TREATIES AND OTHER INTERNATIONAL ACTS SERIES 13136 

________________________________________________________________________ 

AVIATION 

Preclearance

 Agreement Between the 

UNITED STATES OF AMERICA 

and CANADA 

Signed at Toronto January 18, 2001 

 with 

Annexes 

 and 

Agreed Minute 
 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.” 
 CANADA 

 Aviation: Preclearance 

Agreement signed at Toronto January 18, 2001; 

Entered into force May 2, 2003. 

With annexes. 

And agreed minute. 
AGREEMENT

ON AIR TRANSPORT PRECLEARANCE

BETWEEN THE GOVERNMENT OF THE UNITED STATES OF AMERICA

AND

THE GOVERNMENT OF CANADA

The GOVERNMENT OF THE UNITED STATES OF AMERICA and the

GOVERNMENT OF CANADA, hereinafter "the Parties",

CONSIDERING that preclearance facilitates air travel

between the two countries and is of mutual benefit to both

Parties;

CONSIDERING that preclearance should be continued (and

established) for eligible flights at various locations in

Canada and the United States, where the facilities and

other conditions are adequate to enable the Canadian and

the United States inspection agencies to carry out their

missions, with respect to the examination and inspection of

passengers and their possessions, aircraft crew, baggage

and aircraft stores entering Canada and the United States;

COGNISANT of the reciprocal nature of this Agreement;

COMMITTED to a high standard of service and fair and

equitable treatment of air carriers and passengers;

DESIRING to build upon the Air Transport Preclearance

Agreement between the Government of Canada and the

Government of the United States signed at Ottawa, May 8,

1974, as amended, and taking into account the related

exchanges of documents between the Parties since 1995,

AGREE as follows:

Article I 

Definitions

For the purposes of this Agreement:

1. "Preclearance area" means the limited and operationally

contiguous part of an airport terminal designated by the

Host Party within which preclearance officers exercise

specified powers and authorities. It consists of an

area containing: the queuing area used exclusively for

preclearance purposes clearly demarcated in front of the

primary inspection area; Inspecting Party primary and

secondary examination areas; the departure lounges for

flights bound for the territory of the Inspecting Party;

connecting corridors and all designated conveyances for

precleared passengers used for the transportation of

passengers between sterile areas of terminals or from

the terminal to the departing aircraft (e.g. buses).

When travellers cannot board a departing aircraft by

means of a connecting corridor or designated conveyance,

the preclearance area shall also include a clearly

demarcated area leading to that aircraft for the period

of time during which boarding takes place;
2. "Host Party" means the Party from whose territory

passengers and goods destined to the territory of the

other Party are precleared;

3. "Air industry" means scheduled and charter air carriers

and airport authorities;

4. "Intransit preclearance area" means all or part of a

preclearance area that is used for intransit

preclearance;

5. "Inspecting Party" means the Party responsible to

preclear passengers and goods destined to its territory

on the territory of the other Party;

6. "Preclearance officer" means an officer designated by

the Inspecting Party to carry out preclearance;

7. "Preclearance" means the procedure of conducting in the

territory of one Party, examination and inspection

required for entry/admission into the territory of the

other Party;

8. "Goods" includes, inter alia, personal effects, wares of

any description, means of transport, animals and plants

and their products, and any document in any form, but

excludes currencies and monetary instruments;

9. "Preclearance facility" means the physical inspection

infrastructure including offices and administrative

areas, as well as equipment, required for processing

passengers and their goods;

10."Intransit preclearance" means the preclearance of

passengers and their goods coming from third countries

who do not enter formally the Host Party's territory;

11."Inspection agency" means any agency of one Party

responsible for the preclearance of passengers and their

goods in the territory of the other Party;

12."Host Party Officer" means any person authorized by the

Host. Party's law to conduct a search;

13."Law enforcement officer" means, for the Government of

Canada, Canadian peace officers who are authorized to

carry weapons and make arrests as well as members of the

Royal Canadian Mounted Police; and, for the Government

of the United States, U.S. federal, state and local law

enforcement officers;

14."Eligible flight" means a commercial flight of any size

aircraft, scheduled or passenger charter, including

ferry flights. Private aircraft flights, air taxi-type

operations and state aircraft flights are not included;

15."Post-clearance" means clearance of passengers and goods

in the territory of the Inspecting Party.

