CBP AIMS TO EXPAND PRECLEARANCE PROGRAM IN 2015
January 20, 2015
CBP’s preclearance program allows for CBP clearance to occur abroad, prior to passengers boarding a direct flight to the United States, and without further CBP processing or security screening upon their arrival to the United States. U.S. preclearance operations began in 1952 at Toronto Pearson International Airport and currently take place at 15 foreign airports in six different countries (Canada, Ireland, UAE, Bermuda, Aruba, Bahamas).
Beginning in 2015, the United States will enter into negotiations in order to expand air preclearance operations to new locations. Foreign airport authorities that are interested in initiating the process to establish preclearance operations at their location have been encouraged to submit letters of interest to CBP.
Any country can apply for membership in the program, so long as it has diplomatic relations with the U.S. and is a party to the 1951 Convention Relating to the Statutes of Refugees or the 1967 Convention relating to the Status of Refugees or the 1967 Protocol Relating to the Status of Refugees. Interested applicants are evaluated based on numerous factors, including the feasibility of the preclearance service the airport intends to provide and the likelihood that the airport will be able to meet the minimum preclearance requirements. While each airport’s preclearance model can be customized to some extent, it must follow a basic structure of operations.
Other factors that are evaluated in CBP’s determination are (i) joint security and economic benefit; (ii) reimbursement for expenses incurred by CBP in establishing and maintaining preclearance services; (iii) signed Memorandum of Cooperation between TSA and relevant foreign Civil Aviation Authority; (iv) at least one U.S. passenger air carrier operating at location; and (v) aviation security screening comparable to TSA standards.
CBP and other proponents laud the program because it allows U.S. and international partners to identify and address threats at the earliest possible point, can be customized to meet the needs of individual airports, improves the overall passenger experience (quicker connections, less hassle upon arrival in U.S., reduced wait times at U.S. airports, etc.), increases safety because aviation security screening during the preclearance process must be maintained at a level comparable with TSA standards, and has the potential to increase capacity and growth of airports both in the U.S. and abroad.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com, 202-659-6622) or Drew Derco (dderco@eckertseamans.com, 202-659-6665).