TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13-1208

________________________________________________________________________

CIVIL AVIATION

Preclearance

Agreement Between the

UNITED STATES OF AMERICA

and the UNITED ARAB EMIRATES

Signed at Washington April 15, 2013

with

Annex

and

Related Exchange of Notes
 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.”
 UNITED ARAB EMIRATES

 Civil Aviation: Preclearance

 Agreement signed at Washington

 April 15, 2013;

 Entered into force December 8, 2013.

 With annex and related exchange of notes.
AGREEMENT BETWEEN THE GOVERNMENT OF THE UNITED STATES OF

AMERICA AND THE GOVERNMENT OF THE UNITED ARAB EMIRATES ON AIR

TRANSPORT PRECLEARANCE

The Government of the United States of America and the Government of the. United Arab

Emirates (hereinafter referred to as the "Parties"),

Considering that air transport preclearance by officials of U.S. Customs and Border Protection

(CBP) of the Department of Homeland Security of the Government of the United States of

America, the procedure'of conducting in Abu Dhabi, United Arab Emirates, inspection of

travelers, goods and aircraft on eligible flights destined nonstop from Abu Dhabi to the United

States, facilitates travel between the United Arab Emirates and the United States, and

Recognizing that the Government of the Emirate of Abu Dhabi is to serve as the implementing

entity on behalf of the Government of the United Arab Emirates under this Agreement and that

CBP is to serve as the implementing entity on behalf of the Government of the United States

under this Agreement,

Agree as follows:

Article I

Defmitions

1. "UAE" means the United Arab Emirates and includes the Emirate of Abu Dhabi or its

Government (including any Government Department, Department official or other party

authorized to act on behalf of the UAE in relation to any provision of this Agreement), as

appropriate;

2. "United States" or "US" means the United States of America or its Government (including

any United States agency associated with preclearance operations, and in particular CBP), as

appropriate;

3. "UAE law enforcement officer" means a member of the Abu Dhabi Customs or the Abu

Dhabi Police;

4. "Air carrier" means a commercial enterprise that provides public transportation by aircraft

for remuneration, hire or other considerAtion;

5. "Aircraft store" means items in storage on aircraft,.including its supplies and equipment;

6. "Airport authority" means the Abu Dhabi Aimorts Company, which is responsible, on behalf

of the Government of the United Arab Emirates, for the management, operation and

development of the Abu Dhabi International Airport at which preclearance services are

provided in accordance with this Agreement•

7. "Cargo" means commercial goods, whether transported by a person or a commercial carrier;

8. "Eligible flight" means any commercial scheduled/charter flight, including ferry flights (crew

only), that has requested and been approved for preclearance service but does not include

flights of private aircraft or military (including military charter) flights;

9. "Goods" means personal effects, baggage, wares of any description, animals and plants and

their products, currency and other monetary instruments, and any document in any form;
10."In-Transit travelers" means the air passengers or crewmernbers coming from third countries

who do not formally enter the UAE;

11."Invasive personal search" means a body cavity search or a medical x-ray search;

12."Partial body search" means the removal of some of the clothing of a person by a

preclearance officer to recover material evidence suspected to be concealed on the person's

body or in the clothing itself;

13."Preclearance" means the procedure of conducting in the territory of one Party, all or any

examination, search and/or inspection required for entry/admission into the , territory of the

other Party;

14. "Preclearance area" means a designated, limited and operationally contiguous part of an

airport within which preclearance operations are effected in respect of travelers, goods and

aircraft, including

a. the aircraft destined nonstop for the United States and the immediate perimeter of the

aircraft;

b. the queuing area used exclusively for preclearance purposes clearly demarcated in

front of the primary inspection area;

c. the baggage make up area or other area where travelers' baggage or other goods are

delivered to preclearance officers for inspection and any areas in which such

inspection may occur;

d. primary and secondary examination areas, including, among other things, any areas

used for radiation detection;

e. the departure lounges for transportation bound for the United States;

f. connecting corridors and all designated conveyances for precleamd travelers and

goods used for transportation between sterile areas of terminals or from the terminal

to the departing mode of transportation (e.g., buses). When travelers cannot board a

departing mode of transportation by means of a connecting corridor or designated

conveyance, the preclearance area shall also include a clearly demarcated area leading

to that mode of transportation for the period of time during which boarding takes

place; and

g. administrative areas occupied by the Inspecting Party, including areas used for risk

analysis.