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Article II 

Preclearance Area and The Laws Applicable

1. The Host Party, before designating a preclearance

area, shall consult with the participating air industry in

order to seek their recommendations on the precise location

of preclearance and intransit preclearance areas.

2. The Host Party shall consult with the Inspecting Party

with respect to the designation of the preclearance area.

3. In view of the fact that the law of the Host Party

applies in the preclearance area and that preclearance

officers of the Inspecting Party must also administer the

Inspecting Party's laws, referred to in paragraph 6,

preclearance shall be carried out in a manner consistent

with the laws and constitutions of both Parties.

4. Only persons who are travellers en route to the

Inspecting Party's territory or any person or category of

persons designated or authorized by the Host Party in

consultation with the Inspecting Party shall enter a

preclearance area.

5. Every traveller who enters a preclearance area shall

be required to report to a preclearance officer without

delay, to report goods in his/her possession or goods that

form part of their baggage and to present these goods as

required.

6. The Inspecting Party may conduct preclearance

operations/activities at preclearance areas in the airports

of the Host Party in order to assure that persons and goods

entering the territory of the Inspecting Party conform to

its laws concerning customs, immigration, public health,

food inspection and plant and animal health as these laws

apply to preclearance to the extent they are not considered

criminal.

7. The Inspecting Party shall have the right to refuse

admission of persons and goods destined to its territory.

8. The Inspecting Party shall be authorized to administer

its civil fines and monetary penalties on travellers except

when the Host Party institutes penal proceedings with

respect to the same act or omission.

9. Goods that are required as evidence of an offence

proceeding to a resolution in a court of the Host Party, as

well as those which are required by law to be dealt with in

accordance with the Host Party law, shall be retained by

the Host Party to be dealt with in accordance with its laws

and international agreements between the Parties.

10. Nothing in this Agreement affects the rights of the

Inspecting Party to enforce its civil and criminal laws in

its own territory.

11. The Parties shall establish mutually acceptable

standard operating procedures concerning preclearance.

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12. Nothing in this Agreement affects the rights and

obligations of the parties under other international

agreements.

13. Activities under this Agreement are subject to the

availability of appropriated funds.

14. The Parties shall implement this Agreement in a nondiscriminatory and transparent manner consistent with the

provisions of this Agreement.

Article III 

Preclearance Locations

1. United States preclearance shall be continued at

airports where preclearance is conducted on the date of

entry into force of this Agreement, as indicated in Annex

IV. Other U.S. and Canadian preclearance may be

established at airports in Annex IV in accordance with the

criteria below.

2. Each Party shall take account of the following criteria

when considering establishing preclearance, including at

multi-terminal complexes:

(a) the airport authority requests preclearance;

(b) the airport authority attests that funding

(consistent with the terms of Article IX Cost of

Preclearance) is available for construction, operation

and maintenance of the preclearance facility. The

facility must be acceptable to the Inspecting Party.

The requirements of the Inspecting Party shall be in

accordance with its applicable inspection guidelines,

unless clear reasons exist for modification. Where the

Inspecting Party is the United States, the U.S.

Department of Transportation Airport Federal Inspection

Facilities Guidelines shall apply. Those facilities

used by officers of the Host Party are subject to

approval by the Host Party;

(c) the airport authority and participating airlines

agree that sufficient trans-border traffic exists to

make feasible the efficient operation of a preclearance

facility, taking into account available inspection

technologies and procedures.

3. In developing or modifying its inspection facility

requirements, the Inspecting Party shall consider the views

of the Host Country airlines and airport authorities. For

the United States, these shall be expressed through Host

Country representation on the U.S. Department of

Transportation Federal Inspection Facilitation Committee.

4. Where modifications to preclearance facilities are

essential to achieve compliance with requirements of one or

both of the Parties, the requesting Party shall consult

with the airport authority and establish a reasonable time

frame for compliance by the airport authority.

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5. Intransit preclearance shall be implemented as set out

in Annex I.

6. A decision to terminate services at an existing

location shall be a joint decision by written agreement of

the Parties based upon a sustained and substantial decrease,

in traffic and after consultation with airport authorities

and air carriers.

7. Addition of preclearance at a new location shall be by

written agreement of the Parties.

