TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13-1108

________________________________________________________________________

VISA, IMMIGRATION, AND NATIONALITY

Information Exchange

Agreement Between

the UNITED STATES OF AMERICA

and the UNITED KINGDOM OF 

GREAT BRITAIN AND NORTHERN IRELAND

Signed at Queenstown April 18, 2013
 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 KINGDOM OF GREAT BRITAIN 

 AND NORTHERN IRELAND

 Visa, Immigration, and Nationality: Information Exchange

 Agreement signed at Queenstown April 18, 2013;

 Entered into force November 8, 2013.

 
AGREEMENT BETWEEN 

THE GOVERNMENT OF THE UNITED STATES OF AMERICA 

AND 

THE GOVERNMENT OF THE UNITED KINGDOM 

OF GREAT BRITAIN AND NORTHERN IRELAND 

FOR THE SHARING OF VISA, IMMIGRATION, 

AND NATIONALITY INFORMATION 

PREAMBLE 

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

Kingdom of Great Britain and Northern Ireland (hereinafter referred to 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 our countries' immigration 

laws; 

RECOGNIZING that border security and border management are significantly 

enhanced by cooperation and collaboration, with due regard to international human 

rights obligations; 

EMPHASIZING that it is critically important to have timely access to current and 

accurate information to inform inadmissibility assessments or other immigration 

and nationality-related determinations that are vital to the common security of the 

United States of America and the United Kingdom; 

CONSIDERING that the effective administration and enforcement of the 

immigration and nationality laws of the United States of America and the United 

Kingdom 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; 

ACKNOWLEDGING that identification of individuals who are inadmissible under 

their respective immigration laws enhances their ability to facilitate the travel of 

bona fide visitors; 

CONVINCED that greater cooperation through the exchange of information can 

make their actions in achieving these objectives more effective, particularly given 

the noted phenomena of immigration offenders seeking to enter both countries; 

HAVE AGREED as follows: 
ARTICLE 1 

DEFINITIONS 

For purposes of this Agreement, 

(a) "Information" means data on Nationals of a Third Country seeking 

authorization to transit through, travel to, work in, live in, or take 

citizenship of, the United Kingdom (UK) or the United States (U.S.), 

and other immigration and nationality-related data about Nationals of a 

Third Country, including data from admissibility, immigration or 

nationality compliance actions and/or decisions rendered in accordance 

with the immigration and nationality laws of the respective Parties. 

Information may consist of personal data, statistical data, or both. The 

particular types of Information to be shared, and categories of Nationals 

of a Third Country about whom such Information is to pertain, shall be 

described in relevant implementing arrangements developed by the 

Parties pursuant to Article 4. 

(b) "National of a Third Country" means a person who is neither a UK nor 

a U.S. citizen or national. The UK will hold limited, if any, Information 

about European Economic Area nationals and their family members 

due to their free movement rights under European Union (EU) law. 

(c) "Domestic law" includes, in relation to the United Kingdom, European 

Union law. 

ARTICLE2 

SCOPE AND PURPOSE 

1. This Agreement specifies the terms, relationships, responsibilities, and 

conditions for the regular sharing of Information between the Parties. 

2. The purpose of this Agreement is to assist in the effective administration and 

enforcement of the respective immigration and nationality laws of the Parties 

regarding Nationals of a Third Country who are the subjects of Information by: 

(a) Using Information in order to enforce or administer the immigration 

and nationality laws of the Parties; 

(b) Facilitating the Parties' adjudication of applications for transit, a visa, 

admission, extension of stay, other immigration benefit, nationality, or 

determination of whether an individual is to be ordered removed by 

providing Information regarding the individual; and 
(c) Furthering the prevention, investigation, or punishment of acts that 

would constitute a crime rendering a National of a Third Country 

inadmissible or removable under the laws of the Party providing the 

Information. 

3. Nothing in this Agreement is intended to change, modify, or limit the 

applicable laws and common law powers in the territory of either Party to share 

Information. The UK shall share Information under this Agreement in reliance on 

its common law powers to do so. The U.S. shall share Information under this 

Agreement in reliance on its authorities and powers. All Information exchanged 

under this Agreement shall be handled by a Party in accordance with the terms of 

this Agreement and its domestic laws. 

4. 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. 

5. 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, privileges or benefits 

existing independently of this Agreement are not affected. 

ARTICLE 3 

EXCHANGE OF INFORMATION 

The Parties shall provide each other with Information by means of a process, 

including systematic and case-by-case searches, for the purposes identified in 

Article 2, paragraph 2, as provided for in implementing arrangements pursuant to 

Article 4 and in so far as consistent with the domestic law of the Party providing 

the Information. 