15. "Preclearance facility" means the physical inspection and administration infrastructure, to

include any offices and examination areas as well as any equipment used for the proce.ssing

of travelers and their goods;

16."Preclearance officer" means an official of CBP (including a legal successor agency)

designated by the Government of the United States to carry out preclearance in the UAE;

17."Post-clearance" means the clearance of aircraft, travelers, and goods upon arrival in the

United States;

18."Refugee" has the same meaning as that term is used in the Convention Relating to the Status

of Refugees (done at Geneva, July 28, 1951), as amended by the Protocol Relating to the

Status.of Refugees'(done at New York, January 31, 1967);

19."Refugee framework" means practices, and procedures applicable in the UAE, with regard to

asylum seekers, that provide recourse to avenues of protection from return to persecution;

and

20. "Traveler" means any air passenger or crewmember seeking entry/admission to the. United

States using preclearance.

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a. Permit preclearance officers to carry out preclearance of travelers, goods, aircraft and

aircraft stores on eligible flights and to determine procedures for carrying out

inspections and utilization of resources.

b. Authorize the installation and operation of such , communications and inspection aids

and equipment in the preclearance area as the US determMes it requires, including

radiological and nuclear detection devices.

c. Establish with the US mutually acceptable protocols for resolution in the event of a

positive alarm from an inspection aid, including as used for radiological/nuclear

preclearance screening of conveyances, persons and goods.

d. Secure and dispose of any illicit and/or illicitly trafficked radiological/nuclear

materials detected during radiological/nuclear preclearance screening of aircraft,

travelers, or goods in accordance with protocols developed in consultation with the

US, as appropriate.

e. Upon request of a preclearance officer, provide appropriate medical assistance and,

where necessary, access to medical isolation`facilities for persons subject to

preclearance who are suspected of having , an infectious disease proscribed under US

public health laws and regulations or who are presenting another threat to public

health.

f. Provide training for preclearance officers on laws, regulations, and culture of the

UAE, pertaining to preclearanceg. Permit preclearance officers to operate with the same authorities as they have in the

preclearance area within another designated area at the preclearance location that has

been mutually agreed upon by the Parties in the event of an outage or malfunction of

equipment or other aid used to conduct preclearance.

h. Permit preclearance officers to enter the airport through staff and employee entrances.

Any screening of preclearance officers will occur in a separate and private area.

3. The Parties acknowledge that under U.S. law, the US may not establish preclearance

facilities or begin preclearance operations in the UAE, unless the UAE maintains a refugee

framework for individuals in the country who are not citizens or nationals of the country.

4. A statement of fundamental principles regarding a refugee framework is contained in an

Annex to this Agreement. This Annex is an integral part of this Agreement and may be

updated by mutual agreement.

Article IV

U.S. Obligations and Authorities

In order to preserve the integrity of the preclearance area, the US shall have the right:

a. Upon a compromise to the security or sterility of the preclearance area or any aspect

of the preclearance process, to suspend preclearance processing until such time as the

compromise has been resolved to the satisfaction of the US.

b. To operate with the same authorities as it has in the preclearance area within another

designated area at the preclearance location that has been mutually agreed upon by

the Parties in the event of an outage or malfunction of equipment or other aid used to

conduct preclearance.
c. To obtain biometric information to verify the identity of a person within the

preclearance facility as needed by the US or as required by U.S. law.

d. To take appropriate measures, such as supervisory notification, regarding UAE law

enforcement officer(s) who have a presence in the preclearance area and pose a

concern with respect to the integrity of the preclearance area.

