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TREATIES AND OTHER INTERNATIONAL ACTS SERIES 20-917.1 

LAW ENFORCEMENT 

Information Exchange 

Agreement Between the 

UNITED STATES OF AMERICA 

and BULGARIA 

Signed at Washington March 23, 2015

Entered into force September 17, 2020 
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.”
AGREEMENT 

BETWEEN 

THE GOVERNMENT OF THE UNITED STATES OF AMERICA 

AND 

THE GOVERNMENT OF THE REPUBLIC OF BULGARIA 

ON 

THE EXCHANGE OF TRAVELER INFORMATION 

Toe Government of the United States of America and the Government of the Republic of 

Bulgaria, (hereinafter collectively "the Parties"), 

Convinced of the urgent need to enhance international cooperation in jointly devising and 

adopting practical measures for the prevention of terrorism and transnational crime; 

Recognizing the benefits of extending the existing close cooperative relationship between 

the Republic of Bulgaria and the United States of America, particularly in mitigating the 

risk terrorism and serious crime present to our borders and transportation networks, 

consistent with the Agreement between the Government of the Republic of Bulgaria and 

the Government of the United States of America on Enhancing Cooperation in Preventing 

and Combating Serious Crime, signed at Sofia on October 10, 2012 and entered into 

force, with the exception of Articles 7 through 9, March 26, 2013 (hereinafter "the PCSC 

Agreement") and the Agreement .between the Government of the Republic of Bulgaria 

and the Government of the United States of America for the Exchange of Terrorism 

i Screening Information, signed at Washington March 19, 2014 and entered into force 

! March 19, 2014 (hereinafter "the HSPD-6 Agreement"); 

l Further recognizing the importance and mutual benefits of evaluating traveler 

i information as a means of combating terrorism and transnational crime; 

Desiring to enhance the security of the Republic of Bulgaria, the United States of 

America, and other affected nations; 

Having regard for the effective implementation of similar agreements and programs to 

maintain the secmity of our societies and citizens worldwide; 
r-------------------------·------·-----. 

Desiring to cooperate in the use of traveler information to facilitate secure international 

air travel; 

Seeking to benefit from the improved ability to identify the movements of known or 

suspected terrorists and other transnational criminals, detect potential threats to the 

security of their nations, and develop a better understanding of terrorist and transnational 

crime networks and activities; 

Acting consistently with the Agreement Between the United States of America and the 

European Union on the Use and Transfer of Passenger Name Records to the United 

States Department of Homeland Security, signed at Brussels on December 14, 2011 

("U.S.-EU- PNR Agreement"), with particular regard to Article 18 of that Agreement; 

and 

Seeking, within this context of intensified cooperation, to explore opportumt1es for 

further bilateral initiatives, to include cooperation in advisory, screening and facilitation 

programs related to air travel, as well as related training and exchange programs between 

the Parties, which are intended to benefit both countries; 

HEREBY agree as follows: 

ARTICLE 1 

PURPOSE AND SCOPE 

This Agreement establishes a framework between the United States and Bulgaria for the. 

Parties to utilize their respective border and terrorist screening methodologies and 

applications and data to identify specific individuals engaged in any international travel 

• who are likely to pose a risk to the other Party, therefore affording_ the Parties a greater 

opportunity to prevent, detect, investigate, and prosecute terrorism and other serious 

crime by such individuals, their associates, and/or supporters, and facilitating the 

movement oflegitimate travel between Bulgaria and the United States of America. 

ARTICLE2 

DEFINITIONS 

i "Traveler infonnation" means personal and other information relating to risk assessments 

II of international travelers, traveling on flights to or from Bulgaria or the United States, l 

including both passengers and crew. Such information shall include data derived from: 

1. Advance Passenger Information (API): specific passenger and crew biographic data 

and other flight details collected prior to departure and provided by the carrier; and ' I -------~ 
--- - ------ ---- ---------- 2. Passenger Name Records (PNR): the records created by air carriers or their authorized 

agents for each journey booked by or on behalf of any passenger and contained in 

carriers' reservation systems, departure control systems, or equivalent systems providing 

similar functionality. 

ARTICLE3 

COMPETENT AUTHORITIES 

The competent authorities responsible for the implementation of this Agreement shall be 

as follows: 

(1) For the Republic of Bulgaria: 

a. The Ministry of Interior (Mol); and 

b. The State Agency for National Security (SANS), particularly with regard to the 

functions of a National Passenger Information Unit and the National Counterterrorism 

Center. 

(2) For the United States of America: 

The United States Department of Homeland Security (DHS), through U.S. Customs and 

Border Protection (CBP). 

ARTICLE4 

PRINCIPLES OF COOPERATION 

, ( 1) The Government of the Republic of_ Bulgaria, through its competent authorities 

under Article 3, subject to the availability of funds and as appropriate and. as authorized 

by law, shall: 

a. Take all necessary steps to require that commercial air carriers provide traveler 

' information in real time to the Government of the Republic of Bulgaria, directly or 

through the carriers' service providers; 

b. Review all traveler information which it receives from commercial air carriers to 

achieve the purpose described in Article 1 of this Agreement, in addition to other 

appropriate domestic purposes; 

c. In accordance with, and to the extent authorized by applicable laws and policies, 

provide real time notification to.the Government of the United States ofAmerica, through 

its competent authorities under Article 3 of this Agreement, of high-risk travelers, based 

lL_ ____________ _ 
1 

- - - - - -----·--- on mutually identified parameters, and any identified matches to mutually developed lists 

of high risk travelers; and 

d. Handle terrorism screening information in accordance with the HSPD-6 Agreement. 

