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UNCLAS DUBLIN 000919 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
STATE FOR EUR/WE AND EEB JOHN BYERLY AND WIN DAYTON 
 
E.O. 12958: N/A 
TAGS: EAIR ECON PGOV PREL EI
SUBJECT: DELIVERY OF DRAFT U.S.-IRELAND PRECLEARANCE AGREEMENT 
 
Ref: (a) Rosenzweig-Nystrom email, 12/14/2007; (b) Dublin 888 
 
¶1.  (SBU) Per Ref A, on December 18, 2007, Post delivered a hard 
copy of the draft U.S.-Ireland Agreement on Air Transport 
Preclearance to the Irish Department of Foreign Affairs under cover 
of a diplomatic note.  The texts of the diplomatic note and draft 
agreement follow. 
 
¶2.  (SBU) Department of Homeland Security and Irish officials plan 
to hold initial negotiations the week of January 28 in Dublin to 
discuss the draft agreement. 
 
¶3.  (SBU) The text of the diplomatic note follows. 
 
BEGIN TEXT OF DIPLOMATIC NOTE 
----------------------------- 
 
No.  788 
 
The Embassy of the United States of America presents its compliments 
to the Department of Foreign Affairs and has the honor to transmit a 
proposed agreement on air transport preclearance to facilitate air 
travel between Ireland and the United States.  The proposed 
agreement expands the existing Agreement Between the United States 
of America and Ireland on Preinspection, signed at Dublin on June 
25, 1986 and supplemented by the agreement effected by an exchange 
of notes at Washington, March 21, 1988, to extend the preinspection 
program to full preclearance for eligible flights at the Shannon and 
Dublin International Airports, where the facilities and other 
physical conditions will be properly expanded and configured to 
enable U.S. Customs and Border Protection to carry out its mission, 
with respect to the examination and inspection of passengers and 
their possessions, aircraft crew, baggage and aircraft stores, as 
well as the inspection and control of aircraft seeking entry to the 
Untied States.  The proposed agreement reflects the mutual 
commitment by the United States and Ireland to a high standard of 
service and fair and equitable treatment of air carriers and 
passengers. 
 
The Embassy of the United States avails itself of the opportunity to 
renew to the Department of Foreign Affairs the assurances of its 
highest consideration. 
 
Embassy of the United States of America 
Dublin, December 18, 2007 
 
END TEXT OF DIPLOMATIC NOTE 
--------------------------- 
 
¶4. (SBU) The complete text of the draft U.S.-Ireland Agreement on 
Air Transport Preclearance follows. 
 
BEGIN TEXT OF DRAFT AGREEMENT 
----------------------------- 
 
AGREEMENT ON AIR TRANSPORT PRECLEARANCE 
BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA 
AND THE GOVERNMENT OF IRELAND 
 
The GOVERNMENT OF THE UNITED STATES OF AMERICA and the GOVERNMENT OF 
IRELAND, hereinafter "the Parties", 
CONSIDERING that Preclearance facilitates air travel between the two 
countries and is of mutual benefit to both Parties; 
 
CONSIDERING the success and benefits to both Parties of U.S. 
immigration pre-inspection at Shannon and Dublin International 
Airports in the Republic of Ireland, which was established pursuant 
to the Agreement Between the United States of America and Ireland on 
Preinspection, signed at Dublin June 25, 1986 and supplemented by 
the agreement effected by an exchange of notes at Washington March 
31, 1988; 
 
DESIRING to expand the pre-inspection program to full Preclearance 
for eligible flights at the Shannon and Dublin International 
Airports, where the facilities and other physical conditions will be 
properly expanded and configured to enable U.S. Customs and Border 
Protection to carry out its mission, with respect to the examination 
and inspection of passengers and their possessions, aircraft crew, 
baggage and aircraft stores, as well as the inspection and control 
of aircraft seeking entry to the United States; 
 
COMMITTED to a high standard of service and fair and equitable 
treatment of air carriers and passengers; 
 
AGREE as follows: 
 
Article 1 
Definitions 
 
For the purposes of this Agreement: 
1) "Air Industry" means airport authorities and scheduled/charter 
air carriers and, if applicable, any private aircraft 
owner/operator. 
 
2) "Aircraft commander" means any person serving on an aircraft who 
is in charge or has command of its operation and navigation. 
 
3) "Eligible Flight" means any commercial scheduled/charter flight, 
to include ferry flights, and any flight by private aircraft, that 
has requested and been approved for preclearance service through the 
Inspecting Party. State aircraft will be considered by the 
Inspecting Party on a case by case basis. 
 
4) "Goods" means personal effects, wares of any description, any 
means of transport (conveyances), animals and plants and their 
products, currency and other monetary instruments, and any document 
in any form. 
 
5) "Host Party" means the Party from whose territory passengers and 
goods destined for the territory of the Inspecting Party are 
precleared. 
 
