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United States border preclearance

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The United States operates border preclearance facilities at a number of ports and airports in foreign countries. They are staffed and operated by U.S. Customs and Border Protection officers. Travelers pass through Immigration and Customs, Public Health, and Department of Agriculture inspections before boarding their aircraft, ship or train. This process is intended to streamline border procedures, to reduce congestion at ports of entry, and to facilitate travel between the preclearance location and some U.S. airports that may not be equipped to handle international travellers. However, the US and other countries who engage in the practice have been accused of being motivated also by the desire to prevent the arrival of asylum seekers, who are protected under the 1951 Refugee Convention's non-refoulement provisions once they arrive at their destination.[1]

Preclearance exists at most major Canadian airports, theoretically enabling more convenient travel from those cities to the U.S. Arrangements also exist with some airports in Bermuda, The Bahamas, Aruba, two airports in Ireland, and one in the United Arab Emirates.[2] In Canada, U.S. Border Preclearance is also known by its French name, précontrôle.[3] When travelers from a preclearance port arrive in the U.S. they do so as domestic travelers (pre-cleared flights are always subject to reinspection at the discretion of Customs and Border Protection). This is particularly beneficial to those who have an ongoing connection (such as a connecting flight), as there is no risk of border delays causing them to miss their connection. (A corresponding drawback, however, is that a delay in preclearance could cause the passenger to miss the outbound flight.) Air travelers with further connections have their baggage checked through to their destination; without preclearance the baggage would have to be collected prior to customs inspection and then rechecked onto the subsequent flight.

Preclearance provides considerable flexibility to the airlines operating in those routes where such program is available. For example, major U.S airlines and their subsidiaries routinely operate many daily flights from locations like Toronto or Nassau to New York City. Thanks to the presence of preclearance facilities in Toronto and Nassau, the airlines can choose to conveniently direct their flights from these locations to land at LaGuardia Airport instead of John F. Kennedy International Airport or Newark Liberty International Airport. This allows them to save the valuable space at JFK and EWR for their other international arrivals.

However, with the notable exceptions of LaGuardia and Ronald Reagan Washington National Airport, many more US airports now have customs facilities compared to when the preclearance program first started in 1952. The waits at some busy preclearance facilities, notably Toronto Pearson, can also often exceed the waiting times of non-precleared flights at the destination and cause significant delays to departure schedules. Reduced staffing levels by US Customs and Border Protection have been blamed by airport authorities, whose pleas have been answered with deferrals due to domestic priorities. NEXUS and similar programs are now being explored and expanded as a means to try to restore some of the original convenience to the preclearance process.

Preclearance applies to U.S. citizens as well as citizens of most other countries who travel to the U.S. As United States and Canadian laws require that those in transit through the U.S. or Canada must pass through U.S. immigration or Canadian customs, whichever is appropriate (unlike many other countries, which permit airside transfers), preclearance also applies to transit passengers.

These facilities exist because of agreements made between the federal government of the United States and the government of the host country. Travelers who have passed through the U.S. government checks, but whose flight or ship has not departed, remain in the legal jurisdiction of the host country. U.S. officials may question and search travelers with the passenger's permission, but they do not have powers of arrest (either for customs or immigration violations, or for the execution of outstanding warrants), although they can deny boarding. Local criminal laws apply, and are enforced by local officials. Some countries have laws in place specifically to cover preclearance issues. Since CBP does not have legal powers on foreign soil, passengers can only be detained for local laws by local authorities. A passenger can choose to abandon their flight and refuse search, and unlike in the United States, officers cannot search them. Most preclearance facilities have a sign explaining this. CBP Officers in the Preclearance Division are not armed while on foreign soil.[4][5]

Canada

Stamps in a United States passport, one from Canada Border Services Agency at Montréal-Pierre Elliott Trudeau International Airport and the other from US Customs, also at Montréal Airport

