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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 17-1002.1
 

CONSULAR AFFAIRS 

Visa and Immigration Information 

Agreement Between the 

UNITED STATES OF AMERICA 

and NEW ZEALAND 

Signed at Wellington May 4 and 5, 2017 
 

 

 

NOTE BY THE DEPARTMENT OF STATE 

Pursuant to Public Law 89—497, approved July 8, 1966 

(80 Stat. 271; 1 U.S.C. 113)— 

“. . .the Treaties and Other International Acts Series issued 

under the authority of the Secretary of State shall be competent 

evidence . . . of the treaties, international agreements other than 

treaties, and proclamations by the President of such treaties and 

international agreements other than treaties, as the case may be, 

therein contained, in all the courts of law and equity and of maritime 

jurisdiction, and in all the tribunals and public offices of the 

United States, and of the several States, without any further proof 

or authentication thereof.” 
 

 

 

 

 

 

 

 

NEW ZEALAND 

Consular Affairs: Visa and 

Immigration Information 

Agreement signed at Wellington 

May 4 and 5, 2017; 

Entered into force October 2, 2017. 
Agreement 


between 


the Government of the United States of America 


and 


the Government of New Zealand 


for the Sharing of Visa and Immigration Information 


PREAMBLE: 

The Government of the United States of America and the 

Government of New Zealand (hereinafter referred to individually as "the 

United States .., 'New Zealand' and "Party" or collectively as "the Parties"); 

NOTING the importance of a new approach to migration that takes 

into account the global patterns of both regular and irregular migration and 

the increasingly sophisticated methods for identity fraud and abuse of the 

Parties· immigration laws: 

RECOGNIZING that border security and border management are 

significantly enhanced by cooperation and collaboration: 

RECOGNIZING that the United States and New Zealand agreed to 

biometric exchange for law enforcement purposes under the Agreement 

on Enhancing Cooperation in Preventing and Combating Crime done at 

Washington on March 20. 2013 ("PCC Agreement"): 
EMPHASIZING that it is critically important to have timely access to 

current and accurate information to inform inadmissibility assessments or 

other immigration-related determinations that are vital to the common 

security of the United States and New Zealand; 

CONSIDERING that the effective administration and enforcement 

of the immigration laws of the United States and New Zealand are 

important to protect the health and safety of their populations, to maintain 

the security of their societies, and to promote international justice and 

security by denying access to their territories to persons who are criminals 

or security risks: and 

CONVINCED that greater cooperation through the exchange of 

information can make the Parties' actions in achieving these objectives 

more effective; 

HAVE AGREED as follows: 

ARTICLE 1 


DEFINITIONS 


For purposes of this Agreement, 

A. 	 "National of a Third Country" means a person who is neither a 

citizen of New Zealand nor a citizen or national of the United States. 

B. 	 "Information" means data collected, maintained, or generated on 

Nationals of a Third Country seeking authorization to travel to, work in, 

or live in New Zealand or the United States. and other immigrationrelated data about Nationals of a Third Country, including data 

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pertaining to visa, admissibility, or immigration compliance actions 

and/or decisions rendered in accordance with or relevant to the 

immigration laws of the respective Parties. In circumstances described 

in Articles 2(C) and 2(0) of this Agreement, Information also includes 

such data that pertain to Nationals, including citizens, of a Party. 

Information may include Personal Data, statistical data, or both. 

c. 	"Personal Data" means any Information, biographic, biometric or 

both, relating to an identified or identifiable natural person (the "data 

subject"). 

ARTICLE 2 


SCOPE AND PURPOSE 


A. 	 The scope of this Agreement is to specify the terms, relationships. 

responsibilities. and conditions for the regular sharing of Information as 

defined in Article 1 (B) of this Agreement between the Parties and 

pursuant to the purpose identified in Article 2(8) of this Agreement 

B. 	 The purpose of this Agreement is to assist in the effective 

administration and enforcement of the respective immigration laws of 

the Parties by: 

(i) Using Information in order to administer or enforce the respective 

immigration laws of the Parties; 

(ii) Furthering the prevention, detection, 	or investigation of acts that 

would constitute a crime under the laws of either Party; and 

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(iii) Facilitating a Party"s determination of eligibility for a visa. 

admission, or other immigration benefit or of whether there are 

grounds for removal. 

c. 	 A Party to this Agreement shall only provide Information about its 

Nationals under an implementing arrangement to this Agreement and 

when such Information is relevant and necessary to support an 

identifiable immigration decision in the receiving country, and the 

sharing of such Information is compatible with domestic law and policy. 

