aviation authorities to fly to the
Inspecting Party's territory; and

f) to refuse to preclear any Traveler and his/her goods if the
Traveler does not satisfy the Inspecting Party's Preclearance
Officer that he/she qualifies for Preclearance or that his/her goods
can be lawfully imported into the Inspecting Party's territory.

4) The Inspecting Party shall:

a) dispose of goods that neither Party, nor the Traveler or
non-Traveler retains, in accordance with the procedures mutually
established by the Parties;

b) detain and transfer to the Host Party without delay any goods
where (1) the possession, import, export, or handling of such goods
is in violation of the laws of both Parties and the Host Party has
made known explicitly to the Inspecting Party that it will pursue
action against the violation, or (2) where the goods are possessed,
imported, exported or handled in violation of the Host Party's law
and no violation of Inspecting Party law is detected; and

c) make goods that are forfeited to the Inspecting Party during
Preclearance subject to appeal procedures in the territory of the
Inspecting Party.

5) The Inspecting Party shall not detain a Traveler or any aircraft
within the Preclearance Area for more than a reasonable time as is
necessary to be processed by Preclearance Officers in accordance
with this Agreement or, if further proceedings are required, for an
appropriate Host Party official to take custody of the aircraft,
Travelers, goods or other evidence. Non-Travelers detained by the
Inspecting Party under conditions outlined in Article IV, paragraph
1, shall not be detained for more than a reasonable time as is
necessary to determine whether a violation of law has occurred and
for appropriate Host Party Officials to take custody of the
violators, if necessary.

6) The Inspecting Party shall not be responsible for costs
associated with Travelers or non-Travelers obtaining advice from
legal counsel.

7) In the Preclearance Area, the Inspecting Party shall ensure that
information provided by the Host party, e.g., signage, brochures
and/or other communication materials outlining the rights and
obligations of Travelers, is readily available and posted for the
Travelers to view.

Article VI
In Transit Preclearance

In-Transit Preclearance operations shall, upon agreement by both
Parties, be implemented at locations with Preclearance service
established pursuant to this Agreement, including the Shannon and
Dublin International Airports.

Article VII
Role of Airport Authorities

1) The Host Party shall ensure that the airport authorities for
airports at which Preclearance is established pursuant to this
Agreement:

a) permit the installation and operation by the Inspecting Party of
such communications and other modern inspection aids as are
required, including radiological and nuclear detection devices;

b) ensure that each Preclearance Area and, if applicable, each
In-Transit Preclearance Area is clearly demarcated;

c) ensure that there will be no public access to the area designated
as the "Preclearance Area" by allowing only Travelers destined for
the Inspecting Party's territory and authorized personnel to enter
this area;

d) post signage and make available information regarding the rights
and obligations of travelers in a Preclearance Area;

e) if applicable and approved, provide adequate facilities for the
operation of In-Transit Preclearance; and

f) agree to follow designated procedures regarding the advance
notification to the Inspecting Party of the identity of any private
aircraft requesting preclearance (see Annex II).

Article VIII
Participation of Air Carriers

1) The Inspecting Party shall permit each air carrier and aircraft
commander the option to use Preclearance or post clearance for
flights, subject to the following conditions:

a) Any air carrier seeking approval of Preclearance services will be
required to make such request in writing no later than 60 days
before the proposed commencement of service. All requests for
Preclearance must be directed to the applicable representative of
the Inspecting Authority's Port Director for that Preclearance
Facility. For adjustments to air carrier flight schedules in
accordance with Annex II (1),the Inspecting Authority shall require
30 days notice of any anticipated schedule changes;

b) Any air carrier desiring to withdraw entirely from Preclearance
at any location will be required to provide 90 days advance written
notice to both Parties. However, if neither Party objects, the air
carrier may withdraw sooner. The Inspecting Party may require
reasonable notice be provided to withdraw from Preclearance only in
respect to one or more eligible routes; and

c) Aircraft commanders will be required to comply with laws
governing their landing, entry and clearance in the Inspecting
Party's territory. The Host Party will endeavor to ensure that all
aircraft commanders seeking preclearance provide advance notice of
their departure from the territory of the Host Party to the
territory of this Inspecting Party in order to schedule Preclearance
services (see Annex II).