6) "Host Party Official" means any person or government official 
representing the Host Party in the territory in which Preclearance 
is conducted, who is authorized by that Government's law to assist 
in the Preclearance process. 
 
7) "Inspecting Party" means the Party responsible for preclearing 
passengers and goods destined for its territory on the territory of 
the Host Party. 
 
8) "Inspecting Authority" - means any agency of the Inspecting Party 
responsible for the preclearance of passengers and their goods in 
the territory of the Host Party. For the United States, the 
Inspecting Authority is U.S. Customs and Border Protection (CBP). 
 
9) "In-Transit Preclearance" means the preclearance of passengers 
and their goods, as well as aircraft coming from third countries 
that do not formally enter the Host Party's territory; 
 
10) "In-Transit Preclearance Area" means all or part of a 
preclearance area that is used for in-transit preclearance; 
 
11) "Law Enforcement Officer" means for the Government of Ireland, 
Irish Peace Officers who are authorized to carry weapons and make 
arrests, as well as members of the Irish National Police (GARDA); 
and, for the Government of the United States, any U.S., federal, or 
state or local law enforcement officer; 
 
12) "Preclearance" means the procedure of conducting in the 
territory of one Party, examination and inspection required for 
entry/admission into the territory of the other Party; 
 
13) "Preclearance Area" means the limited and operationally 
contiguous part of an airport terminal and its grounds designated by 
the Host Party within which Preclearance Officers exercise specified 
powers and authorities. In the commercial environment, the area 
consists of: the queuing area used exclusively for Preclearance 
purposes clearly demarcated in front of the primary inspection area; 
Inspecting Party primary and secondary examination areas; the 
departure lounges for flights bound for the territory of the 
Inspecting Party; connecting corridors, baggage make-up areas, 
tarmac areas designated for aircraft which will carry precleared 
passengers, crew and baggage; aircraft destined for the territory of 
the Inspecting Party that are to be precleared; processing and/or 
waiting areas or areas containing kiosks or other equipment 
associated with expedited/trusted traveler membership programs (such 
as, for the United States, International Expedited Traveler (IET), 
NEXUS Air, US PASS), if applicable; and, all designated conveyances 
for precleared passengers or crew used for the transportation of 
passengers or crew between sterile areas of terminals or from the 
terminal to the departing aircraft (e.g., buses). When Travelers 
cannot board a departing aircraft by means of a connecting corridor 
or designated conveyance, the Preclearance Area shall also include a 
clearly demarcated area leading to that aircraft for the period of 
time during which boarding takes place. With respect to the 
preclearance of private aircraft, the area consists of: the private 
aircraft processing facility, to include primary and secondary 
examination areas and any passenger waiting lounge; tarmac areas 
designated for private aircraft which will carry precleared 
passengers, crew and baggage; and any private aircraft that is 
destined for the U.S. and is waiting to be precleared or has been 
precleared. 
 
14) "Preclearance Facility" means the physical inspection 
infrastructure located in the territory of the Host Party, to 
include all offices within the commercial air and private aircraft 
facilities, all primary and secondary examination areas, and all 
administrative areas, as well as any and all equipment required for 
the processing of passengers and their goods (including, where 
applicable, in-transit passengers and goods) by the Inspecting 
Party. 
 
15) "Preclearance Officer" means an officer designated by the 
Inspecting Party to carry out Preclearance in the Host Party's 
territory. For the United States, this means officers of CBP. 
 
16) "Private aircraft" means any aircraft engaged in a personal or 
business flight to the territory of the Inspecting Party which is 
not carrying passengers and/or cargo for commercial purposes. 
 
17) "Post Clearance" means the clearance of aircraft, crew, 
passengers and goods in the territory of the Inspecting Party. 
 
18) "Travelers" means any air passengers or crewmembers seeking 
entry/admission to the territory of the Inspecting Party through the 
Preclearance Facility. 
 
Article II 
Preclearance Area and the Laws Applicable 
 
1) The Government of Ireland (hereinafter referred to as the "Host 
Party"), before designating a Preclearance Area, shall consult with 
participating air industry representatives in order to seek their 
recommendations on the precise location of the Preclearance 
Facilities and, if applicable, any In-Transit Preclearance Areas. 
 
2) Both Parties shall mutually consult and determine the designation 
and boundaries of the Preclearance Area, including the In-Transit 
Preclearance Area, if applicable. 
 
3) In view of the fact that the law of the Host Party applies in the 
Preclearance and In-Transit Preclearance Areas and that United 
States (hereinafter referred to as the "Inspecting Party") 
Preclearance Officers must also administer the Inspecting Party's 
laws referred to in paragraphs 4 and 7, Preclearance shall be 
carried out in a manner consistent with the laws of both Parties. 
 