D. 	 A Party to this Agreement shall only provide Information about a 

National of the other Party under an implementing arrangement to this 

Agreement and in response to a specific immigration matter in the 

receiving country lo which the individual is directly tied. where the 

sharing of such Information is compatible with domestic law and policy. 

E. 	 This Agreement shall not affect any existing agreements or 

arrangements between the two Parties. including the PCC Agreement. 

No provision in this Agreement shall be interpreted in a manner that 

would restrict practices relating to the sharing of Information that are 

already in place between the two Parties. Where a request for data 

falls within the scope of both the PCC Agreement and this Ag'reernent. 

the Parties may provide Information under the terms of either 

agreement. 

F. 	 This Agreement shall not give rise to rights. privileges or benefits on 

the part of any other party, private or public, including to obtain, 

suppress. or exclude any evidence or to impede the sharing of 

Personal Data. Rights existing mdependenlly of this Agreement are 

not affected. 

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ARTICLE 3 


EXCHANGE OF INFORMATION AND IMPLEME.NTATION 


For the purposes identified in Article 2(B) of this Agreement, the 

Parties shall provide each other with Information through processes 

provided for in implementing arrangements pursuant to Article 4 of this 

Agreement. and in so far as is consistent with the respective domestic 

laws of the Parties. 

ARTICLE 4 

IMPLEMENTING ARRANGEMENTS 

A. 	 The Parties shall develop, by mutual consent. implementing 

arrangements under this Agreement consistent with their respective 

domestic laws. 

B. 	 The implementing arrangements shall: set forth the data to be 

exchanged. the operational procedures to be followed. and the security 

mechanisms and other safeguards to be maintained; and set out the 

ways that such exchange of the particular data would be consistent 

with the purposes identified in Article 2(8) of this Agreement. The 

exchange, storage, and retention of Information by the respective 

Parties as set forth in the implementing arrangements shall be subject 

to the obligations i:-et fortl1 in this Agreement. 

ARTICLE 5 


USE AND DISCLOSURE OF INFORMATION 


A. 	 The Parties may use Information receivP.d under this Agreement. in 

accord;:mce with the purposes provided in Article 2(8) of this 

Agreement, as follows: 

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(i) 	For the purpose of assisting in the effective' administration and 

enforcement of each Party's respective immigration laws: 

(ii} 	Preventing immigration fraud or other exploitations of immigration 

or travel systems by Nationals of a Third Country; 

(iii) Identifying 	 threats to national or public security related to 

immigration or travel systems; and 

(iv) Non-criminal immigration enforcement proceedings and actions 

directly related to immigration enforcement set forth in Article 5(A)(i) 

of this Agreement: or 

(v) For any other purpose. only with the prior consent of the Party that 

transmitted the Information. 

B. 	 Nothing in this Agreement or any implementing arrangement shall 

restrict a Party's authority to share Information with its respective 

appropriate domestic authorities pursuing any purpose identified . in 

Article 2(8) of this Agreement when such authorities are carrying out 

their official duties. The Parties shall ensure that such domestic 

authorities limit their use and subsequent disclosure of Information in 

accordance with this Agreement. 

C. 	A Party may disclose Information received under this Agreement with 

the express consent, in writing, of the other Party providing the 

Information, consistent with the following terms: 

(i) After obtaining written consent, a Party may disclose Information it 

has received from the other Party: 

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(a) To domestic court or in a domestic judicial Pr<?ceeding, for the 3 

purposes identified in Article 2(B) of this Agreement: 

(b) To 	 a third country foreign government, ·1n furtherance of 

verifying identity or establishing the provenance of identity 

documents. in connection with re-documentation or return of a 

NatiOnal of a Third Country. However, the Party disclosing the 

Information shall make best efforts to ensure that the disclosure 

of Information: 

1. 	 Could not cause the Information to become known to any 

government, authority or person from which the subject of 

the Information is seeking. or has been granted protection 

(a) in New Zealand under domestic laws or processes 

implementing New Zealand's obligations under the 

Convention relating to the Status of Refugees, done on 28 

July 1951 (the "1951 Refugee Convention"): the Protocol 

relating to the Status of Refugees, done on 31 January 1967 

(the ··1957 Protocol"); the Convention against Torture or 

Other Cruel, inhuman or Degrading Treatment or· 

Punishment, done on 10 December 1984 (the "Convention 

against Torture"); or the International Covenant on Civil and 

Political ~ights done on 16 December 1966 (the "ICCPR'): 

or (b) in the United States under domestic laws implement\ng 

U.S. obligations under the 1967 Protocol or the Convention 

against Torture» 

2. 	 Does not occur in circumstances where. by virtue of the 

government. authority or person becoming aware of such 

Information, it is reasonably foreseeable that the subject of 

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the Information may become elioible for the protections set 

out 1n paragraph (C)(l)(bJ(1) above: and 

3. 	 Does not occur 1n circumstances where, by virtue of the 

government authority or person becoming aware of such 

Information. the subject of the lnfonnation or their family 

members may be placed at risk of refoulement. or any other 

type of harm contemplated under the 1951 Refugee 

Convention, the 1967 Protocol or the Convention against 

Torture. 