8. Preclearance at any airport shall be contingent upon:

(a) the airport authority providing the high standard

of security in the preclearance area as set forth in

Annex II for preclearance personnel of the Inspecting

Party;

(b) the airport authority 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 inspection

agencies against any intrusion or damage and to prevent

any disturbance of the peace on the premises;

(c) the airport authority ensuring that it has an

airport security program that maintains the sterility

of the preclearance area and restricts access to the

preclearance area to authorized personnel only. A

local consultative mechanism to address security

concerns within the preclearance area shall be

established at each airport with participation from the

Inspecting Party. In determining who may have access

to the preclearance area, the airport authority shall

consult regularly with the appropriate local personnel

of the Inspecting Party and give full consideration to

the views expressed;

(d) the airport authority establishing, implementing

and maintaining a plan for coordinating air carrier

requests for preclearance of flights with appropriate

personnel of the Inspecting Party at least 60 days in

advance of the requested preclearance operations in

accordance with Annex V.

9. If an airport authority fails to meet these conditions

and the Inspecting Party considers that as a result its

operations are at risk, that Party may request immediate

consultations. Failure to reach a satisfactory resolution

within 15 days may result in the Inspecting Party

suspending the operation under discussion. When justified

by an emergency, the Inspecting Party can take interim

action prior to the expiry of 15 days.

Article IV

Host Party's Obligations 

1. Where preclearance is conducted in the territory of the

Host Party, the Host Party shall permit the Inspecting

Party:

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(a) to carry out, within the preclearance area,

preclearance of travellers, their baggage, goods in

their possession or goods that form part of their

baggage destined to the territory of the Inspecting

Party;

(b) to inspect aircraft and aircraft stores destined to

the territory of the Inspecting Party;

(c) to determine the procedures under which the

inspections will be carried out and the utilisation of

human resources.

2. The Host Party shall ensure appropriate law enforcement

assistance to the Inspecting Party's preclearance officers

in accordance with this Article and Annex II.

3. Only the Host Party shall have the authority to conduct

strip (body) searches and more intrusive searches.

4. Within the preclearance area, the Host Party shall:

(a) authorize the Inspecting Party's preclearance

officers to conduct frisk searches (pat downs) of

travellers for preclearance purposes, and, in

situations of danger to human life and safety, of any

person entering the preclearance area;

(b) authorize the Inspecting Party's preclearance

officers to detain travellers or persons referred to in

subsection (a) of this paragraph for transfer to the

appropriate authorities of the Host Party;

(c) authorize the presence of a preclearance officer

from the Inspecting Party while a Host Party officer is

conducting a strip (body) search. A preclearance

officer shall not be permitted to observe a strip

(body) search being performed on a member of the

opposite sex. If no preclearance officer of the same

sex is available, the preclearance officer may

authorize any suitable person of the same sex to

observe the search;

(d) authorize the Inspecting Party's preclearance

officers who act on reasonable grounds to use as much

force as is necessary to perform their preclearance

duties under the Agreement. The preclearance officer

may not use force that is intended or is likely to

cause death or cause grievous bodily harm, unless the

officer believes on reasonable grounds that it is

necessary for self-preservation or the preservation of

anyone in the preclearance area from death or grievous

harm.

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5. (a) Within the preclearance area in Canada:

(i) a preclearance officer shall be required to

inform a traveller of his or her right to be taken

before a senior officer before performing a frisk

search (pat down), unless the officer suspects on

reasonable grounds that the person is carrying

something that would present a danger to human life or

safety. The senior officer may direct the traveller to

be searched only if that senior officer suspects on

reasonable grounds that such a search is necessary;

(ii) a preclearance officer shall perform a frisk

search (pat down) of a traveller of the opposite sex

only if the officer suspects on reasonable grounds that

the person is carrying something that would present a

danger to human life or safety. If no officer of the

same sex as that of the traveller is available, the

preclearance officer may authorize any suitable person

of the same sex as that of the traveller to perform the

search.

(b) Within the preclearance area in the United States,

and consistent with Article 11(3), a preclearance

officer shall conduct a frisk search (pat down) in

accordance with the law and regulations in force in the

United States and Canada.

6. The Host Party shall authorize preclearance officers of

the Inspecting Party to examine and, in the preclearance

area, seize, and detain goods and cause their forfeiture.

Subject to further agreement between the Parties, currency

and monetary instruments are not among goods that can be

seized or forfeited.

7. The Host Party shall retain and control goods for which

the possession, import, export or handling is prohibited

under the Host Party laws.

