Art. IX 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

1. The Parties agree that the following conditions shall apply to the payment of the costs referred to in subparagraph 1(l) of Article V: The United States shall ensure that CBP make its best efforts, including by working with Congress, to obtain necessary resources and funds to support Preclearance operations in Aruba; Aruba shall ensure that the Airport Operator pays the United States for expenses arising from the provision of Preclearance services that have been requested of and approved by the United States above the Baseline established pursuant to the understanding between the United States and the Airport Operator; Costs of such Preclearance services performed by the United States shall be determined by the United States in accordance with this paragraph on a periodic basis, no more frequently than quarterly, and submitted via a Preclearance bill to the Airport Operator, according to procedures to be established by the United States and as notified to the Airport Operator; Notwithstanding subparagraph (b) of this paragraph, the United States reserves the right to issue subsequent Preclearance bills to the Airport Operator for unforeseen circumstances related to subparagraph (b) above not captured within the billing process described in subparagraph (c) of this paragraph; Aruba shall ensure that the Airport Operator pays the United States in advance, in a timely fashion, for such costs when the Airport Operator is in receipt of the Preclearance bill, consistent with the terms of the understanding between the United States and the Airport Operator; and The United States shall not be responsible for any costs, including accommodation and maintenance costs, for any Traveler on a carrier who is refused passage onward by the United States and must be removed to the Traveler’s point of embarkation; or to the country of which that Traveler is a citizen or national, if that Traveler is traveling In-Transit through the territory of Aruba. 2. The following conditions shall apply to the payment of the costs for the activities described in subparagraph 1(j) of Article V of this Agreement: Aruba shall ensure that the provision of the necessary Preclearance Facilities (including construction, furniture, equipment, and ongoing maintenance) shall be the responsibility of the Airport Operator; Such Preclearance Facilities (including furniture and equipment) shall not become the property of the United States but may be retained by the Airport Operator; and The furniture and equipment purchased by the Airport Operator shall not include proprietary items (including data storage devices, software, services, and information reflected in paragraph 2 of Article VI) specified by the United States. 3. Neither Party shall be responsible for costs associated with persons obtaining advice from legal counsel during Preclearance, if permitted.

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