4) The Inspecting Party may apply any of its customs, immigration, 
agriculture and public health laws and regulations to aircraft, 
passengers, aircraft crew, baggage, and aircraft stores in the 
territory of the Host Party which are subject to Preclearance, for 
the purpose of administering and enforcing these laws, including 
establishing and enforcing penalties for violations of these laws 
and regulations. 
 
5) Only persons who are Travelers en route to the Inspecting Party's 
territory or any person or category of persons designated or 
authorized by the Host Party in consultation with the Inspecting 
Party, shall enter a Preclearance Area. 
 
6) Every person who enters a Preclearance Area shall be required to 
report to a Preclearance Officer without delay, to report goods in 
his/her possession or goods that form part of their baggage, and to 
present these goods for inspection as required. 
 
7) The Inspecting Party may conduct Preclearance 
operations/activities at Preclearance Areas in the airports of the 
Host Party in order to assure that persons and goods entering the 
territory of the Inspecting Party conform to its laws, including 
those concerning customs, immigration, public health, food 
inspection and plant and animal health. 
 
8) The Inspecting Party shall have the right, in accordance with its 
laws and regulations, to refuse admission of persons and entry of 
goods and aircraft destined for its territory. 
 
9) The Inspecting Party shall be authorized to administer its civil 
fines, assess monetary penalties and enforce its laws pertaining to 
seizure and forfeitures for violations of the law of the Inspecting 
Party. In those cases where the Host Party institutes penal 
proceedings, the Inspecting Party shall forgo pursuit of any 
applicable fines and penalties with respect to the same act or 
omission until the close of the Host Party's matter. 
 
10) Goods that are required as evidence of an offense which is 
proceeding to resolution in a court of the Host Party, as well as 
those which are required by law to be dealt with in accordance with 
the Host Party law, shall be retained by the Host Party to be dealt 
with in accordance with its laws and any applicable international 
agreements between the Parties. In the event that such goods held as 
evidence are not forfeited by the Host Party in connection with such 
judicial proceedings, the Inspecting Party may exercise the option 
to pursue forfeiture or take custody of the goods for evidentiary 
purposes under its own laws upon the conclusion of the Host Party's 
proceedings. 
 
11) Nothing in the Agreement affects the authority of the Inspecting 
Party to enforce its civil and criminal laws within its own 
territory. 
 
12) The Parties shall establish mutually acceptable standard 
operating procedures concerning Preclearance, including protocols 
for resolution in the event of a positive alarm during 
radiological/nuclear screening of aircraft, Travelers and/or their 
goods. The Host Party will secure and dispose of any illicitly 
trafficked radiological/nuclear materials detected. 
 
13) Nothing in the Agreement affects the rights and obligations of 
the Parties under other international agreements. 
 
14) Activities under the Agreement are subject to the availability 
of appropriated funds. 
 
Article III 
Preclearance Locations 
 
1) The Inspecting Party shall commence Preclearance service at the 
Shannon and Dublin International Airports on the date of entry into 
force of this Agreement, provided a suitable Preclearance Facility 
for both the commercial air and private air environments is made 
available at each location that meets U.S. Customs and Border 
Protection's (CBP) (hereinafter referred to as the "Inspecting 
Authority") Airport Technical Design Standards and otherwise 
satisfies the conditions noted below in paragraph 6. 
 
2) In developing or modifying its Preclearance Facility 
requirements, the Inspecting Authority shall consider the views of 
the local Air Industry and the local airport authorities. 
 
3) Where modifications to Preclearance Facilities are essential to 
achieve compliance with the requirements of one or both of the 
Parties, the requesting Party shall consult with the airport 
authority and establish a reasonable time frame for implementation 
of such modifications by the airport authority. 
 
4) In-transit Preclearance procedures shall be considered and may be 
adopted at an air Preclearance location upon agreement of both 
Parties. 
 
5) A decision to terminate services at a Preclearance location shall 
be a joint decision by written agreement of the Parties based upon 
relevant factors, including national security interests, sustained 
and substantial decrease in traffic and after consultation with the 
applicable airport authority and the local Air Industry. 
 
6) The provision of Preclearance services at an airport, including 
the Shannon and Dublin International Airports identified in 
paragraph 1 hereof, shall be contingent upon: 
 
a) The availability of funding (consistent with the terms of Article 
VIII (Cost of Preclearance)) for the construction, operation and 
maintenance of the Preclearance Facility. The Facility must be 
mutually acceptable to the Parties and meet the Inspecting 
Authority's Airport Technical Design Standards, unless the Parties 
agree that clear reasons exist for modification; 
 
b) The existence of sufficient traffic to make feasible the 
efficient operation of the Preclearance Facility, taking into 
account available inspection technologies and procedures; 
 
c) Each airport authority providing a high standard of security in 
the Preclearance Area as set forth in Annex I (Security 
Arrangements) for Preclearance Officers 
 
d) Each airport authority taking all appropriate steps to protect 
the Preclearance Area and Facility and the contents therein, 
including computer systems, official archives and documents 
maintained and used by the Inspecting Authority, against any 
intrusion or damage and to prevent any disturbance of the peace on 
the premises. Official archives, including electronic files and 
documents, of the Inspecting Party located in the designated 
Preclearance Area and Facility shall enjoy the same inviolability as 
consular archives under the Vienna Convention on Consular Relations; 
 
 
e) Each airport authority ensuring that it has an airport security 
program that maintains the sterility of the Preclearance Area and 
restricts access to the Preclearance Area to authorized personnel 
only. Non-Travelers will not be permitted access to the Preclearance 
Area unless and until they have been vetted by the Inspecting 
Authority to determine their suitability for access to the 
Preclearance Area. In determining who may have access to the 
Preclearance Area, the Inspecting Authority shall consult regularly 
with the airport authority and give full consideration to the views 
expressed by each Party regarding access to the Preclearance Area. A 
local consultative mechanism to address security concerns within the 
Preclearance Area, comprised of representatives from each Party, 
shall be established at each airport; 
 
f) Each airport authority establishing, implementing and maintaining 
a plan for coordinating air carrier requests for the preclearance of 
flights with appropriate personnel of the Inspecting Authority at 
least 60 days in advance of the requested preclearance operation in 
accordance with Annex II. 
 
g) The completion of a commercial air and private air Preclearance 
Facility that meets the Inspecting Authority's Airport Technical 
Design Standards. 
 
7) If an airport authority fails to meet these conditions and the 
Inspecting Party considers that its operations are at risk as a 
result, the Inspecting Party may request immediate consultations. 
Failure to reach a satisfactory resolution within 15 days may result 
in the Inspecting Party suspending the operation under discussion. 
When justified by an emergency, the Inspecting Party can take 
interim action prior to the expiry of 15 days. 
 
Article IV 
Host Party's Obligations 
 
1) Within a Preclearance Area the Host Party shall permit the 
Inspecting Party to conduct and perform the following enforcement 
related functions: 
 
a) Inspections - Preclearance Officers are authorized to: 
 
i) conduct the preclearance of , including searches, of Travelers, 
their baggage, personal effects and any goods in their possession 
destined for the territory of the Inspecting Party; 
 
ii) examine aircraft that are destined for the territory of the 
Inspecting Party, including all goods that are in, or that are to be 
loaded onto, the aircraft, as well as aircraft stores; 
 
iii) determine the procedures under which the inspections will be 
carried out to include the utilization of human resources; and 
 
iv) detain, with appropriate assistance of the Host Party, any 
aircraft destined for the U.S. until the resolution of any suspected 
violations of Host Party or Inspecting Party law. 
 
b) Detention - Preclearance Officers are authorized to: 
 
i) detain any Traveler seeking entry into the United States while 
the Preclearance Officers determine the Traveler's admissibility 
and/or whether or not a violation of U.S. law has occurred. In those 
instances where it is suspected a violation of Host Party law has 
occurred, the Traveler and his/her goods will be expeditiously 
turned over to authorities of the Host Party. Individuals suspected 
of violating Inspecting Party law will be examined and if necessary, 
be issued any applicable penalty, fee, or demand for duty or tax and 
be processed and/or permitted to travel to the territory of the 
Inspecting Party where appropriate enforcement action may be taken. 
 
 
ii) detain and search any non-Traveler in the Preclearance Area 
suspected of violating either Party's law and to turn over violators 
of Host Party law to Host Party officials. 
 
iii) order anyone found in the Preclearance Area to report to a 
Preclearance Officer or leave the area. At any stage in the 
Preclearance process, the Inspecting Party shall permit Travelers to 
leave the Preclearance Area unless the Traveler is detained for 
reasons noted above in sub-paragraphs (i) and (ii). 
 
c) Personal Search - Preclearance Officers are authorized to: 
 
i) conduct personal searches in accordance with the Inspecting 
Authority's Personal Search Policy and Inspecting Party law. 
Immediate pat downs for weapons (conducted for officer and public 
safety purposes), pat downs (for goods), and partial body searches 
(to recover material evidence reasonably suspected to be concealed 
on the body, including as the result of an immediate pat down or pat 
down) will be the only types of personal searches authorized to be 
conducted by Preclearance Officers. Only Host Party Officials shall 
have the authority to conduct personal searches considered more 
intrusive than partial body searches, such as: body cavity searches 
and medical examinations typically involving X-rays and monitored 
bowel movements. 
 
ii) perform an immediate pat down of a person of the opposite sex 
only if the 
 
Preclearance Officer suspects on reasonable grounds that the person 
is carrying an item that would present a danger to human life or 
safety. If no Preclearance 
Officer of the same sex as that of the Traveler is available to 
conduct a Pat Down or Partial Body Search, then the Preclearance 
Officer may authorize any suitable person of the same sex to conduct 
the search. 
 