2. In order to facilitate the effective operation of preclearance, the US shall:

a. Give due consideration to using flexible practices and/or operating procedures which

may improve the efficiency of the preclearance facility or address temporary

disruption while maintaining authority over the conduct availability, and operations

of the preclearance officers.

b. Use its best efforts to secure necessary resources for additional staff and/or equipment

that may be required in order to maintain the efficient operation of the preclearance

facility.

c Provide .a sufficient number of preclearance officers to carry out preclearance of

travelers, goods, aircraft, and aircraft stores on eligible flights with reasonable speed

and efficiency.

d. Require preclearance officers to consult with the competent authority of the UAE, the

airport authority, and with the air carriers concerned on matters relating to the

implementation of this Agreement.

e Establish and continue preclearance operations within the preclearance area subject to

a finding by the US regarding the availability of resources and funds and the

existence of a sufficient volume of travelers to make feasible and practical the

operation of the preclearance facility.

f. Treat air carriers in a non-discriminatory manner in considering requests for

preclearance. • g. Establish a schedule of preclearance operations that best promotes the mutual security

of the Parties and recognizes the availability of resources to effectively conduct

operations.

h. Provide notification to the appropriate UAE authorities as to the decision to refuse

passage onward to the US for a traveler, and where appropriate turn over custody of

travelers and contraband to UAE authorities.

is Have the right to preclear eligible flights only if the travelers, goods, aircraft, and

aircraft stores are routed through the designated preclearance area.

Have the right to deny preclearance to any person and/or carrier in its discretion,

including, but not limited to, situations where the airport authority fails to reimburse

the US for the preclearance services the US provides pursuant to this Agreement.

k. Have the right to refuse admission, or otherwise prevent boarding on an air carrier, of

travelers and deny entry of goods destined to or transiting through its territory,

consistent with the laws of the US.

1. Have the right to require re-inspection or post-clearance in the US as it deems

necessary of any travelers, goods, aircraft or aircraft stores that have been precleared,

including to meet law enforc,ement concerns.

m. Have the right to administer its fees as well as civil fme.s and monetary penalties,

which may be assessed in US currency, on travelers and air carriers with respect to

violations identified by preclearance officers in the course of conducting preclearance
operations except when the UAE institutes criminal proceedings with respect to the

same act or omission.

n. Establish a security program for the preclearance area in a manner that is consistent

with the airport security program.

Article V

Role of the Airport Authority

Preclearance is contingent upon the airport authority:

a. Providing a high standard of security for the preclearance area;

b. Taking all appropriate steps to protect the preclearance area and facility and the

contents therein, including official archives and documents maintained and used by

the US, against any intrusion or damage and to prevent any disturbance of the peace

on , the premises;

c. Ensuring that it has a security program that maintains the sterility of the preclearance

area and restricts access to the preclearance area to authorized personnel only;

d. Excluding access to or observation of any portion of the preclearance area (not

otherwise regularly accessed or viewed by travelers subject to the preclearance

process) by any person without permission from the US, except in cases of

emergency when access may be provided to emergency workers with simultaneous

notification to preclearance officers;

e. Ensuring that the preclearance area is only accessible to, travelers, authorized

personnel, and goods that have undergone security screening at the airport;

f. Ensuring that intransit travelers and goods are maintained in a secure corridor from

the point of arrival in Abu Dhabi until they are presented to the preclearance facility

for processing, if they have not undergone security screening at the Abu Dhabi

International Airport;

g. Permitting the US to review and approve the personnel who apply for or already hold

positions that will provide them with access to the preclearance area'as part of their

duties;

h. Permitting the US to review and approve the goods available to persons, including for

purchase, in the preclearance area;

i. Providing a preclearance facility and preclearance area that meets the technical design

standards of the US, including any amendments or updates thereto; and

j. Providing reimbursement to the US for all costs associated with the provisions of

preclearance services to the extent permitted by US law. Such costs may include, but

are not limited to, salaries, expenses, and relocation costs of preclearance officers.