8. Outside a preclearance area, the Host Party shall

authorize preclearance officers:

(a) to examine an aircraft that is subject to

preclearance, including goods, currency and monetary

instruments that are in, or that are to be loaded onto,

that aircraft;

(b) after completion of the examination, to request

that a traveller or goods be sent to a preclearance

area to ensure compliance with the requirements of the

Inspecting Party;

(c) to request that a Host Party law enforcement

officer escort the traveller and their goods to the

preclearance area if a traveller refuses to return to

the preclearance area.

9. The Host Party shall provide training as necessary for

preclearance officers on its laws and regulations which

pertain to preclearance.

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Article V

Inspecting Party's Obligations and Authorities

1. On the territory of the Host Party, the Inspecting

Party shall:

(a) provide a high level of service to the travelling

public and efficient preclearance operations;

(b) provide a sufficient number of preclearance

officers, supported by technologies, to carry out with

reasonable speed and efficiency preclearance of

travellers and their goods, crew, baggage and aircraft

stores on eligible flights of carriers to which

preclearance has been extended;

(c) give consideration to using flexible practices and

operating procedures, which may improve the efficiency

of preclearance or address temporary disruptions;

(d) make best efforts to secure resources if additional

staff and other resources are required to operate

preclearance approved by both Parties;

(e) consider requests from air carriers and airports to

improve their operational efficiency through flexible

procedures that meet the controls and sterility

standards established by the Inspecting Party and are

consistent with the efficient use of preclearance

personnel and resources; and

(f) give notice 90 days in advance of reductions in

service to the appropriate airport authorities and to

the Host Party.

2. The provisions set forth in Annex V shall be applied in

determining the flights for which preclearance is

authorized by the Inspecting Party.

3. The Inspecting Party has the right:

(a) in any case where required under its law, to deny

preclearance to flights;

(b) to require post-clearance as it deems necessary of

any aircraft, passenger or passengers and their goods

on any flight that has been precleared. Any flight

that is diverted or required to be post-cleared shall

be given preferential treatment for the purposes of

post-clearance inspection;

(c) to preclear eligible flights only if passengers can

be routed through the designated preclearance area;

(d) to decline to conduct preclearance on any air

carrier until that air carrier has satisfied the

Inspecting Party that it is permitted to deny carriage

to anyone failing to submit to a preclearance

inspection and to anyone who, having submitted to such

inspection, is found ineligible by inspection agencies

to board a precleared flight; and

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(e) to deny intransit privileges to any air carrier,

which would not otherwise be authorized by its civil

aviation authorities to fly to its territory.

4. A preclearance officer may order anyone found in a

preclearance area to report to the officer or leave the

area.

5. A preclearance officer shall also have the right to

refuse to preclear travellers and their goods if the

travellers do not satisfy the preclearance officer that

they can be admitted or that their goods can be imported to

the Inspecting Party's territory.

6. At any stage of the preclearance process, the

Inspecting Party shall permit travellers to leave the

preclearance area unless the traveller is detained.

7. The Inspecting Party shall:

(a) dispose of goods, that neither Party or passenger

retains, in accordance with the procedures established

by the Host Party;

(b) detain and transfer to the Host Party without delay

any goods which the Host Party has made known

explicitly to the Inspecting Party that the import,

export, possession or handling of is illegal in the

Host Party's territory;

(c) make goods that are forfeit to the Inspecting Party

during preclearance subject to appeal procedures in the

territory of the Inspecting Party.

8. A preclearance officer may examine currency and

monetary instruments that are found in a preclearance area.

9. The Inspecting Party shall not detain the traveller

within the preclearance area for more than a reasonable

time as necessary for an appropriate Host Party Officer to

take custody of the traveller if further proceedings are

required.

10. The Inspecting Party shall not be responsible for costs

associated with travellers obtaining advice from legal

counsel.

11. In a preclearance area, the Inspecting Party shall

ensure that information provided by the Host Party, e.g.,

signage, brochures and/or other communication materials

outlining the rights and obligations of travellers, is

readily available.

Article VI 

Intransit Advance Passenger Information

1. The provision of advance passenger information under

this Agreement is required for intransit preclearance

purposes only for any person travelling by aircraft to the

Inspecting Party's territory and whose travel route

provides for arrival in the Host Party's territory in an

intransit area and shall be limited to the elements set out

in Annex III.

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2. Both Parties shall take all reasonable steps to ensure

that such data under their control shall be protected from

loss, misuse, unauthorized access, or disclosure.

3. A preclearance officer shall use advance passenger

information for intransit preclearance only for the purpose

of border security screening.