ARTICLE4 

IMPLEMENTING ARRANGEMENTS 

1. The Parties shall develop, by mutual consent, implementing arrangements 

under this Agreement consistent with their respective domestic laws. 

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

within each type of Information, 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, paragraph 2. The exchange, storage, and retention of 

Information as set forth in the implementing arrangements shall be subject to the 

obligations set forth in this Agreement. 
ARTICLE 5 

USE AND DISCLOSURE OF INFORMATION 

1. The Parties shall hold Information received under this Agreement in strict 

confidence and shall use it only for purposes identified in Article 2, paragraph 2. A 

Party may also for those purposes disclose such Information to appropriate 

domestic authorities responsible for pursuing those purposes where necessary to 

carry out their official duties. The Parties shall ensure that domestic authorities to 

whom Information is disclosed shall protect the Information, and shall limit its use 

and subsequent disclosure, in accordance with this Agreement. 

2. Except as authorized under this Agreement or as otherwise expressly 

consented in writing by the Parties, a Party may not disclose Information received 

under this Agreement to any private party, the public, a third party foreign 

government, an international organization, a court, or in a judicial proceeding. 

3. A Party may disclose Information received under this Agreement with the 

express consent, in writing, of the Party providing the Information, subject to any 

caveats, restrictions or conditions imposed by the Party providing the Information, 

to: 

(a) A domestic court or in a domestic judicial proceeding, for the purposes 

identified in Article 2, paragraph 2; or 

(b) A government of a third country, for the purposes of verifying identity 

or establishing the provenance of identity documents, in connection 

with re-documentation or return of an individual to that country. 

However, the Party disclosing the Information shall make best efforts 

to ensure that the disclosure of Information: 

(i) 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 under 

domestic laws implementing the Convention relating to the Status 

of Refugees done on 28 July 1951 (the "1951 Refugee 

Convention") or the Protocol relating to the Status of Refugees, 

done on 31 January 1967 (the "1967 Protocol"), or who has made 

a claim for protection against torture in accordance with the 

Convention against Torture and Other Cruel, Inhuman or 

Degrading Treatment or Punishment, done on 10 December 1984 

(the "Convention against Torture"), or under either Party's 

domestic laws implementing the relevant Conventions or 

Protocol; 

(ii) 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 the 
Information may become eligible for the protections set out in 

paragraph 3(b )(i) above; 

(iii) Does not occur if it is reasonably foreseeable that, as a result of 

such exchange, use or disclosure, the subject of the Information 

or his or her 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. 

4. The Parties shall not interpret this article to restrict, including by requiring 

express consent, the use or disclosure of Information in accordance with the 

domestic law of the Parties in an immigration proceeding, which is a purpose 

within Article 2, paragraph 2. 

5. The Parties shall not interpret this article to 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, where not infeasible, notify the Party 

providing the Information in advance and provide details of any such use or 

disclosure. In the exceptional case where advance notice is infeasible, the Party 

using or disclosing the Information shall notify the other Party as soon as possible. 

6. In order to prevent the unauthorized disclosure, copying, use, or modification 

of Information received under this Agreement, each Party shall restrict access to 

that Information to those individuals who need access to it for the purposes set out 

in Article 2, paragraph 2, and use recognized security mechanisms such as 

passwords, encryption, or other reasonable safeguards to prevent unauthorized 

access. 

7. 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, 

disclosure, 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. 

8. A Party shall notify the other by telephone or in writing, to include electronic 

mail, promptly and in any event no later than forty-eight ( 48) hours thereafter, if 

there is a situation that disrupts the intended transfer of Information between them. 

9. Each Party shall take appropriate administrative action, including under the 

civil and/or criminal law, in the event of misuse, unauthorized alteration, or 

deletion of, or unauthorized use or disclosure of, any Information shared under this 

Agreement. 
ARTICLE 6 

ACCURACY OF INFORMATION 

1. Each Party shall provide the other Party with the most current and accurate 

Information available. 

2. 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 it 

is available. 

3. When a Party receives correcting Information, the Party shall destroy or 

correct any inaccurate Information and any Information derived from it. The Party 

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

ARTICLE 7 

ACCESS AND RECTIFICATION 

Each Party confirms that it has in place a system by which individuals, regardless 

of their nationality or country of residence, can request Information about 

themselves that was received under this Agreement, and that, to the extent specified 

in its domestic law that such Information is releasable to the individual, the 

individual may request correction or notation of that Information. Any release of 

Information received under this Agreement to the individual whom the Information 

concerns is subject to the provisions of paragraphs 2, 3, 4 and 5 of Article 5, to the 

extent consistent with the relevant Party's domestic law and any applicable 

statutory or regulatory exemptions. Each Party confirms that it has in place a 

system by which individuals, regardless of their nationality or country of residence, 

can seek redress in the event of a refusal to provide, correct or notate Information. 