Article VI

UAE Obligations Regarding. Abu Dhabi International Airport

The UAE shall ensure that the airport authority:

a. Permits the installation and operation by the US of such equipment and aids as is

deemed necessary by the US for the effective operation of preclearance;

b. Ensures that there will be no public access to the preclearance area except in

accordance with this agreement;

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c. Ensures that no personnel lackingcurrent approval pursuant to subparagraph (g) of

Article V are permitted to enter the preclearance area;

d. Ensures that any goods, items, and other products not approved pursuant to

subparagraph (h) of Article V are not made available in the preclearance area; and

e. Provides, pursuant to Article X, the necessary preclearance facility.

Article VII

Privileges and Immunities

1. The Preclearance Officers and their families, shall not be liable to arrest or detention except

in the case of a grave crime and pursuant to a decision by the Competent Judicial Authorities.

2. The Preclearance Officers shall not be committed to prison or liable to any other form of

restriction on their personal freedom save in execution of a judicial decision of final effect

for the commission of a grave crime.

3. If criminal proceedings are instituted against a Preclearance Officer, the Preclearance Officer

must appear before the. Competent Authorities. Nevertheless the proceedings shall be

conducted with respect due to the officer by reason of the officer's position and, except in the

case specified in paragraph 2 of this Article, in a manner which will`hamper the exercise of

preclearance functions as little as possible.

4. Without prejudice to the provision of paragraph 1, acts conducted in the performance of

official duties, as referenced in Article VIII, and within the preclearance area, Preclearance

Officers shall not be amenable to the jurisdiction of the judicial or administrative authorities

of the UAE.

5. The Preclearance Officers and their fsmilies shall be granted the privileges, financial and

customs exemptions in accordance with Articles 47, 48, 49, and 50 of the Vienna Convention

on Consular Relations of 1963.

6. The Pieclearance Officers may be summoned to testify before the UAE Competent

Authorities during investigations procedure. Should they appear, they are under no

obligation to give evidence concerning matters connected with the exercise of their functions

or to produce official correspondence and documents related thererto. They are also entitled

to decline to give evidence as expert witnesses with regard to the law of United States of

America_

7. The official archives, including electronic files and documents, used by preclearance officers

for.the purposes of carrying out, preclearance in the preclearance area shall; the same

inviolability as archives under the Vienna Convention on Diplomatic Relations of 1961.

8. The Government of the UAE shall ensure that Abu Dhabi shall provide to each employee of

the US working in support of preclearance in Abu Dhabi, any employment authorization and

identification necessary to assist in identifying him or her as an agent of the US. Likewise,

the Government of the UAE shall ensure that Abu Dhabi shall provide any necessary

documentation and identification cards to each employee and his/her accompanying family

dependents.

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Article VIII

Application of Law and Jurisdiction

1. The US may apply any of its customs, immigration, agriculture and public health laws

and regulations to aircraft, travelers, goods and aircraft stores in the UAE which are

subject to preclearance, 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 upon arrival in the US.

2. The UAE shall permit preclearance officers to search, and examine any traveler or other

person, goods, article, aircraft store, aircraft, or other conveyance within the preclearance

area or with a direct nexus to the preclearance area and to conduct personal searches

(including patdovvn searches and partial body searches) of any traveler or person in the

preclearance area

. The US shall refer persons to the appropriate authorities of UAE for an invasive personal

search where_ appropriate (not including partial body searches, pursuant to paragraph 2

above).

4. The UAE shall ensure that a UAE 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 US.

5. The UAE shall permit preclearance officers to detain any traveler or person in the

preclearance area suspected of committing an offense under either the laws of the US or

of the UAE, including those of the Emirate of Abu Dhabi, and to detain any such person

suspected of obstructing a preclearance officer in the exercise of his or her duties. In

exercising, this authority, a preclearance officer may detain a person who is seeking to

withdraw from the preclearance area.

6. UAE law enforcement officers shall, upon the request of a preclearance officer, seize and

confiscate goods, and/or arrest the bearer of such goods (and any alleged accomplices), if

such goods are falsely declared or not declared at the time of preclearance and if

possession or exportation of such goods is prohibited under the laws of the UAE,

including those of the Emirate..of Abu Dhabi.