4. A preclearance officer shall destroy specified

passenger information within 24 hours after the officer

obtains it, unless the information is reasonably required

for the administration or enforcement of the laws of one or

the other Party.

5. Such information transferred by the air carriers to the

preclearance officer and retained beyond 24 hours may be

made available, upon request, to the person to whom it

pertains.

6. Advance Passenger Information System (APIS) data

elements listed in Annex III shall be transmitted, if so

required by the Inspecting Party, by the air carrier with a

minimum sufficiency rate to a preclearance officer in order

to obtain intransit preclearance for its passengers. The

non-transmission of elements of information listed in Annex

III for a particular flight that would otherwise be

normally provided, may give grounds to the Inspecting Party

to suspend the intransit preclearance process for that

flight.

7. Occasional failure to provide any particular item(s) of

Passenger Name Record information shall not be considered

grounds for denial of intransit preclearance. However,

consistent failure to provide the same element(s) of

information will subject the carrier to suspension from the

intransit preclearance program.

8. Subject to the foregoing, new participants shall be

required to provide all data elements of Annex III.

Article VII 

Role of Airport Authorities 

Where preclearance exists in the territory of a Party, that

Party shall ensure that:

(a) the airport authority permits the installation and

operation by the Inspecting Party of such communications

and other modern inspection aids as are required;

(b) the airport authority ensures that preclearance and

intransit preclearance areas will be clearly demarcated;

(c) the airport authority ensures that there will be no

public access to the area designated as "preclearance area"

by allowing only travellers destined for the Inspecting

Party's territory and authorized personnel to enter this

area;

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(d) the airport authority posts signs and makes available

information regarding the rights and obligations of

travellers in a preclearance area;

(e) the airport authorities provide adequate facilities

for the operation of intransit preclearance.

Article VIII 

Participation of Air Carriers 

1. The Inspecting Party shall permit each air carrier the

option to use preclearance or post-clearance for flights

subject to the following conditions:

(a) If an air carrier applies for preclearance, it

shall use the procedures for all of its flights on a

given route unless the Inspecting Party agrees

otherwise. For limited adjustments to seasonal

schedules in accordance with Annex V (1), the

Inspecting Party shall consider 30 days notice of

schedule changes given to the appropriate agency of the

Inspecting Party as sufficient at locations where other

routes or carriers are being precleared. The

Inspecting Party retains the discretion for further

reasonable delay before compliance in order to obtain

or reduce personnel or facilities required by the

anticipated changes in service or for shorter delay if

resources permit;

(b) An air carrier desiring to withdraw entirely from

preclearance at any location must give notice 90 days

in advance to both Parties. However, if neither Party

objects, the air carrier may withdraw sooner. To

withdraw from preclearance only in respect to one or

more eligible routes, the Inspecting Party may require

reasonable notice be given to the inspection agencies.

2. The Host Party, after having agreed to an intransit

passenger facility at any airport, shall ensure that the

airport makes available the intransit process to all

carriers that have agreed to participate in the program.

3. Passenger charter flights shall not be eligible for

intransit preclearance except with respect to those

passenger charter flights that are engaged in commercial

passenger traffic in the territory of the Host Party (i.e.

those making more than a technical stop).

4. Cargo services shall not be eligible under this

Agreement.

5. A Party shall notify the other Party as to whether it

requires, for intransit preclearance purposes, advance

passenger information from air carriers. If the Inspecting

Party requires such information, the Host Party shall take

such steps as are necessary so that air carriers are

authorized to send advance passenger information as

specified in Annex III.

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Article IX

Cost of Preclearance

1. The cost of preclearance services shall be allocated in

accordance with the following principles:

(a) Neither Party shall be responsible for additional

cost attributable to preclearance facilities;

(b) The Inspecting Party shall be responsible for

normal cost of its inspection personnel and may charge

appropriate inspection user fees.

2. For user fee purposes, third country passengers in

transit to the Inspecting Party territory shall be treated

as having arrived from the country of the last port of

embarkation. They shall therefore be subject to user fees

normally applied by the Inspecting Party for the services

in the territory of the Inspecting Party.

Article X

Authorities and Protection of Preclearance Officers

1. A preclearance officer shall enjoy immunity from the

civil and administrative jurisdiction of the Host Party

with respect to acts performed or omitted to be performed

in the course of his/her official duties.

2. The Host Party may request the removal of a

preclearance officer who abuses his/her official position.