2) Where In-transit Preclearance is introduced in accordance with
the terms of this Agreement, the Host Party shall ensure that each
airport with In-Transit Preclearance makes available the in-transit
process to all carriers and aircraft commanders that have agreed to
participate in the in-transit program.

3) Cargo services (i.e., preclearance of cargo) shall not be
eligible for Preclearance services under this Agreement.

Article IX
Cost of Preclearance

The cost of Preclearance shall be borne as follows:

(a) The Inspecting Party, pursuant to its laws and regulations
governing Preclearance/preinspection, shall be responsible for its
personnel and operations costs (other than facility costs) of
conducting Preclearance activities, and may charge appropriate
inspection user fees;

(b) In accordance with Article V (3)(d) of this Agreement, for any
Traveler refused passage onward by the Inspecting Party based upon
the authority of the Inspecting Party, the air carrier or the
aircraft commander concerned shall be responsible for any costs,
including, where necessary, accommodation and maintenance costs
arising from the removal to that individual's point of embarkation,
or to the country of which he/she 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 using Preclearance
services; and

(d) The cost of Preclearance services under subparagraphs (a) and
(c),above, shall be allocated in the manner set forth in the
Inspecting Party's Airport Technical Design Standards document.

Article X
Privileges and Immunities


1. Preclearance Officers shall not be amenable to the jurisdiction
of the Host Party in respect of acts performed or omitted to be
performed by them in the course of their official duties under this
Agreement.


2. The Host Party may request the removal of a Preclearance Officer
who abuses his/her official position.


3. Preclearance Officers and accompanying family dependants except
those who are citizens or permanent residents of the host country,
shall be granted tax-free and duty-free benefits with respect to the
payment of excise duties and taxes, and customs duties on goods for
personal consumption, in reasonable quantities brought into the Host
Party territory.

Article XI
Consultations

1) Local airport mechanisms shall be used to address issues
pertinent to a particular Preclearance location. Issues which cannot
be resolved at the local level, shall be referred to the
U.S./Ireland Preclearance Consultative Group.

2) The Parties shall establish a U.S./Ireland Preclearance
Consultative Group consisting of representatives of each Party. The
U.S./Ireland Preclearance Consultative Group shall meet on a regular
basis, at least annually, to review any issues related to this
Agreement.

a) Other interested groups, including the Air Industry, may attend
portions of the U.S./Ireland Preclearance Consultative Group
meetings, as mutually determined by the Parties.

b) The U.S./Ireland Preclearance Consultative Group shall commence
consultations within 30 days of the receipt of the request by either
Party, to convene the Consultative Group unless otherwise agreed
between the members.

c) Where the U.S./Ireland Preclearance Consultative Group fails to
resolve a matter within 30 days from commencement of the
consultations, unless otherwise agreed between the Parties, the
affected Party may request a meeting of the Parties.

3) At any time, either Party may request consultations regarding any
portion of this Agreement. Such requests may include, but are not
limited to, changes in domestic law or any other matter a Party
considers may affect the interpretation, application, or
implementation of this Agreement.

a) On matters which the requesting Party states are urgent, such
consultations between the Parties shall commence within 15 days of
the date of the request, or in accordance with Article III,
paragraph 8, or as otherwise agreed to between the Parties.

b) Consultations on other issues shall commence within 30 days of
the request, unless otherwise agreed to between the Parties.

4) The Parties agree that if a court or tribunal of either nation
should determine that any Preclearance activity or operation is
contrary to the laws of either party, the Parties should consult on
how to proceed.

5) As appropriate, either Party may engage the services of an
independent contractor to conduct surveys regarding the Preclearance
process. The results of these surveys shall be provided to both
Parties. Either Party, with the concurrence of the other Party, may
also conduct their own surveys regarding the Preclearance process.

Article XII
Annexes

The Annexes constitute an integral part of this Agreement.