7. The US shall, in consultatiort with UAE law enforcement officers, reasonably strive to

account for the proper preservation of evidence in cases related to alleged violations of

laws of the UAE; including those of the Emirate of Abu Dhabi.

8. The UAE shall permit preclearance officers to expeditiously seize goods under the laws

of the US, if possession or exportation of such goods is not prohibited under the laws of

the UAE, including those of the Emirate of Abu Dhabi, or if UAE law enforcement

officers declineto initiate enforcement action with respect to such goods. Such seizures

shall be subject to the appeal procedures of the US and shall be conducted consistent with

the laws of the US.

9. For criminal offenses that occur in the presence of preclearance officers, the US may take

actions to suppress the offense, seek assistance of appropriate UAE law enforcement

officers, and maintain the right to act in self-defense of preclearance officers and others.

10.The US will maintain the right to transfer seized goods to UAE law enforcement officers_

11.The US will provide reasonable assistance to the United Arab Emirates in relation to the

detection and processing of offenses under the laws of the UAE and in the context of this

agreement.
Article IX

Operations and Procedures

The Parties agree that any air carrier has the option to request either preclearance or postclearance, with preclearance being subject to the following conditions:

a. If an air carrier applies for preclearance, it shall use the procedure for all of its flights

on a given route. Requests for preclearance service should be made as far in advance

as possible, but not less than 60 days prior to the anticipated initiation of service. The

US may require a reasonable period before extending preclearance to such air carrier

in order to obtain personnel or facilities required by the anticipated changes in

service.

b. An air carrier desiring to withdraw entirely from preclearance must give twelve

months' notice to both Parties, but, upon written consent from the Parties, it may

withdraw sooner. An air carrier desiring to withdraw from preclearance only in

respect to certain eligible flights must give three months' notice, but, upon written

consent from the Parties, it may withdraw sooner.

c. Preclearance officers may decline to conduct Preclearance in respect of any air carrier

until the carrier:

i. Has taken the necessary steps to enable it to deny carriage onwards to the US

to anyone found,ineligible to travel on a precleared flight;

ii. Has undertaken to be responsible for the removal of any such person to his

point of embarkation or the country of which he is a national and to bear any

costs (including where necessary accommodation and maintenance costs)

arising therefrom; and

iii. Has taken the necessary steps to comply with any lawful conditions imposed

by the Inspecting Party.

Article X

Costs

1. The Parties agree that the following conditions shall apply to the reimbursement of the costs

referred to in subparagraph 6) of Article V of this Agreement:

a. The airport authority shall reimburse the US for expenses arising from the provision

of preclearance services that have been requested by such authority.

b. Costs of inspections and services performed by individual officers shall be actualized

by the US through audits on a quarterly basis'and submitted via a preclearance bill to

the airport authority.

c. The airport authority shall reimburse the US for said actualized inspections and

services costs within 90 days of receipt of the preclearance bill; and, within 30 days

of receipt, the airport authority may request an itenii7ed review of a bill through local

mechanisms, and, if billing issues remain unresolved, by the consultative group

referred to in Article XI of this Agreement whereupon agreed costs will be due within

90 days of receipt of the original bill.

d. The Parties shall ensure that for any person (other than a citizen or national of the

UAE) refused passage onward by a preclearance officer, the air carrier concerned

shall be responsible for any costs, including, where necessary, accommodation and
maintenance costs, arising from the removal to the person's point of embarkation, or

to the country of which he is a national.

e. The provision of the necessary preclearance facilities (including construction,

furniture, equipment, and ongoing maintenance) shall be the responsibility of the

airport authority. The airport authority shall retain ownership of equipment

purchased by the airport authority with the exception of proprietary goods (including

software, services, and information reflected in paragraph 7 of Article VII).

f. The Parties acknowledge that nothing in this agreement infringes upon the authority

of the Parties, on a non-discriminatory basis, to impose charges to travelers or air

carriers consistent with their respective laws.