Informal preclearance arrangements between the U.S. and Canada began in Toronto, Ontario, in 1952, following a request from American Airlines. This was extended and formalized with Canada's passage of the Air Transport Preclearance Act passed by the Canadian House of Commons in 1974, the 1999 Preclearance Act[6] and with the 2001 Canada–U.S. Agreement on Air Transport Preclearance.[7] The preclearance agreement is fully reciprocal, meaning the Government of Canada has the option of opening Canadian Preclearance facilities in the United States, but as of 2013 this option has not been exercised by the Canadian government. The following Canadian airports operate U.S. preclearance facilities:

The U.S. operates a preclearance post at Pacific Central Station for Amtrak Cascades rail service between Vancouver, British Columbia, and Seattle, Washington.

The U.S. operates a preclearance post at the port of Vancouver. This is particularly valuable to travellers using cruise liners which visit Alaska or that depart from Vancouver and have a first stop at other US coastal cities situated along the west coast of North America (Seattle, Astoria, San Francisco, Los Angeles, San Diego).

The U.S. operates preinspection posts for immigration only (customs is still performed upon arrival in the U.S.) at the port of Victoria for the Black Ball Line MV Coho car ferry service to Port Angeles, Washington, and at the terminal in Sidney for the Washington State Ferries service to Anacortes, Washington.

Per the request of Porter Airlines, a new terminal building constructed at Billy Bishop Toronto City Airport officially opened in Fall 2010 and includes both Canada Border Services Agency and provisions for U.S. Customs and Border Protection border preclearance facilities, however the latter has been denied by Washington.[8][9]

In May 2012, U.S. Senators Charles Schumer, Kirsten Gillibrand, Patrick Leahy, and Bernie Sanders sent a letter to President Barack Obama urging him to fastrack the approval of a preclearance facility in Montreal's Central Station that will benefit U.S. bound travelers from having to stop at the train station in Rouses Point, New York for immigration and customs checks whenever they cross the U.S.-Canadian border.[10]

Caribbean and Atlantic Ocean

Informal preclearance with Bermuda began in 1960. The Bahamas and the U.S. signed a treaty in June 1974 formalizing the process.

Plans were underway for a preclearance facility to be opened at Punta Cana International Airport located in the popular tourist destination of Punta Cana, Dominican Republic by the end of summer 2009,[11] however as of July 2013 the facility has not opened yet. In April 2011, a team from the U.S. Department of Homeland Security travelled to Jamaica for talks with Jamaican government and tourism officials regarding the prospects of opening future preclearance facilities on the island.[12]

Ireland

U.S. Customs and Border Protection at Shannon
Shannon Airport: "Welcome to the United States. US-VISIT procedures are in effect. All international visitors are required to provide two digital fingerscans and a digital photograph."

The U.S. and Ireland entered into a preinspection arrangement in 1986.[13] Shannon Airport initially offered only immigration checks, with customs and agriculture inspections done on arrival in the U.S.—a procedure more properly known as preinspection. In August 2009, Shannon opened an addition to its preclearance facility that provided customs and agriculture inspections as well. The facilities at Dublin Airport, like those at Shannon, initially offered only immigration checks on select flights. In January 2011, a section of the recently opened Terminal 2 dedicated to preclearance opened with full CBP facilities. Both airports now allow U.S.-bound commercial flights that use the preclearance facilities to arrive at domestic terminals instead of international terminals, which in turn allows arriving passengers to leave airports upon landing without further inspection. Since March 2010, the Shannon preclearance facility is also available for use by private aircraft; the Dublin facility is only available for commercial flights. Note: In Dublin, the preclearance immigration facility is only available for U.S.-bound flights departing before 16:00. Passengers on later flights undergo U.S. immigration and customs checks upon arrival in the U.S.

Middle East

In December 2011, the government of Abu Dhabi signed a letter of intent to construct a terminal that, when opened, will house a U.S. border preclearance facility.[14] On 6th of June 2013, the House passed an amendment offered by Representatives Pat Meehan (R-PA), Candice Miller (R-MI) and Peter DeFazio (D-OR).

