**1.** In order to preserve the integrity of Preclearance, the United States, acting through its Preclearance Officers, shall have the right:
Upon a determination by the United States that there has been a compromise to the security or sterility of the Preclearance Area or any aspect of Preclearance, that there is no United States carrier operating at an airport at which Preclearance is authorized pursuant to this Agreement, or that there is non-compliance with the terms of this Agreement, to suspend Preclearance until such time as the issue has been resolved to the satisfaction of the United States;
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, to operate with the same authorities as it has in the Preclearance Area within another designated area at an airport at which Preclearance is authorized pursuant to this Agreement;
To obtain information, including biometric and biographic information of a Traveler, as needed by the United States to implement this Agreement or as in accordance with United States laws, regulations, and policies;
To order any person found in a Preclearance Area to report to a Preclearance Officer, identify him- or herself and answer any questions about his or her purpose in the Preclearance Area;
To be provided by Aruba 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, and 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, 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; and
To order an unauthorized person found in a Preclearance Area to leave the area.
**2.** In order to facilitate the effective operation of Preclearance, and to the extent consistent with United States laws, regulations, and policies, and subject to the availability of funds as well as sufficient budgetary and personnel resources, the United States shall:
Respect Aruban laws, regulations, and use of force instructions regarding the use of force for carriage and use of intermediate force devices and restraint devices per a separate understanding between the United States and Aruba;
Give due consideration to using flexible practices or operating procedures that may improve the efficiency of the Preclearance Facility or address temporary disruption of preclearance, while maintaining authority over the conduct, availability, and operations of Preclearance Officers;
Provide a Baseline number of Preclearance Officers, consistent with the terms of an understanding between the United States and the Airport Operator, and, to the extent deemed necessary by the United States, support personnel, to carry out preclearance of Travelers, Goods, aircraft, and Aircraft Stores on Eligible Flights with reasonable speed and efficiency as determined by the United States;
Require training for Preclearance Officers on the laws, regulations and use of force instructions of Aruba pertaining to the authorities conferred in this Agreement;
Consult with Aruba, the Airport Operator, and with the Air Carriers concerned on matters relating to the implementation of this Agreement as necessary;
Continue Preclearance at Queen Beatrix International Airport, subject to the existence of a sufficient volume of Travelers to make feasible and practical the operation of Preclearance at that location as determined by the United States.
Consider requests from Air Carriers for Preclearance when such requests are consistent with the terms of this Agreement and any other applicable conditions that may be imposed by the United States;
Establish a schedule of Preclearance that best promotes the mutual security of the Parties and recognizes the availability of resources, to include airport infrastructure and associated staffing, to effectively conduct operations, while maintaining sole discretion to set the hours of operation of the Preclearance Facility, the number of Preclearance staff, and to approve flights eligible for Preclearance;
Provide notification to the appropriate Aruban authorities as to the decision to refuse passage onward to the United States for a Traveler, and where appropriate, turn over custody of Travelers and Goods to Aruban authorities;
Have the right to preclear Eligible Flights;
Have the right to deny Preclearance:
if the Travelers, Goods, aircraft, or Aircraft Stores are not routed through the Preclearance Area;
to any flights outside of the established hours of operation of the Preclearance Area;
to any irregular or ad hoc flights during the established hours of operation of the Preclearance Area;
to any person or Air Carrier in its discretion, including situations where the Airport Operator fails to pay the United States for the Preclearance service the United States provides pursuant to this Agreement; and
Pursuant to subsection (h) of this paragraph, if CBP determines that adequate resources are not available or additional passengers will overtax the facility;
and in any such instance, coordinate and notify the Airport Operator, as appropriate, of any denial of Preclearance which would impact the established hours of operation.
Have the right to refuse admission, or otherwise prevent boarding on an aircraft, of Travelers and deny entry of Goods destined to or transiting through its territory, consistent with the laws, regulations, and policies of the United States;
Have the right to require re-inspection or Post-clearance in the United States as it deems necessary of Travelers, Goods, aircraft, or Aircraft Stores that have been precleared, including to meet law enforcement concerns;
Have the right to collect any applicable duties, taxes and fees. The duties, taxes and fees may be assessed in United States currency;
Have the right to assess any applicable civil fines and penalties on Travelers and Air Carriers with respect to violations identified by Preclearance Officers in the course of conducting Preclearance operations, except when Aruba institutes criminal proceedings with respect to the same act or omission. The civil fines and penalties may be assessed in United States currency;
Not be subject to any fines or other sanctions associated with service level standards or any other mandates that arise from Aruban laws regarding the performance of Preclearance operations;
Have the authority to authorize access to the Preclearance Area for temporary visitors and employees of the United States in support of Preclearance operations; and
Ensure that DHS personnel who are not assigned to the Preclearance Area or other official U.S. government visitors obtain proper ID badges and seek access to the security sterile areas only after undergoing screening at the employee entry and screening points to gain access to security sterile areas.
**3.** In order to facilitate the implementation of a separate agreement between the Parties that permits enrollment in a United States trusted traveler program, the United States shall have the right to operate an Enrollment Center at Queen Beatrix International Airport, or other facility as mutually decided by the Parties in writing. Pursuant to this authority, the United States shall have the right at such Enrollment Center 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.
Artikel IV
United States Obligations and Authorities
Onderdeel van 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· Belastingrecht