(c) 	Subject to paragraph (C)(ii), below, for such other purpose 

specifically described in the providing Party's advance written 

authorization: including to any private party. the public. or an 

international organization, or for a purpose not identified in 

Article 2(B) of this Agreement. to a court or in a judicial 

proceeding. However, the Party disclosing the Information shall 

make best efforts to ensure that the disclosure of tniormation is 

consistent with the requirements of subparagraphs 1, 2 and 3 of 

paragraph (C)(i)(b) of this Article. 

(ii) 	 The providing Party may condition its consent with caveats or 

restrictions on the use of such Information. which shall not include 

generic restrlctio~s with respect to the legal standards of the 

receiving Party for processing Personal Data. In such instances, 

the receiving Party shall be bound by any such conditions. 

(iii} Consent may be provided either in response to a specific request 

or through an implementing arrangement. 

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.D. Nothing jn this Article shall preclude the use or disclosure of 

Information to the extent that there is an obligation to do so under the 

domestic law of the. Party that received the Information. In these 

circumstances. the Party requiring such use or disclosure shall 

endeavour to notify the other Party in advance and provide details of 

that use or disclosure. In the exceptional case where advance notice 

is not practicable, the Party using or disclosing the Information shall 

notify the other Party as soon as possible. 

ARTICLE 6 


ACCESS, CORRECTION AND NOTATION 


' A. Nothing in this Agreement shall interfere with a Party s legal 

obligations, as set forth in its laws, to provide data subjects with 

information as to the purposes of the processing and the identity of the 

data controller, the recipients or categories of recipients. the existence 

of the right of access to and the right to rectify the data concerning him 

or her, and any further information such as the legal basis of the 

processing operation for which the data are intended, the time limits for 

storing the data and the right of recourse, in so far as such further 

information is necessary, having regard for the purposes and specific 

circumstances in which the data are processed, to guarantee fair 

processing with respect to data subjects. 

B. 	 Such information may be denied in accordance with the respective 

laws of the Parties. including if providing information may jeopardize: 

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(i) The purpose of the processing: 

(ii) Investigations or prosecutions conducted by the competent 

authorities in the United States or by the competent authorities in 

New Zealand: or 

(iii) The rights and freedoms maintained by third parties. 

ARTICLE 7 . PROTECTION AND ACCURACY OF INFORMATION 

A. 	 The Parties shall have in place the necessary technical measures and 

o"rganizatfonal arrangements to protect Information against accidental 

or unlawful destruction, accidental loss, or unauthorized disclosure. 

alteration, access or any unauthorized form of processing. The 

Parties, in particular, shall take reasonable measures to ensure that 

only those authorized to access Personal Data can have access to 

such data . 

.B. 	 Implementing arrangements or other technical arrangements that 

govern the procedures for automated biographic and biometric queries 

under this Agreement shall provide: 

(i) 	That appropriate use is made of modern technology to ensure data 

protection, security confidentiality, and integrity; 

(ii) That encryption and authorization 	procedures recognized by the 

competent authorities are used when having recourse to generally 

accessible networks: and 

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(iii) For 	a mechanism to ensure that only permissible queries are 

conducted 

c. 	Each Party shall notify the other promptly. but no later than forty-eight 

(48) hours after becoming aware of any material accidental or 

unauthOrized access, use, d·1sclosure. modification or disposal of 

Information received under this Agreement and shall furnish all 

necessary details of the material accidental or unauthorized access. 

use. disclosure, modification or disposal of that Information as 

appropriate. 

o 	.Each Party shall take appropriate action. including under the civil or 

criminal law or both. in the event of misuse, unauthorized alteration or 

deletion of. or unauthorized use or disclosure of. any Information 

shared under this Agreement. 

E. 	 A Party shall notify the other Party by telephone or in writing. to include 

electronic mail. promptly and in any event no later than forty-eight (48) 

hours, if there is a situation that disrupts the intended transfer of 

Information between them. 