2. Neither Party shall be responsible for costs associated with persons obtaining advice from

legal counsel during preclearance operations, if permitted.

Article XI

Consultations

1. Either Party may at any time request consultations concerning the interpretation, application

or amendment of this Agreement, the annex, and protocols. Such consultations shall begin

within 60 days from the date the other Party receives the request unless otherwise agreed

between the Parties.

2. Local mechanisms shall be used in the first instance to address issues that arise upon or as a

result of implementation of the Agreement. Issues which cannot be resolved at the local

level shall be referred to a consultative group co-chaired by the Parties for resolution.

Article XII

Entry into Force

1. The terms of this Agreement shall enter into force on .a date to be determined in an exchange

of diplomatic notes between the Parties, indicating that all necessary internal procedures for

entry into force of the Agreement have been completed by the Parties.

2. The Agreement shall continue in force unless it is terminated by either Party, upon twelve

months written notice thereof to the other Party, or by the US, upon one month written

notice, if the US determines that the United Arab Emirates no longer meets the U.S. legal

standard stipulated in Article 111, paragraph 3.

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IN WITNESS WHEREOF, the undersigned, being duly authorized by their respective

Governments, have signed this Agreement.

DONE at Washington, in duplicate, on this /.5— day of A?prt, , 2013.

FOR THE GOVERNMENT OF

UNITED ARAB EMIRATES:

AkAW ovr Qp-h tk

FOR THE GOVERNMENT OF THE

THE UN D STATES OF AMERICA:

11
Annex to Article iff(3) of the Agreement

A. If a noncitizen arriving in, transiting through, or physically present in the UAE requests

protection from return to persecution, the UAE maintains the absolute authority to grant

or refuse such request consistent with the Constitution of the UAE, Federal Law No 6 for

1973 Concerning Immigration and Residence, as amended, and the refugee framework

referenced in this Agreement. Nothing in this Annex shall be construed as applying to

noncitizens who are outside of the territory of the UAE.

B. Consistent with the UAE Constitution and Federal Law No 6 for 1973 Concerning

Immigration and Residence, as amended, the UAE shall maintain a refugee framework

that includes:

(1) A meaningful opportunity fora noncitizen in the UAE, seeking to arrive in the UAE

at a port of entry, or in transit through the UAE, before being deported or excluded,

to express a fear of return to persecution and to seek protection from return to

persecution.

a. The UAE shall take measures to detect whether noncitizens, before being

deported or excluded, express or manifest any'fear or concerns that they will be

persecuted, killed, or otherwise mistreated if they are returned to their home

country.

(2) Procedures for a determination, by the Ministry of Interior, of whether the noncitizen

has established eligibility for protection from return to persecution, unless an

appropriate authority initially determines that the claim for protection is manifestly

unfounded.

(3) If it is determined that the noncitizen is eligible for protection from return to

persecution, then the UAE shall not return the noncitizen to the country of

persecution and shall facilitate the settlement of the noncitizen to a. safe haven where

there is no fear of persecution and that country shall not return the noncitizen to the

country of persecution.

a. The noncitizen shall be permitted to remain in the UAE until an appropriate

safe haven is found.

b. The UAE shall continue to maintain accountability for individuals with

protection concerns through existing databases.

C. The Parties acknowledge that noncitizens in the UAE may be excluded from protection if

the noncitizen falls within one or more internationally-recognized exclusion grounds:

(1) There are reasonable grounds to believe that the refugee is a danger to the safety

or security of the UAE.
(2) There are reasonable grounds to believe that the refugee committed a serious

nonpolitical offense outside of the UAE;

(3) The refugee has been convicted of a paiticularly serious criminal offense in the

UAE;

(4) There are reasonable grounds to believe that the refugee ordered, incited, assisted,

or participated in the persecution of others or committed genocide, a crime against

huinanity, a war crime, or terrorism;

D. Consistent with the UAE's current practices and procedures, UAE appropriate authorities

shall continue to accord noncitizens seeking refugee protection appropriate personal

security protection, respect their rights, and refrain from mistreating or coercing them

into providing information.