Any refusal shall be in writing, shall include the basis for the refusal and set out the 

options for redress. 

ARTICLE 8 

PROTECTION OF INFORMATION 

1. The Parties shall use, transmit, store, handle, and protect Information 

exchanged within the framework of this Agreement in accordance with the terms of 

the Agreement, and their respective domestic law, including national security and 

privacy laws and regulations, as applicable. 

2. Personal Information received by the United Kingdom under this Agreement 

is to be treated as "Restricted", and Information received by the United States 

under this Agreement is to be treated as "Sensitive But Unclassified", "For Official 
Use Only" or "Controlled Unclassified" unless the Party providing the Information 

requests otherwise. 

ARTICLE 9 

RETENTION AND DISPOSITION 

1. Each Party shall retain the Information received under this Agreement in an 

orderly and secure system, only for as long as is necessary, and in accordance with 

applicable domestic law. Each Party shall also operate a system of database and 

document control that provides for the orderly and secure disposition of 

Information that has been received under this Agreement when it is no longer 

needed, and in accordance with the relevant Party's domestic law. 

2. A Party shall destroy, as soon as practicable, any data received under this 

Agreement that it determines is not relevant to an intended query or that is 

otherwise erroneously provided. 

ARTICLE 10 

EXEMPTIONS 

1. If a Party determines that sharing Information under this Agreement would be 

inconsistent with its domestic laws, or detrimental to its national sovereignty, 

national security, public policy, or other important nationalinterest, 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. 

2. This Agreement is made within the context of the United Kingdom and 

United States being parties to important treaties of the United Nations on human 

rights, including the International Covenant on Civil and Political Rights done on 

16 December 1966 and the Convention against Torture; and, in the case of the UK, 

additionally the European Convention on Human Rights done on 4 November 

1950. The Parties affirm that this Agreement shall be implemented consistent with 

their obligations under those treaties and any domestic legislation implementing 

those treaties, as applicable. 

ARTICLE 11 

REQUESTS FOR ADDITIONAL INFORMATION 

If, based on access to Information provided under Article 3, a Party has reason to 

request additional data not covered by this Agreement and its implementing 

arrangements, such request shall be governed by existing laws, regulations, 

arrangements, or agreements. 
ARTICLE 12 

FINANCIAL ARRANGEMENTS 

Unless otherwise mutually agreed, each Party shall be responsible for the costs and 

expense it incurs in connection with the fulfilment of its obligations under this 

Agreement. 

ARTICLE 13 

REVIEW AND CONSULTATION 

1. The Parties shall designate points of contact and require them to consult 

regularly to promote the effective implementation and administration of this 

Agreement and to settle disputes, as necessary. 

2. The Parties shall, through their points of contact, jointly review this 

Agreement and its implementation. The first review shall take place not earlier 

than one year from the date of the entry into force of this Agreement, and not later 

than 5 years from the date of its entry into force, and as the Parties mutually decide 

thereafter. 

3. A Party shall advise the other of changes to its law, regulations, policies, 

technology, or systems that may affect the implementation or administration of this 

Agreement. 

ARTICLE 14 

SETTLEMENT OF DISPUTES 

1. 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. 

2. If the Parties cannot, through consultations, come to a mutually satisfactory 

resolution of a dispute regarding the interpretation or application of this 

Agreement, they shall resolve the dispute through diplomatic channels. 

ARTICLE 15 

MODIFICATION AND TERMINATION 

1. The Parties may amend this Agreement by mutual consent, in writing. 
2. A Party may terminate this Agreement at any time by giving notice in writing 

to the other Party. The termination is effective 90 days after receipt of such notice. 

Articles 5, 6, 7, 8 and 9 shall continue to apply to Information exchanged pursuant 

to this Agreement, even after the Agreement is terminated. 

ARTICLE 16 

ENTRY lNTO FORCE 

This Agreement shall enter into force on the date of the last note in an exchange of 

diplomatic notes in which the Parties notify each other of the completion of their 

respective internal procedures necessary for the entry into force of this Agreement. 

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

respective governments, have signed this Agreement: 

Signe'f\t .. /~.~~~.~.~.~~ .. J ... fY.."!:: ................... , this ........ J.].~: ........... day 

of .......... ~.(.\ .. \ ................... , 2013, in duplicate, in the English language. 

FOR THE GOVERNMENT OF 

THE UNITED STATES OF 

AMERICA: 

FOR THE GOVERNMENT OF 

THE UNITED KINGDOM OF 

GREAT BRITAIN AND 

NORTHERN IRELAND: