Art. V 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. Aruba shall ensure that the Airport Operator or other responsible entity: Permits United States Air Carriers, other Air Carriers, and Private Aircraft to operate at an airport at which Preclearance is authorized pursuant to this Agreement during the operation of a Preclearance Facility at that location and to request preclearance pursuant to this Agreement; Provides a high standard of security for the Preclearance Area that incorporates views offered by the United States on the development or implementation of this standard; Takes all appropriate general security steps to protect the Preclearance Area and Preclearance Facility and the contents therein, including archives and documents maintained and used by the United States, against any intrusion or damage and to prevent any disturbance of the peace in the Preclearance Area; Ensures that it has a security program that maintains International Civil Aviation Organization (ICAO) standards and recommended practices; Clearly demarcates the Preclearance Area established pursuant to the understanding between the United States and the Airport Operator; Excludes access to or observation of any portion of the Preclearance Area (not otherwise regularly accessed or viewed by Travelers subject to the Preclearance process) by any person without permission from the United States, except in cases of emergency when access may be provided to emergency workers with simultaneous notification to Preclearance Officers and Aruba’s Department of Civil Aviation; Ensures that the Preclearance Area is only accessible to Travelers, authorized personnel, and Goods that have undergone security screening at an airport at which Preclearance is authorized pursuant to this Agreement and that all Travelers and Goods have undergone security screening in accordance with screening standards and protocols that are comparable to those of the United States, as determined by the U.S. Transportation Security Administration, prior to boarding; Further ensures that the Preclearance Area is only accessible to those persons authorized to access the Preclearance Area pursuant to Article IV (1)(e); Permits the United States to review and approve the Goods and merchandise made available to Travelers, including for purchase, in the Preclearance Area or on board precleared aircraft; Provides a Preclearance Area (including the Preclearance Facility and all operational, security, communication, information technology, radiation detection equipment and infrastructure therein) that meets the technical design standards of the United States, including any amendments or updates to those standards; Permits the installation and operation by the United States of such equipment and aids, including those proprietary items described in Article IX(2)(c) as is deemed necessary by the United States for the effective operation of Preclearance; Pays the United States for all costs associated with the provisions of Preclearance services in excess of the Baseline as reflected in an understanding between the United States and the Airport Operator, to the extent permitted by United States laws, regulations, and policies. Such costs may include salaries, expenses, relocation costs of Preclearance Officers and other United States government personnel, Preclearance operations costs, and the purchase, installation, maintenance, the operation by the United States of equipment and aids not provided pursuant to subparagraph (k) of this paragraph (including those proprietary items described in Article IX (2)(c)), as is deemed necessary by the United States to provide Preclearance service, and the administrative costs of provision of Preclearance service; and Acknowledges that the United States has the right to enter into Compliance Agreements (containing penalties for noncompliance) regarding the sale of merchandise in the Preclearance Area or on-board precleared flights. 2. The Parties agree that Preclearance is contingent on the continued satisfaction of the conditions provided in paragraph 1 of this Article. Upon a determination by the United States that the conditions provided in paragraph 1 of this Article are not being satisfied, the United States may suspend Preclearance services until such time as the conditions have been satisfied, as determined by the United States. No later than the entry into force of this Agreement, the United States intends to reach an understanding with the Airport Operator concerning the conditions provided in subparagraphs (j), (k), and (l) of paragraph 1 of this Article. 3. The obligations and responsibilities of Aruba with respect to the Airport Operator under this Agreement may be implemented by another entity if mutually decided in writing by the Parties. In that case, all obligations and responsibilities of Aruba with respect to the Airport Operator under this Agreement shall become obligations and responsibilities with respect to such other entity. As soon as practicable but before such change occurs, Aruba shall notify the United States of any intended change in the entity implementing the responsibilities of the Airport Operator.

Role of the Airport Operator

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