E. Procedures.

(1) If during the deportation or exclusion process, the noncitizen expresses a fear of

persecution in the designated country of removal, the noncitizen shall be referred to

an officer of the appropriate authority who is trained in refugee framework and

procedure.

(2) The appropriate authority shall interview the noncitizen to assess the persecution

claim.

(3) The appropriate authority may determine whether the persecution claim is manifestly

unfounded. If the claim is determined to be manifestly unfounded, the noncitizen

may be deported or excluded.

(4) If the claim is not determined to be manifestly unfounded, the merits of the

persecution claim shall be considered by the appropriate authority.

(5) If the noncitizen is determined to be eligible for protection, a written decision shall

be issued to the noncitizen, and the noncitizen shall not be subject to deportation or

exclusion to the country of persecution unless and until the appropriate entity

determines that the noncitizen is no longer in need of protection or that one or more

of the internationally recognized exclusion grounds apply.

(6) UAE shall ensure that the refugee framework has appropriate procedural safeguards.

(7) UAE shall ensure that all relevant UAE officials are provided necessary training and

guidance for the identification and processing of requests for protection, and in

otherwise implementing the procedures described in this Annex.

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UNITED ARAB EMIRATES

MINISTRY OF FOREIGN AFFAIRS

Dip Note: 160/2013

Date: November 26, 2013

The Ministry of Foreign Affairs to the United Arab Emirates presents its compliments

to the Embassy of the United States of America and refers to the Agreement between the

Government of the United Arab Emirates and the Government United States of America on

Air Transport Preclearance, including the Annex to article III (3)-(4) of the Agreement

attached thereto, signed at Washington April 15, 2013.

In accordance with Article XII, paragraph 1 of the Agreement, the Ministry informs

the. Embassy that the Government of the United Arab Emirates has completed all necessary

internal procedures for entry into force of the Agreement.

In connection with bringing the Agreement into force, the Ministry proposes that

paragraph B(3)(a) of the Annex to article III (3)-(4) of the Agreement be amended to read as

follows:

"The UAE shall permit the individual to remain in the UAE until an appropriate safe

haven is found, with the intent to accomplish resettlement within 30 days."

The Ministry, on behalf of the Government of the United Arab Emirates, proposes

that the Agreement, incorporating the above proposed amendment, enter into force on the

date of the written notification to the Government of the United Arab Emirates by the

Government of the United States of America that the latter concurs in the proposed

amendment, and that the Government of the United States of America has completed all

necessary internal procedures for entry into force of the Agreement.

taosa.- rrarsfs. dnv as
UNITED ARAB EMIRATES

MINISTER OF FOREIGN AFFAIRS

The Ministry also notes that the two governments have engaged in further

discussions regarding the implementation of the Agreement, especially in regard to the

framework on persons seeking protection. In that regard, the Ministry informs the Embassy

of the following procedures and expectations relating to that framework

A. Procedures taken with regard to requests for protection from return to persecution

include:

When a noncitizen in the UAE, arriving in the UAE at a port of entry, or in transit through

the UAE, before being deported or excluded, expresses an unwillingness to return to

his/her country based on the possibility of being persecuted, the following procedures

apply:

1. The individual is interviewed by the officials of the Ministry of Interior to take

his/her request and verify the claim of the individual's fear of returning to his/her

country and whether the individual merits protection.

2. Concerned departments verify the identity of the individual with available

documents.

3. The UAE Authority coordinates with relevant international organizations and

countries, particularly in regard to securing acceptance to receive the individual.

4. In cases where an acceptance of a third country is secured to receive the individual,

the UAE supports and may facilitate his/her departure.

5. The UAE permits the individual to remain in the UAE until an appropriate safe haven

is found, with the intent to accomplish resettlement within 30 days.

