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:
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.
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.
The United States inspection agencies may decline to conduct preclearance in respect of any air carrier until the carrier:
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
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.
With respect to private aircraft:
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
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.
Artikel VIII
Artikel VIII
Onderdeel van Verdrag tussen het Koninkrijk der Nederlanden met betrekking tot Aruba en de Verenigde Staten van Amerika inzake douanevoorinspectie· Belastingrecht
Deze tekst geldt sinds 7 januari 2009