Art. VII 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 — Application of Law and Jurisdiction

1. The United States may, in the process of preclearing aircraft, Travelers, Goods, and Aircraft Stores in Aruba, apply any of its customs, immigration, agriculture, border security, and public health laws and regulations for the purposes of enforcing such laws and regulations; and establishing and enforcing penalties, forfeitures, and other sanctions for violations of these laws and regulations. The Parties acknowledge that, in the process of preclearing aircraft, Travelers, Goods, and Aircraft Stores, the United States shall not enforce its criminal law in Aruba through arrest or prosecution. 2. The United States shall endeavor to ensure that Preclearance Officers comply with the law of Aruba while in its territory. The law of Aruba applies in the Preclearance Area. Preclearance Officers conducting activities pursuant to this Agreement shall only exercise powers and authorities permitted by Aruba pursuant to this Agreement. 3. For suspected criminal offenses that occur in the presence of Preclearance Officers, a Preclearance Officer may take actions to suppress the offense and seek assistance of appropriate Aruba law enforcement officers and shall maintain the right to act in self-defense and defense of another Preclearance Officer and others, including through the appropriate use of force. 4. Aruba shall permit Preclearance Officers to search and examine any Traveler or other person within the Preclearance Area or as authorized by this Agreement and to conduct personal searches (including pat-down searches and Partial Body Searches) of any Traveler or person in the Preclearance Area. 5. The United States shall refer persons to the appropriate authorities of Aruba for an Invasive Personal Search where appropriate (not including Partial Body Searches, pursuant to paragraph 4 of this Article). 6. Aruba shall ensure that an Aruban law enforcement officer is available, upon request of a Preclearance Officer, to escort a Traveler or Goods back to the Preclearance Area in order to facilitate compliance with the requirements of the United States. 7. Aruba shall permit Preclearance Officers to detain any Traveler or person in the Preclearance Area suspected of committing an offense that warrants detention under either the laws or regulations of the United States or of Aruba, including but not limited to the possibility to detain any such person suspected of obstructing a Preclearance Officer in the exercise of his or her duties who does not obey a clear verbal instruction by a Preclearance Officer. In exercising this authority, a Preclearance Officer may detain a person who is seeking to withdraw from the Preclearance Area. 8. Aruba shall permit Preclearance Officers to inspect, examine, search and detain Goods, and seize and cause the forfeiture of Goods subject to paragraph 11 of this Article. 9. The United States shall maintain the right to transfer seized Goods to Aruban law enforcement officers. 10. Aruban law enforcement officers shall, upon the request of a Preclearance Officer, seize and confiscate Goods, and arrest the bearer of such Goods (and any alleged accomplices), if such Goods are falsely declared or not declared at the time of Preclearance or if possession or exportation of such Goods is prohibited under the laws of Aruba. 11. Aruba shall permit Preclearance Officers to expeditiously seize, and cause the forfeiture to the United States of, Goods under the laws, regulations, and policies of the United States, if possession or exportation of such goods is not prohibited under the laws of Aruba, or if Aruban law enforcement officers decline to initiate enforcement action with respect to such Goods. Such seizures shall be subject to the appeal procedures of the United States and shall be conducted consistent with the laws, regulations, and policies of the United States. The United States shall, in consultation with Aruban law enforcement officers, reasonably strive to account for the proper preservation of evidence in cases related to alleged violations of laws of Aruba. 12. The United States shall provide reasonable assistance to Aruba in relation to the detection and processing of offenses under the laws of Aruba and in the context of this Agreement or any challenges to the authorities provided by this Agreement, consistent with any applicable law enforcement agreement between the Parties.

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