Art. III Verdrag tussen de regering van het Koninkrijk der Nederlanden ten behoeve van Aruba en de regering van de Verenigde Staten van Amerika inzake douane-voorinspectie — Aruba Obligations and Authorities

1. In order to preserve the integrity of Preclearance, Aruba shall: Designate the boundaries of the Preclearance Area subject to mutual concurrence with the United States in writing and supported through the use of drawings or maps. Permit Preclearance Officers to wear official uniforms of the United States for the performance of their duties in the Preclearance Area and while transiting to or from the Preclearance Area or other locations pursuant to their official duties; and Provide a continuous presence, during all hours of operation of the Preclearance Facility, of armed Aruba law enforcement officers in the Preclearance Area for safety, security, and force protection. Provide the United States with biographic and other identifying information of any person who requires access to the Preclearance Area for purposes other than to travel to the United States, such as access required in the performance of that person’s official duties, to conduct U.S. background screening of such persons in order to provide a notification to Aruba whether such person satisfies the United States’ criteria for access to the Preclearance Area for such persons in the performance of their duties. The process for such communication and consultations shall be reflected in a separate understanding between the United States and Aruba to be concluded prior to the implementation of any activities under this Agreement. 2. In order to facilitate the effective operation of Preclearance, Aruba shall: Permit Preclearance Officers: To carry out Preclearance of persons, Goods, aircraft, and Aircraft Stores on Eligible Flights; To determine procedures for carrying out inspections; To determine utilization of resources, including staffing levels and availability of staff to conduct Preclearance for a particular flight; and To, in the scope of their official duties, carry and use intermediate force devices and restraint devices solely in the Preclearance Area, except with prior written authorization that allows carriage in other areas, in accordance with Aruban laws, regulations, and use of force instructions. Prior to the implementation of any activities under this Agreement, a separate understanding between the United States and Aruba on the carry and use of intermediate force devices and restraint devices shall be concluded. Require persons who enter the Preclearance Area to report to a Preclearance Officer without delay and present Goods in that person’s possession, including Goods that form part of that person’s baggage, and, with respect to Travelers, undergo Preclearance; Authorize the installation and operation of such communication and inspection aids and equipment in the Preclearance Area as the United States determines it requires, including canine, radiological and nuclear detection devices, and baggage image and x-ray devices; Establish with the United States mutually acceptable written procedures regarding the operation of Preclearance, including written procedures that address resolution in the event of a positive alarm from an inspection aid used for biological, radiological, or nuclear preclearance screening of aircraft, Travelers, or Goods; and that address the continued physical security of Preclearance; Secure and dispose of any illicit or illicitly trafficked biological, radiological, or nuclear materials detected during Preclearance in accordance with written procedures developed in consultation with the United States; Upon request of Preclearance Officers, provide medical assistance to and access to medical isolation facilities for Travelers subject to Preclearance who are suspected of having a communicable disease proscribed under United States public health laws and regulations or who otherwise present a threat to public health; Provide training for Preclearance Officers on the laws, regulations and use of force instructions of Aruba pertaining to the authorities conferred in this Agreement; In the event of an outage or malfunction of crucial equipment or other aid used to conduct Preclearance or other circumstance that the United States determines prevents the provision of Preclearance services in the existing Preclearance Area, and as mutually determined by the Parties in writing, permit Preclearance Officers to operate with the same authorities as they have in the Preclearance Area within another designated area at an airport at which Preclearance is authorized pursuant to this Agreement; Permit Preclearance Officers and Preclearance Operational Support Personnel to enter the airport through staff and employee entrances, and if any screening of Preclearance Officers and Preclearance Operational Support Personnel is required, it shall occur in a separate and private area; and Permit DHS employees or contractors who are not assigned to the Preclearance Area and other official U.S. Government personnel visitors to obtain proper ID badges and enter and undergo screening at the employee entry and screening points to gain access to security sterile areas. 3. The Parties affirm that they have entered into a separate agreement regarding the implementation and maintenance of aviation security screening standards and protocols that are comparable to those in the United States. If the United States determines that the aviation security screening standards and protocols delineated in that separate agreement are not adequately implemented and maintained, travelers and their goods that are precleared by the United States in Aruba shall be subject to aviation security re-screening, consistent with Article IV(2)(m), before they shall be permitted to enter the sterile area of a United States airport to transfer to a connecting flight. 4. The Parties acknowledge that nothing in this Agreement infringes upon the authority of the Parties to impose charges on a non-discriminatory basis on Travelers or Air Carriers consistent with the Parties’ respective laws and regulations. 5. In order to facilitate the implementation of a separate arrangement between the Parties that permits enrollment in a United States trusted traveler program, Aruba shall permit Preclearance Officers the right to operate an Enrollment Center at Queen Beatrix International Airport, or other facility as mutually decided by the Parties in writing. With respect to such Enrollment Center, Aruba shall: Provide a continuous presence, during all hours of operation of the Enrollment Center, of armed Aruban law enforcement officers in the Enrollment Center for safety, security, and force protection. Permit the United States to: interview applicants seeking to participate in a United States trusted traveler program; collect information (including biometric information) from applicants as needed by the United States to evaluate membership in such program.

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