3. It shall be a defence to criminal actions brought

against a preclearance officer that his/her actions were

authorized by this agreement, based upon reasonable grounds

and, where applicable, executed with reasonable force.

4. A civil action in respect of anything that is, or is

purported to be, done or omitted to be done within the

scope of his/her duties by a preclearance officer may be

brought against the United States to the extent the United

States is not immune under the State Immunity Act.

Defences available under Canadian or provincial law,

including procedural and substantive defences, remain

available to the United States.

5. A civil action in respect of anything that is, or is

purported to be, done or omitted to be done within the

scope of his/her duties by a preclearance officer may be

brought against Canada to the extent Canada is not immune

under the Foreign Sovereign Immunities Act. Defences

available under U.S. federal and state law, including

procedural and substantive defences, remain available to

Canada.

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Article XI 

Benefits to Preclearance Officers 

1. Each Party shall provide to the preclearance officers

of the other Party at airports in the Host Party territory

an employment authorization exclusively for preclearance

officers to assist in identifying them as agents of the

Inspecting Party and an identification card to preclearance

officers and accompanying family dependents. Bearers of

this documentation shall be distinguished as employees of

the Inspecting Party assigned to duty in the Host Party

territory under the terms of this Agreement.

2. Bearer(s) of this documentation in paragraph 1 above,

for the duration of their assignment in the Host Party

territory, shall be granted tax-free and duty-free benefits

with respect to the payment of federal excise duties and

taxes, and customs duties on goods for personal

consumption, in reasonable quantities brought into the Host

Party territory.

3. Family dependents of preclearance officers shall be

exempted from employment and education authorization fees.

Article XII 

Consultations

1. Local airport mechanisms shall be used to address local

issues. Issues which cannot be resolved at the local level

shall be referred to the Preclearance Consultative Group.

2. The Parties shall establish a Preclearance Consultative

Group consisting of representatives of the federal

governments of both Parties. The Preclearance Consultative

Group shall meet on a regular basis, at least annually, to

review any issues related to this Agreement.

(a) The Preclearance Consultative Group shall conduct

a joint review of the intransit preclearance program

six months after the entry into force of this

Agreement and at least every two years thereafter.

This joint review may consider, among other issues,

concrete options for addressing the challenges of

accommodation, security and sterility, and any

problems in implementing the Agreement;

(b) Other interested groups, including the air

industry, may attend portions of the Preclearance

Consultative Group meetings by consensus of the

Parties;

(c) The Preclearance Consultative Group shall commence

consultations within 30 days of the receipt of the

request unless otherwise agreed between the members;

(d) Where the Preclearance Consultative Group fails to

resolve a matter within 30 days from commencement of

consultations unless otherwise agreed between the

Parties, the affected Party may request a meeting of

the Parties.

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3. At any time, either Party may request consultations

regarding any portion of this Agreement. Such requests may

include but not be limited to changes in domestic law or

any other matter a Party considers will affect the

interpretation, application or implementation of this

Agreement.

(a) On matters which the requesting Party states to be

urgent, such consultations between the Parties shall

commence within 15 days of the date of the request, or

in accordance with Article III paragraph 9, or as

agreed between the Parties;

(b) Consultations on other issues shall commence

within 30 days of the request unless otherwise agreed

between the Parties.

4. The Parties agree that if a court or tribunal should

order that any preclearance activity or operation be

contrary to the laws or Constitution of either Party, the

Parties shall consult on how to proceed.

5. Both parties agree to exchange appropriate statistical

information including that which can be used as part of the

joint review process.

6. As appropriate, either Party may engage the services of

an independent contractor to conduct surveys regarding

preclearance in the departure lounge. The result of the

survey will be provided to both Parties.

Article XIII 

Entry into Force 

1. This Agreement shall enter into force upon an exchange

of notes following the completion of all necessary internal

procedures of the Parties. The Annexes constitute an

integral part of this Agreement.

2. This Agreement and its Annexes may be amended by

written agreement of the Parties. Upon entry into force,

this Agreement shall supersede the Agreement between the

Government of the United States of America and the

Government of Canada on Air Transport Preclearance, signed

at Ottawa, May 8, 1974, as amended.

3. This Agreement shall continue in force unless

terminated by either Party giving one year's notice in

writing to the other Party.

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IN WITNESS WHEREOF, the undersigned, duly authorized by

their respective Governments, have signed this Agreement.

DONE in two originals at Toronto , this 18th day 

of

January, 2001, in the English and French languages, all

texts being equally authentic.