iii) make requests of the Host Party to conduct personal searches 
deemed more intrusive than partial body searches, such as: body 
cavity searches and medical examinations typically involving x-rays 
and monitored bowel movements. When performed by Host Party law 
enforcement officials at the request of the Inspecting Authority, 
the Inspecting Authority may witness the search. If no Preclearance 
Officer of the same sex is available, then the Preclearance Officer 
may authorize any suitable person of the same sex to observe the 
search. 
 
d) Weapons Carry - Preclearance Officers, acting on reasonable 
grounds, are authorized to: 
 
i) carry, and when appropriate, use firearms as a means of 
self-protection or for the protection of anyone in the Preclearance 
Area from death or grievous bodily harm. 
 
ii) use force as is reasonable necessary to perform their 
Preclearance duties under the Agreement. Preclearance Officers may 
use force only when necessary, that is when the Inspecting Party has 
a reasonable belief that the Traveler or subject of such force poses 
an imminent danger of death or serious physical injury to a 
Preclearance Officer or to another person in the Preclearance Area. 
 
 
e) Collections, Seizure and Forfeiture - Preclearance Officers are 
authorized to: 
 
i) Examine, detain and seize goods and/or private aircraft, and if 
applicable, cause their forfeiture to the Inspecting Party in those 
instances where there is a violation of Inspecting Party law 
detected and the act does not violate the Host Party's law, or the 
Host Party elects not to seize and forfeit the goods based upon a 
violation of its own law; 
 
ii) assess and collect all applicable Inspecting Party duties, 
taxes, fees, and penalties from Travelers as necessary to protect 
the revenue of the Inspecting Party and enforce applicable laws of 
the Inspecting Party; 
 
iii) detain and transfer to Host Party officials all goods for which 
the possession, import, export, or handling of such goods is 
prohibited under Host Party laws where (1) there is a violation of 
the laws of both Parties and the Host Party will pursue action 
against a violation of its law, or (2) there is no violation of 
Inspecting Party law detected. In cases where there is a violation 
of the Host Party's laws as well as Inspecting Party law and the 
Host Party seizes the goods and holds them as evidence but elects 
not to institute forfeiture proceedings under its own laws, the Host 
Party will promptly return the goods to the Inspecting Party 
following conclusion of its legal and/or administrative proceedings 
for forfeiture under Inspecting Party law. 
 
f) Security - In both the commercial air and private air 
environments: 
 
i) When a Traveler on a precleared flight is refused passage onwards 
because of his/her refusal to comply with applicable laws and 
procedures, or a determination of inadmissibility to the territory 
of the Inspecting Party, upon request of a Preclearance Officer, the 
Host Party shall provide appropriate law enforcement assistance to 
prevent such person from boarding the aircraft; 
 
ii) The Host Party shall ensure that an armed law enforcement 
presence is available for assistance to the Inspecting Party's 
Preclearance Officers in accordance with this Article and Annex I 
(Security Arrangements); and 
 
iii) The Host Party shall provide law enforcement assistance to the 
Inspecting Party's Preclearance Officers during the detention, 
inspection and/or search of any private aircraft and to prevent any 
unauthorized departure, if requested by the Preclearance Officers. 
 
2) Outside the Preclearance Area, Preclearance Officers may: 
 
a) request that a Traveler or his/her goods be returned by the Host 
Party to the Preclearance Area to ensure compliance with the 
requirements of the Inspecting Party; and 
 
b) request that a Host Party law enforcement officer escort any 
Traveler and their goods to the Preclearance Area if a Traveler 
refuses to return to the Preclearance Area. 
 
3) The Host Party shall provide training as necessary for 
Preclearance Officers regarding Host Party law and regulations that 
pertain to Preclearance in the Host Country. 
 
Article V 
Inspecting Party's Obligations and Authorities 
 
1) On the territory of the Host Party, the Inspecting Party shall: 
 
a) provide a high level of service to the traveling public and 
efficient Preclearance operations; 
 
b) provide a sufficient number of Preclearance Officers, supported 
by technologies, to carry out with reasonable speed and efficiency, 
preclearance of aircraft, crew, Travelers and their goods, baggage 
and aircraft stores on eligible flights of carriers for which 
preclearance has been approved; 
 
c) give consideration to using flexible practices and operating 
procedures, which may improve the efficiency of preclearance or 
address temporary disruptions; 
 
d) use best efforts to secure resources if additional staff and 
other resources are required to operate Preclearance approved by 
both Parties; 
 
e) consider requests from the local Air Industry and each airport 
authority to improve their operational efficiency through flexible 
procedures that meet the controls and sterility standards 
established by the Inspecting Party and are consistent with the 
efficient use of Inspecting Party Preclearance personnel and 
resources; and 
 
f) give at least 90 days advance notice of reductions of service to 
the appropriate airport authorities, air industry, and the Host 
Party. 
 