Article XIII
Reciprocity

Should the Government of Ireland seek to establish Preclearance
service at airports in the United States of America, the Government
of the United States shall consult with relevant authorities at U.S.
airport(s) which are mutually identified by the Parties, to
determine the feasibility and details of establishing reciprocal
Preclearance service under the terms of this Agreement. Reciprocal
preclearance rights may be agreed to by the Parties in an amendment
of this Agreement.

Article XIV
Entry into Force

1) This Agreement shall enter into force on the date of the later
note in an exchange of diplomatic notes in which each Party informs
the other that it considers the requirements of Article III,
paragraph 6 to have been met with respect to Preclearance service at
Shannon and Dublin International Airports and that it has completed
its necessary internal procedures for entry into force of the
Agreement.

2) This Agreement and its Annexes maybe amended by written agreement
of the Parties. Upon entry into force, this Agreement shall
supersede the Agreement between the United States of America and
Ireland on Preinspection, signed at Dublin June 25, 1986, as
supplemented by the agreement of March 31, 1988.

3) This Agreement shall continue in force unless terminated by
either Party giving one year's written notice to the other Party.
DONE in two originals at ( ) this ( ) day of (
),2008.
( ) FOR THE GOVERNMENT OF THE UNITED STATES
OF AMERICA
( ) FOR THE GOVERNMENT OF IRELAND

Annex I
Security Arrangements

1) Both Parties agree that at any Preclearance site it is essential,
for the security of Preclearance Officers and the Preclearance
operation in general, to have a high standard of security in the
Preclearance Area including the presence of armed Host Party law
enforcement officers during the hours of operation. In the case of
Preclearance Facilities located on Ireland's territory, the
following provisions shall apply:

a) With regard to commercial aircraft:

i) Ireland shall ensure a high standard of security for U.S.
Preclearance Officers. During peak hours of operation (to be
determined locally at each airport) a continuous armed Irish law
enforcement presence will be provided within the Preclearance Area;
and

ii) During non-peak hours of operation (to be determined locally at
each airport) the following standard will apply: armed Irish law
enforcement patrols will appear in the Preclearance Area every 15-30
minutes; when not on-site during non-peak hours, armed Irish law
enforcement response times of less than 3 minutes to emergency calls
from the U.S. Preclearance Area will be required. Disputes regarding
what constitutes an emergency will be resolved between the
Preclearance Port Director (CBP),the airport authority and the
locally responding Irish law enforcement agency. If no agreement can
be reached, consultations shall be held between the Parties.

b) With regard to private aircraft:

i) The Government of Ireland shall ensure a continuous armed law
enforcement presence in the Preclearance area/facility during all
hours of operation.

Annex II
Coordination of Preclearance Services

a) Consistent with Article VIII and/or, if applicable, Article X,
for Preclearance purposes, airport authorities and commercial air
carriers will be required to notify the Inspecting Party of any
proposed seasonal schedules and new flights, no less than 60 days in
advance of their implementation. For subsequent limited adjustments
to seasonal schedules, Article VIII, paragraph 1(a) shall apply. The
Inspecting Party and Host Party will develop procedures to ensure
adequate advance notice of arrival to the Inspecting Party for the
preclearance of private aircraft.

b) The Inspecting Party shall endeavor to accommodate all requests
for Preclearance service when such requests are made in the
timeframes specified in paragraph (a) above and shall work with
airport authorities and commercial air carriers to accommodate new
flights and changes in flight schedules. The Inspecting Party will
endeavor to accommodate requests for Preclearance service made by
private air owners/operators in accordance with the joint procedures
that are developed by the Inspecting Party and Host Party (as
referenced in paragraph a).

c) Consistent with Article XI, any request for Preclearance service,
not resolved at the local level shall be referred to the
U.S./Ireland Preclearance Consultative Group.

d) The Inspecting Party, in its sole discretion, shall have the
right to determine on a case-by-case basis whether to provide
Preclearance service to any irregular or ad hoc flights during
mutually agreed upon normal hours of operation when there has been
insufficient coordination with the Inspecting Party.

e) The Inspecting Party shall have the right to determine on a
case-by-case basis whether to provide Preclearance service to
flights outside mutually agreed upon normal hours of operation.

END TEXT OF DRAFT AGREEMENT
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FAUCHER