F. 	 The Parties shall use and share Information in accordance with their 

respective laws and ensure that 

(i) 	Each Party shall provide the other Party with the most current 

and accurate Information available: 

(ii) In the 	event that one Party has reason to believe that the other 

Party is using or relying on inaccurate Information provided 

under this Agreement, it shall promptly notify the other Party, in 

writing, and provide correcting Information, if available; and 

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(iii) When 	a Party receives correcting Information. the Party shall 

destroy or correct any inaccurate Information and any 

Information derived from it to the maximum ext~nt practicable. 

The Party shall notify the other Party, in writing, that it has made 

the corrections. 

ARTICLE 8 


RETENTION, ARCHIVING AND DISPOSAL 


A. 	 Each Party shall retain Information received ~nder this Agreement in 

an orderly and secure system. only for as long as 1s necessary for the 

specific purpose for which the data was provided or further processed 

in accordance with this Agreement. and in accordance with applicable 

domestic law. 

B. 	 A Party shall destroy, as soon as practicable, any Information received 

under this Agreement that it determines is not relevant to the intended 

query exchange or that is erroneously provided. 

C. 	Each Party shall operate a system of database and document control 

that provides for the orderly and secure archiving and destruction of 

Information that has been received under this Agreement. in 

accordance with the relevant Party's domestic law. 

ARTICLE 9 


EXEMPTIONS 


A 	 If a Party determines that sharing Information under this Agreement 

would be inconsistent with its domestic law, inconsistent with its 

international obligations. or detrimental to its national sovereignty. 

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national security. public order, or other important national interest. the 

Party may decline to provide all or part of the Information. or offer to 

provide the Information in whole or in part subject to such terms and 

conditions as it may specify. 

B. 	 This Agreement is made within the context of New Zealand and the 

United States being parties to important. treaties of the United Nations 

on human rights, including the lCCPR and the Convention against 

't Torture. The Parties affirm that this Agreement shall be implemented j

f consistent with their obligations under those treaties and any domestic 

\ legislation implementing those treaties, as applicable. 

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' 	 ARTICLE 10 

•i FINANCIAL ARRANGEMENTS 

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tSubject to its applicable laws and regulations. each Party shall bear the 

rxpenses incurred by its authorities in implementing this Agreement. In 

lspecial cases, the Parties may agree to different arrangements, where 

1authorised ' under domestic laws or processes. 

j ARTICLE 11 


REVIEW AND CONSULTATION 


A. The Parties shall consult each other regularly on the implementation of 

provisions of this Agreement. 

B. Each Party shall be responsible for notifying the other Party, as soon 

as practicable, as to any substantive or material change to its laws. 

regulations, policies, technology, or systems that would fundamentally 

alter its ability to comply with this Agreement. 
ARTICLE 12 


SETTLEMENT OF DISPUTES 


A. 	 The Parties shall at all times endeavour to agree on the interpretation 

and application of this Agreement, and shall make every attempt to 

arrive at a mutually satisfactory resolution of any matter that might 

affect its implementation or administration. 

',8. 	 In the event of any dispute regarding the interpretation or application of 

this Agreement or any implementing arrangement. the Parties shall 

consult each other in order to facilitate its resolution. 

~C. The Parties shall jointly determine in advance the modalities and terms 

of the consultation. 

ARTICLE 13 


AMENDMENT AND TERMINATION 


A 	 The Parties may amend this Agreement by mutual agreement, in 

writing. 

B. 	 A Party may terminate this Agreement at any time by giving notice .in 

writing to the other Party. The termination shall be effective ninety (90) 

days after the date of the notice, except that the provisions of Articles 

5, 6, 7, and g shall continue to apply to Information exchanged 

pursuant to this Agreement, even after the Agreement is terminated. 

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ARTICLE 14 

ENTRY INTO FORCE 

This Agreement shal! enter into force on the date of the last note of ::,n 

exchange of diplomatic notes 1n whic!1 the Parties notify E:ach other of the 

completion of their respective internal procedures necessary for thP. eritry 

into force of this Agreement. 

IN WITNESS WHEREOF, th8 undersigned, being duly authorized by their 

respective governments, have signed this Agreemerit: 

DONE by Candy Green for the United States of America at Wellington, 

this s(l l day of (Vl 0... '-f 2017 and by Hon Michael Woodhouse 

for New Zealand at Wellingtorl. thi¥'z day of /"'1'tf!j 2017 

For the Government of the For the Government of 

United States of America New Zealand // 

~ 

Candy 

--'=--"---+--">=~~:'.:'.:_ 

Green;- harge d'Affaires 

y--·­ A~#~ Hon. Michael' oo 
 house, l\1in~;H ad interim, United States Embassy f'1Dt Immigration New Zealand 


Wellington