2) The provisions set forth in Annex II shall be applied in 
determining the flights for which the Inspecting Party authorizes 
Preclearance. 
 
3) The Inspecting Party shall have the right: 
 
a) to deny preclearance to flights in any case where authorized 
under its law; 
 
b) to require post clearance as it deems necessary of any aircraft, 
Traveler or goods on any flight; 
 
c) to preclear eligible flights only if Travelers can be routed 
through the designated Preclearance Area; 
 
d) to decline to conduct Preclearance for any air carrier or 
aircraft until that air carrier or aircraft commander has satisfied 
the Inspecting Party that it will deny carriage to anyone failing to 
submit to a Preclearance inspection and to anyone who, having 
submitted to such inspection, is found ineligible by the Inspecting 
Party to board a precleared flight; 
 
e) to deny in-transit privileges to any air carrier or aircraft 
commander, which/who would not otherwise be authorized by the 
Inspecting Party's civil aviation authorities to fly to the 
Inspecting Party's territory; and 
 
f) to refuse to preclear any Traveler and his/her goods if the 
Traveler does not satisfy the Inspecting Party's Preclearance 
Officer that he/she qualifies for Preclearance or that his/her goods 
can be lawfully imported into the Inspecting Party's territory. 
 
4) The Inspecting Party shall: 
 
a) dispose of goods that neither Party, nor the Traveler or 
non-Traveler retains, in accordance with the procedures mutually 
established by the Parties; 
 
b) detain and transfer to the Host Party without delay any goods 
where (1) the possession, import, export, or handling of such goods 
is in violation of the laws of both Parties and the Host Party has 
made known explicitly to the Inspecting Party that it will pursue 
action against the violation, or (2) where the goods are possessed, 
imported, exported or handled in violation of the Host Party's law 
and no violation of Inspecting Party law is detected; and 
 
c) make goods that are forfeited to the Inspecting Party during 
Preclearance subject to appeal procedures in the territory of the 
Inspecting Party. 
 
5) The Inspecting Party shall not detain a Traveler or any aircraft 
within the Preclearance Area for more than a reasonable time as is 
necessary to be processed by Preclearance Officers in accordance 
with this Agreement or, if further proceedings are required, for an 
appropriate Host Party official to take custody of the aircraft, 
Travelers, goods or other evidence. Non-Travelers detained by the 
Inspecting Party under conditions outlined in Article IV, paragraph 
1, shall not be detained for more than a reasonable time as is 
necessary to determine whether a violation of law has occurred and 
for appropriate Host Party Officials to take custody of the 
violators, if necessary. 
 
6) The Inspecting Party shall not be responsible for costs 
associated with Travelers or non-Travelers obtaining advice from 
legal counsel. 
 
7) In the Preclearance Area, the Inspecting Party shall ensure that 
information provided by the Host party, e.g., signage, brochures 
and/or other communication materials outlining the rights and 
obligations of Travelers, is readily available and posted for the 
Travelers to view. 
 
Article VI 
In Transit Preclearance 
 
In-Transit Preclearance operations shall, upon agreement by both 
Parties, be implemented at locations with Preclearance service 
established pursuant to this Agreement, including the Shannon and 
Dublin International Airports. 
 
Article VII 
Role of Airport Authorities 
 
1) The Host Party shall ensure that the airport authorities for 
airports at which Preclearance is established pursuant to this 
Agreement: 
 
a) permit the installation and operation by the Inspecting Party of 
such communications and other modern inspection aids as are 
required, including radiological and nuclear detection devices; 
 
b) ensure that each Preclearance Area and, if applicable, each 
In-Transit Preclearance Area is clearly demarcated; 
 
c) ensure that there will be no public access to the area designated 
as the "Preclearance Area" by allowing only Travelers destined for 
the Inspecting Party's territory and authorized personnel to enter 
this area; 
 
d) post signage and make available information regarding the rights 
and obligations of travelers in a Preclearance Area; 
 
e) if applicable and approved, provide adequate facilities for the 
operation of In-Transit Preclearance; and 
 
f) agree to follow designated procedures regarding the advance 
notification to the Inspecting Party of the identity of any private 
aircraft requesting preclearance (see Annex II). 
 
Article VIII 
Participation of Air Carriers 
 
1) The Inspecting Party shall permit each air carrier and aircraft 
commander the option to use Preclearance or post clearance for 
flights, subject to the following conditions: 
 
a) Any air carrier seeking approval of Preclearance services will be 
required to make such request in writing no later than 60 days 
before the proposed commencement of service. All requests for 
Preclearance must be directed to the applicable representative of 
the Inspecting Authority's Port Director for that Preclearance 
Facility. For adjustments to air carrier flight schedules in 
accordance with Annex II (1), the Inspecting Authority shall require 
30 days notice of any anticipated schedule changes; 
 
b) Any air carrier desiring to withdraw entirely from Preclearance 
at any location will be required to provide 90 days advance written 
notice to both Parties. However, if neither Party objects, the air 
carrier may withdraw sooner. The Inspecting Party may require 
reasonable notice be provided to withdraw from Preclearance only in 
respect to one or more eligible routes; and 
 
c) Aircraft commanders will be required to comply with laws 
governing their landing, entry and clearance in the Inspecting 
Party's territory. The Host Party will endeavor to ensure that all 
aircraft commanders seeking preclearance provide advance notice of 
their departure from the territory of the Host Party to the 
territory of this Inspecting Party in order to schedule Preclearance 
services (see Annex II). 
 
2) Where In-transit Preclearance is introduced in accordance with 
the terms of this Agreement, the Host Party shall ensure that each 
airport with In-Transit Preclearance makes available the in-transit 
process to all carriers and aircraft commanders that have agreed to 
participate in the in-transit program. 
 
3) Cargo services (i.e., preclearance of cargo) shall not be 
eligible for Preclearance services under this Agreement. 
 
Article IX 
Cost of Preclearance 
 
The cost of Preclearance shall be borne as follows: 
 
(a) The Inspecting Party, pursuant to its laws and regulations 
governing Preclearance/preinspection, shall be responsible for its 
personnel and operations costs (other than facility costs) of 
conducting Preclearance activities, and may charge appropriate 
inspection user fees; 
 
(b) In accordance with Article V (3)(d) of this Agreement, for any 
Traveler refused passage onward by the Inspecting Party based upon 
the authority of the Inspecting Party, the air carrier or the 
aircraft commander concerned shall be responsible for any costs, 
including, where necessary, accommodation and maintenance costs 
arising from the removal to that individual's point of embarkation, 
or to the country of which he/she is a national; 
 
(c) The provision of the necessary Preclearance Facilities shall be 
the responsibility of the competent airport authority, but such 
costs may be recouped from the air carriers using Preclearance 
services; and 
 
(d) The cost of Preclearance services under subparagraphs (a) and 
(c), above, shall be allocated in the manner set forth in the 
Inspecting Party's Airport Technical Design Standards document. 
 
Article X 
Privileges and Immunities 
 
¶1. Preclearance Officers shall not be amenable to the jurisdiction 
of the Host Party in respect of acts performed or omitted to be 
performed by them in the course of their official duties under this 
Agreement. 
 
¶2. The Host Party may request the removal of a Preclearance Officer 
who abuses his/her official position. 
 
¶3. Preclearance Officers and accompanying family dependants except 
those who are citizens or permanent residents of the host country, 
shall be granted tax-free and duty-free benefits with respect to the 
payment of excise duties and taxes, and customs duties on goods for 
personal consumption, in reasonable quantities brought into the Host 
Party territory. 
 
Article XI 
Consultations 
 
1) Local airport mechanisms shall be used to address issues 
pertinent to a particular Preclearance location. Issues which cannot 
be resolved at the local level, shall be referred to the 
U.S./Ireland Preclearance Consultative Group. 
 
2) The Parties shall establish a U.S./Ireland Preclearance 
Consultative Group consisting of representatives of each Party. The 
U.S./Ireland Preclearance Consultative Group shall meet on a regular 
basis, at least annually, to review any issues related to this 
Agreement. 
 
a) Other interested groups, including the Air Industry, may attend 
portions of the U.S./Ireland Preclearance Consultative Group 
meetings, as mutually determined by the Parties. 
 
b) The U.S./Ireland Preclearance Consultative Group shall commence 
consultations within 30 days of the receipt of the request by either 
Party, to convene the Consultative Group unless otherwise agreed 
between the members. 
 
c) Where the U.S./Ireland Preclearance Consultative Group fails to 
resolve a matter within 30 days from commencement of the 
consultations, unless otherwise agreed between the Parties, the 
affected Party may request a meeting of the Parties. 
 
3) At any time, either Party may request consultations regarding any 
portion of this Agreement. Such requests may include, but are not 
limited to, changes in domestic law or any other matter a Party 
considers may affect the interpretation, application, or 
implementation of this Agreement. 
 
a) On matters which the requesting Party states are urgent, such 
consultations between the Parties shall commence within 15 days of 
the date of the request, or in accordance with Article III, 
paragraph 8, or as otherwise agreed to between the Parties. 
 
b) Consultations on other issues shall commence within 30 days of 
the request, unless otherwise agreed to between the Parties. 
 
4) The Parties agree that if a court or tribunal of either nation 
should determine that any Preclearance activity or operation is 
contrary to the laws of either party, the Parties should consult on 
how to proceed. 
 
5) As appropriate, either Party may engage the services of an 
independent contractor to conduct surveys regarding the Preclearance 
process. The results of these surveys shall be provided to both 
Parties. Either Party, with the concurrence of the other Party, may 
also conduct their own surveys regarding the Preclearance process. 
 
Article XII 
Annexes 
 
The Annexes constitute an integral part of this Agreement. 
 
Article XIII 
Reciprocity 
 
Should the Government of Ireland seek to establish Preclearance 
service at airports in the United States of America, the Government 
of the United States shall consult with relevant authorities at U.S. 
airport(s) which are mutually identified by the Parties, to 
determine the feasibility and details of establishing reciprocal 
Preclearance service under the terms of this Agreement. Reciprocal 
preclearance rights may be agreed to by the Parties in an amendment 
of this Agreement. 
 
Article XIV 
Entry into Force 
 
1) This Agreement shall enter into force on the date of the later 
note in an exchange of diplomatic notes in which each Party informs 
the other that it considers the requirements of Article III, 
paragraph 6 to have been met with respect to Preclearance service at 
Shannon and Dublin International Airports and that it has completed 
its necessary internal procedures for entry into force of the 
Agreement. 
 
2) This Agreement and its Annexes maybe amended by written agreement 
of the Parties. Upon entry into force, this Agreement shall 
supersede the Agreement between the United States of America and 
Ireland on Preinspection, signed at Dublin June 25, 1986, as 
supplemented by the agreement of March 31, 1988. 
 
3) This Agreement shall continue in force unless terminated by 
either Party giving one year's written notice to the other Party. 
DONE in two originals at (             ) this (           ) day of ( 
    ), 2008. 
(                         )  FOR THE GOVERNMENT OF THE UNITED STATES 
OF AMERICA 
(                          ) FOR THE GOVERNMENT OF IRELAND 
 
Annex I 
Security Arrangements 
 
1) Both Parties agree that at any Preclearance site it is essential, 
for the security of Preclearance Officers and the Preclearance 
operation in general, to have a high standard of security in the 
Preclearance Area including the presence of armed Host Party law 
enforcement officers during the hours of operation. In the case of 
Preclearance Facilities located on Ireland's territory, the 
following provisions shall apply: 
 
a) With regard to commercial aircraft: 
 
i) Ireland shall ensure a high standard of security for U.S. 
Preclearance Officers. During peak hours of operation (to be 
determined locally at each airport) a continuous armed Irish law 
enforcement presence will be provided within the Preclearance Area; 
and 
 
ii) During non-peak hours of operation (to be determined locally at 
each airport) the following standard will apply: armed Irish law 
enforcement patrols will appear in the Preclearance Area every 15-30 
minutes; when not on-site during non-peak hours, armed Irish law 
enforcement response times of less than 3 minutes to emergency calls 
from the U.S. Preclearance Area will be required. Disputes regarding 
what constitutes an emergency will be resolved between the 
Preclearance Port Director (CBP), the airport authority and the 
locally responding Irish law enforcement agency. If no agreement can 
be reached, consultations shall be held between the Parties. 
 
b) With regard to private aircraft: 
 
i) The Government of Ireland shall ensure a continuous armed law 
enforcement presence in the Preclearance area/facility during all 
hours of operation. 
 
Annex II 
Coordination of Preclearance Services 
 
a) Consistent with Article VIII and/or, if applicable, Article X, 
for Preclearance purposes, airport authorities and commercial air 
carriers will be required to notify the Inspecting Party of any 
proposed seasonal schedules and new flights, no less than 60 days in 
advance of their implementation. For subsequent limited adjustments 
to seasonal schedules, Article VIII, paragraph 1(a) shall apply. The 
Inspecting Party and Host Party will develop procedures to ensure 
adequate advance notice of arrival to the Inspecting Party for the 
preclearance of private aircraft. 
 
b) The Inspecting Party shall endeavor to accommodate all requests 
for Preclearance service when such requests are made in the 
timeframes specified in paragraph (a) above and shall work with 
airport authorities and commercial air carriers to accommodate new 
flights and changes in flight schedules. The Inspecting Party will 
endeavor to accommodate requests for Preclearance service made by 
private air owners/operators in accordance with the joint procedures 
that are developed by the Inspecting Party and Host Party (as 
referenced in paragraph a). 
 
c) Consistent with Article XI, any request for Preclearance service, 
not resolved at the local level shall be referred to the 
U.S./Ireland Preclearance Consultative Group. 
 
d) The Inspecting Party, in its sole discretion, shall have the 
right to determine on a case-by-case basis whether to provide 
Preclearance service to any irregular or ad hoc flights during 
mutually agreed upon normal hours of operation when there has been 
insufficient coordination with the Inspecting Party. 
 
e) The Inspecting Party shall have the right to determine on a 
case-by-case basis whether to provide Preclearance service to 
flights outside mutually agreed upon normal hours of operation. 
 
END TEXT OF DRAFT AGREEMENT 
--------------------------- 
 
FAUCHER