The rights provided by the UAE for individuals seeking protection from return to

persecution include:
UNITED ARAB EMIRATES

MINISTER OF FOREIGN AFFAIRS

I

1. The individual is treated with full respect regardless of his/her race, national origin,

nationality, religion, political opinion or social group.

2. The individual is provided with.

a. Interpreter services, if required;

b. An appropriate and safe place, as well:as health services and necessities.

3. The individual is allowed to:

a Practice his/her religion/faith;

b. Communicate with his/her family members.

4. The individual is waived of fines, if any exist.

S. If granted protection, the UAE may facilitate the departure,of the individual from the

UAE to a safe haven or take other appropriate actions.

Noncitizens in the UAE may be excluded from protection if the noncitizen falls within

one or more internationally-recognized exclusion grounds:

1. There are reasonable grounds to believe that the person seeking protection is a

danger to the safety and security of the UAE;

2. There are reasonable grounds to believe that the person seeking protection

committed a serious nonpolitical offense outside of the UAE;

. The person seeking protection has been convicted of a particularly serious criminal

offense in the UAE;

4. There are reasonable grounds to believe that the person seeking protection

ordered, incited, assisted, or participated in the persecution of others or committed

genocide, a crime against humanity a war crime or terrorism.

unitutstrwornment..20
UNITED ARAB EMIRATES

MINISTER OF FOREIGN AFFAIRS

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The Government of the United Arab Emirates would welcome consultations with the

Government of the United States regarding all aspects of the Agreement, including issues

relating to the framework for persons seeking protection; such consultations could be held

every six months, unless otherwise decided by the two countries. The UAE plans to also host

periodic observations by joint UAE and U.S. teams.

The Government of the United Arab Emirates and the Government of the United

States should provide primary points of contact on issues related to persons seeking or

granted protection under this framework.

The Ministry of Foreign Affairs of the United Arab Emirates avails itself of this

opportunity to renew to the Embassy of the United States of AMerica the assurances of its

high consideration.

Ministry of Foreign Affairs of the United Arab Emirates,

Abu Dhabi, [November 26, 2013].

tartAstat csamato rr■ m oatt nt. a -
Note No. 1453

The Embassy of the United States of America presents its compliments to

the Ministry of Foreign Affairs of the United Arab Emirates and acknowledges

receipt of the Ministry's note, dated November 26, 2013, which informed the

Embassy that the Government of the United Arab Emirates has completed all

necessary internal procedures for entry into force of the Agreement between the

Government of the United States of America and the Government of the United

Arab Emirates on Air Transport Preclearance, including the Annex to article III

(3)-(4) of the Agreement attached thereto, signed at Washington April 15, 2013

(the "Agreement"). The Embassy is pleased to inform the Ministry that the

Government of the United States of America has also completed all necessary

internal procedures for entry into force of the Agreement.

The Embassy acknowledges also the arnendment to paragraph B(3Xa) of the

Annex to article III (3X4) of the Agreement proposed by the Ministry on behalf of

the Government of the United Arab Emirates, and the Embassy informs the

DIPLOMATIC NOTE
Ministry that the Government of the United States of America concurs in the

amendment proposed in the Ministry's note.

The Embassy further acknowledges the Ministry's proposal that the

Agreement incorporating the amendment to paragraph B(3)(a) of the Annex to

article III (3)-(4) of the Agreement enter into force on the date of the written

notification from the Government of the United States of America that it concurs in

the proposed amendment and that the Government of the United States of America

has completed all necessary procedures for entry into force of the Agreement.

Accordingly, the Agreement, as amended, enters into force on December 8, 2013,

the date of this note.

Lastly, the Embassy acknowledges the information contained in the

Ministry's note regarding the United Arab Emirates' procedures and expectations

relating to the framework on persons seeking protection and informs the Ministry

that the Government of the United States of America has taken note of the

aforesaid procedures and expectations.
The Embassy of the United States of America avails itself of this

opportunity to renew to the Ministry of Foreign Affairs of the United Arab

Emirates the assurances of its high consideration.

Embassy of the United States of America,

Abu Dhabi, December 8, 2013.