FOR THE GOVERNMENT OF THE

UNITED STATES of AMERICA:

FOR THE GOVERNMENT of CANADA:

15
Annex I 

Intransit Preclearance Program

1. U.S. intransit preclearance operations shall:

(a) be implemented in Vancouver, Toronto, Terminals 2

and 3, and in Montreal's Dorval Airport;

(b) be implemented at Calgary Airport on or after

January 1, 2001 upon notification by the airport

authorities that the facilities are ready for

implementation of intransit preclearance.

2. Other Canadian airports with current U.S. preclearance

programs (e.g. Edmonton, Winnipeg and Ottawa) subsequently

shall be eligible for intransit preclearance. If the U.S.

Inspection agencies and the local airport authorities find

that the commitment of additional staff and other resources

needed to open new intransit preclearance facilities at

these airports is disproportionate to expected traffic

volumes, they shall make a recommendation to both Parties

who shall decide how to proceed.

3. Sympathetic consideration will be given to other

requests for intransit preclearance services from U.S. and

Canadian airports, if they obtain preclearance.

16
Annex II 

Security Arrangements

1. Both Parties agree that at any preclearance site it is

essential, for the security of their personnel and the

preclearance operations, to have a high standard of

security including the presence of armed law enforcement

officers during hours of operation. In the case of

preclearance facilities located on Canada's territory, the

following provisions shall apply:

(a) Canada shall ensure a high standard of security

for U.S. preclearance personnel, including the

continuous presence of armed Canadian law enforcement

officers during hours of operation at U.S.

preclearance facilities processing over one million

passengers per year. The continuous Canadian armed

law enforcement presence standard shall apply to U.S.

preclearance facilities at Vancouver and Montreal and

the terminals at Toronto. Future airports to benefit

from preclearance shall meet the above standard unless

both Parties mutually agree on a different standard.

(b) In regard to smaller Canadian airports, the United

States agrees to accept a more flexible standard

requiring both a timely armed response and recurring

armed patrols during non peak hours. Specifically, for

Canadian airports/terminals where U.S. Preclearance

facilities process less than one million passengers per

year, upon entry into force of the Preclearance Act,

Canada shall ensure a standard which includes the

continuous armed presence only during peak hours, as

determined jointly by the U.S. Inspection agencies and

the airport authorities. During non peak hours the

standard shall include:

(i) armed law enforcement patrols through the

preclearance area every 15-30 minutes; and

(ii) an armed response time less than three

minutes to emergency calls from the U.S.

Inspection agencies. If there is any dispute

about what constitutes an emergency, the U.S.

Inspection agencies and the airport authorities

shall consult to resolve this promptly. It is

understood that the responsible armed law

enforcement officer will be stationed at the

airport.

(c) In the case of Edmonton and Winnipeg Airports, a

continuous armed presence shall be provided for a

single daily peak period not exceeding 3% hours. It

is understood that at these airports current peak

hours do not exceed 3% consecutive hours. If there

are significant changes to these peak hours, the U.S.

Inspection agencies and the airport authorities shall

consult.

17
(d) In the case of Ottawa Airport, a continuous armed

presence shall be provided for a single daily peak

period not exceeding 3% hours. At other peak times at

Ottawa, armed law enforcement patrols shall be

conducted through the preclearance area every 10-15

minutes. If there are significant changes to these

peak hours, the U.S. Inspection agencies and the

airport authorities shall consult.

(e) The Canadian armed law enforcement presence may be

met by co-location of Canadian armed law enforcement

officers within preclearance areas if:

(i) the co-located officers are responsible for

responding to emergency calls from preclearance

personnel;

(ii) an armed officer is present in the office or

the preclearance area during all preclearance

facility hours of operation, except possibly

during emergencies;

(iii) the armed officer has a clear view of the

preclearance area from his/her office; and

(iv) an armed officer makes frequent patrols

(every 15-30 minutes) through the preclearance

area.

2. In the case of preclearance facilities located on the

United States' territory, the United States shall ensure a

high standard of security for Canadian preclearance

personnel, including the presence of armed U.S. law

enforcement officers during hours of operation at these

preclearance facilities. The specific provisions applicable

for each location shall be determined after consultations

prior to the establishment of a preclearance facility but

shall not in any way be less than those stipulated above.

18
Annex III 

Intransit Advance Passenger Information

Both Parties agree that intransit advance passenger

information will be limited to the following data elements:

Advance Passenger Information System (APIS) DATA:

Passenger's name

Date of birth

Citizenship/nationality/document-issuing country

Gender

Passport number/document number

Passenger Name Record (PNR) DATA:

Reservation date

Go show (no reservation)

Travel Agency/Agent

Date of issue of ticket

Exchange ticket

Ticketing time/Pre-departure

Ticket number

One-way tickets

Open ticket

Originating city/country

Itinerary cities

Carrier (latest segment)

Carrier (all segments)

Flight number

Destination

Date of travel

Seat assignment

Number of checked bags

Baggage tag number

Class of service

Seating preference

Record locator number

Phone numbers

Addresses

Form of payment

Paid by another

Gaps in itinerary

Routing information

Electronic ticket information

19
Annex IV

Preclearance Locations

1. Those airports at which preclearance exists are

indicated by an asterisk. Either Party will give early

consideration for preclearance at additional airports listed

below or any other airports in accordance with the standards

established in Article III.

2. In the United States:

Boston Los Angeles

Chicago Miami

Cleveland Newark

Dallas/Ft. Worth New York

Denver San Francisco

Honolulu Tampa

Houston

3. In Canada:

Calgary* Quebec

Edmonton* Toronto*

Halifax Vancouver*

London Victoria

Montreal* Winnipeg*

Ottawa*

20
Annex V

Coordination of Preclearance Services

Recognizing the intent of the Air Transport Agreement

between the Government of the United States of America and

the Government of Canada signed at Ottawa, February 24, 1995

to promote a thriving aviation market between the two

countries, to enhance access to the Parties' respective

cities and to promote transborder air services to the

fullest extent possible;

Recognizing the development of the transborder market since

the signing of that Agreement;

Recognizing that the Inspecting Party's inspection agencies

face resource constraints that may affect their ability to

meet all carrier requests for additional preclearance

services;

The Parties agree that:

1. Consistent with Article III (8)(d), for preclearance

purposes, airport authorities and air carriers shall

coordinate with the Inspecting Party with respect to air

carriers' proposed seasonal schedules and new flights, no

less than 60 days in advance of their implementation. For

subsequent limited adjustments to seasonal schedules,

Article VIII (1)(a) shall apply.

2. The Inspecting Party shall endeavor to accommodate all

requests for preclearance when such requests are made in the

timeframes specified in paragraph (1) above and shall work

with airport authorities and air carriers to accommodate new

flights and changes in flight schedules.

3. Any request for preclearance not resolved at the local

level shall be referred to the Preclearance Consultative

Group.

4. The Inspecting Party shall have the right to determine

on a case by case basis whether to provide preclearance to

any irregular and ad hoc flights during mutually agreed upon

normal hours of operation when there has been insufficient

coordination with the Inspecting Party's inspection

agencies.

5. The Inspecting Party shall have the right to determine

on a case by case basis whether to provide preclearance to

flights outside mutually agreed upon normal hours of

operation.

21
Dated:

For the Government the

United States of America

Dated: 

Janu a ry

For the Government of Canada

AGREED MINUTE

CONCERNING

THE AGREEMENT ON AIR TRANSPORT PRECLEARANCE

Recognizing that, in order to receive intransit preclearance, air

carriers must meet the requirements of paragraphs (6) and (7) of

Article VI, and provide all elements of data listed in Annex III, and

that air carriers will use their best efforts to meet these

requirements,

It is understood that APIS data is required for every flight. The

non-transmission of APIS elements at the required sufficiency rate

may result in a local operational decision by a supervisory

preclearance officer to require that passengers from that particular

flight report to the Host Party's inspection agencies upon arrival.

The United States and Canada understand that air carriers may

initially face technical problems that keep them from consistently

providing all of the required elements of PNR information. The

Inspecting Party will be flexible in providing air carriers a

reasonable period of time to develop solutions to these technical

problems so that they can comply with these requirements. The

occasional failure to provide particular items of PNR information

will not be grounds for denial of intransit preclearance. The

Inspecting Party shall not suspend an air carrier from the intransit

preclearance program due to a failure to consistently provide the

same elements of such information without formal thirty, days notice

to the carrier and the Host Party. If requested, the Inspecting

Party will engage in consultations during this thirty-day period. An

air carrier taking acceptable remedial action during this thirty-day

period will not be suspended from the program. If suspended, an air

carrier will not be reinstated in the program until it satisfies the

Inspecting Party that it can comply with the requirements.