The amendment prohibits the U.S. Department of Homeland Security (DHS) from using any taxpayer dollars to conduct customs and border protection (CBP) preclearance operations at Abu Dhabi International Airport (AUH). The amendment was unanimously adopted during floor consideration of the FY14 Homeland Security Appropriations bill. [15] The US customs pre-clearance facility at Abu Dhabi International Airport officially opened on 26 January 2014.[16] A US customs preclearance is currently being planned at Dubai International Airport.[17]

On November 14, 2013, Rep. Patrick Meehan (R, PA-7) introduced the Preclearance Authorization Act of 2014 (H.R. 3488; 113th Congress), a bill that would authorize the United States Secretary of Homeland Security (DHS) to establish preclearance facilities, conduct preclearance operations, or provide customs services outside of the United States to prevent terrorists, terrorist instruments, and other national security threats from gaining access to the United States.[18] Meehan indicated that the goal of the bill is to prevent the Customs Bureau from opening a pre-clearance facility at Abu Dhabi International Airport in the United Arab Emirates: currently just one airline there flies to the United States.[19] That airline is Etihad, a state-run airline. Supporters of the bill wish to avoid giving an unfair competitive advantage that might result from travelers flying on Etihad through that airport in order to take advantage of the chance to be pre-cleared, an opportunity passengers on other airlines would not have.[19]

See also

References

  1. ^ Matthew J Gibney, "Measures to Prevent Arrival of Refugees" in Displacement, Asylum, Migration: The Oxford Amnesty Lectures 2004 (OUP, Oxford 2006) p.149
  2. ^ [1][dead link]
  3. ^ Preclearance Act
  4. ^ CBP OFFICER (PRECLEARANCE) Job Announcement
  5. ^ Preclearance Consultative Group Reviews Policies And Procedures
  6. ^ 1999 Preclearance Act (Bill S-22)
  7. ^ Press release by the Canadian Department of Foreign Affairs and International Trade
  8. ^ Jang, Brent (10 November 2009). "Porter loses its airport monopoly". Toronto Globe and Mail. Retrieved 11 March 2014.
  9. ^ Porter's growth strategy thrown for a loop
  10. ^ U.S. senators push for quick agreement on rail pre-clearance centre in Montreal from the Vancouver Sun 30 May 2012
  11. ^ Busiest Dominican airport to have U.S. Customs, Immigration station, Nuevo Diario reports from the Dominican Times retrieved 25 July 2008
  12. ^ US mulls pre-clearance facility in Jamaica from the Jamaica Gleaner 11 March 2011
  13. ^ Dáil Éireann - Volume 367 - 06 June, 1986 - US Preinspection Facilities at Shannon Airport: Motion. Historical-debates.oireachtas.ie. Retrieved on 2013-07-26.
  14. ^ "U.S. Security Expands Presence at Foreign Airports" from the New York Times retrieved 21 June 2012
  15. ^ "A4A Applauds Passage of Amendment Prohibiting Use of Taxpayer Dollars for CBP Preclearance Facility in Abu Dhabi" from the Arab Aviation News retrieved 6 June 2013
  16. ^ US Customs pre-clearance facility opens in UAE - Yahoo News Philippines. Ph.news.yahoo.com (2014-01-28). Retrieved on 2014-04-12.
  17. ^ US border pre-clearance facility planned in Dubai - Yahoo News Philippines. Ph.news.yahoo.com (2014-02-15). Retrieved on 2014-04-12.
  18. ^ "H.R. 3488 - Summary". United States Congress. Retrieved 7 July 2014.
  19. ^ a b "Customs Authorization, Pre-Clearance Bills Advance in House". Sandler & Travis Trade Advisory Services, INC. 13 June 2014. Retrieved 8 July 2014.
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