(2) The Government of the United States of America, through its competent authorities 

under Article 3 of this Agreement, subject to the availability of funds and as appropriate 

and as authorized by law and consistent with policy, shall: 

a. Share best practices with the Government of the Republic of Bulgaria, through its 

competent authorities under Article 3 of this Agreement, in connection with the 

development of the technical means to review the traveler information as described in 

Article 4( 1) of this Agreement; 

b. Review all traveler information received pursuant to this Agreement; 

c. Notify the Government of the Republic of Bulgaria, through its competent authorities 

under Article 3 of this Agreement and through appropriate channels, of identified 

matches to mutually developed lists or risk scenarios of high-risk travelers, and/or other 

mutually identified parameters provided by the authorities under Article 3 of this 

Agreement; 

d. In accordance with and to the extent authorized by applicable laws and consistent with 

applicable policies, provide as appropriate to the Government of the Republic of 

Bulgaria, through its competent authorities under Article 3 of this Agreement and/or to its 

designees, the results of DHS reviews of such traveler information, which relate to the 

following purposes: 

i. Contributing to the identification of previously unknown terrorists or serious 

criminals, or the disruption of acts of terrorism or serious crime; 

ii. Detection or tracking of terrorist and transnational criminal networks or 

activities; 

iii. Identification of other persons who may pose a threat to the security of the 

Republic of Bulgaria and/or the United States of America and their respective citizens; 

and 

1v. Other purposes consistent with this Agreement, as mutually agreed by the 

Parties. 

(3) Both Parties shall: 

,.·--•-------- -- --·--------- ----- - ----- -
,---------------~-----~>------------., 

a. Collect, maintain, use, artd disseminate information received pursuant to this 

Agreement in compliance with applicable laws, international agreements, and their 

respective policies, including those relating to protection of privacy, civil rights, and civil 

liberties; 

b. Handle any information exchanged under this Agreement in accordance with the PCSC 

Agreement; 

c. Use, handle, protect, store and delete any PNR data exchanged under this Agreement in 

accordance with the U.S.-EU. PNR Agreement, or any related subsequent agreement; 

d. Afford at least the same degree of confidentiality to the information received pursuant 

to this Agreement, as each Party applies to similar information in its custody; 

e. Cooperate to_ define mutually acceptable risk thresholds for determining when traveler 

infonnation or other data about an identified individual shall be exchanged; 

f. Limit the collection, use, disclosure, and retention of personally identifiable 

information or data exchanged between the Parties to that which is necessary for the 

purposes as set forth in this Agreement. Personally identifiable infonnation shall be 

protected by administrative, technical and physical safeguards appropriate to the 

sensitivity of the information. Personally identifiable information shall only be disclosed 

to authorized individuals with a need to know and only for uses that are consistent with 

' the stated purposes under this Agreement and for which the information was originally 

collected; and 

g. Notify each other in a timely manner of any data errors that are discovered with respect 

· to information exchanged under this Agreement. 

ARTICLE 5 

PRINCIPLES OF COLLABORATION AND IMPLEMENTATION 

To support the implementation of this Agreement, the Parties, through their competent 

authorities under Article 3 of this Agreement, shall discuss and mutually develop 

additional specific steps (Standard Operating Procedures) detailing, inter alia, methods 

, of cooperation; information technology requirements; staffing and training needs and 

requirements; procedures for mutual assessment of the results of the review referred to in 

Article 4 of this Agreement, and appropriate privacy and other protections for their 

respective handling of traveler information and/or other information exchanged pursuant 

to this Agreement. A separate Interconnection Security Agreement shall be signed by the 

Parties before any infonnation may be electronically exchanged under this Agreement via 

system-to-system connectivity. 

-------------------.,.------------·-----
ARTICLE 6 

RESPONSIBILITIES 

(1) Subject to the availability of funds and as appropriate and as authorized by law, 

the Republic of Bulgaria shall provide or fund, as appropriate: 

a. Computer hardware and software located in the Republic of Bulgaria for purposes of 

carrying out this Agreement; 

b. Data transmission circuits from appropriate Republic of Bulgaria authorities; 

c. MoI and SANS personnel to work with DHS personnel assigned to this program 

pursuant to this Agreement; 

d. The salaries and travel costs of MoI and SANS personnel during trammg and 

subsequent assignment to carry out activities under this Agreement to be covered by the 

respective Bulgarian authority. 

(2) Subject to the availability of funds and as authorized by law, the Government of 

the United States of America shall provide or fund, as appropriate: 

a. DHS personnel to work with MoI and SANS personnel assigned to this program to 

assist in implementing the terms of this Agreement; 

b. The salaries, transfer, and travel costs of DHS personnel during training and 

subsequent assignment to carry out activities under this Agreement; 

c. Computer software tools to be specially licensed by DHS/CBP for the storing and 

analysis of data gathered to implement this Agreement, to be located in the Republic of 

Bulgaria; 

d. Data transmission costs between the Republic of Bulgaria and the United States 

pursuant to this Agreement, including hardware and transmission fees. 

(3) For the purpose of this Agreement, any import duties, value-added taxes (VAT), fees 

or other similar public receivables that are assessed by the Republic of Bulgaria against 

property imported by the United States in connection with this Agreement, shall be paid 

by the respective Bulgarian beneficiaries. Any such receivables shall not be assessed 

against the United States or paid from United States foreign assistance funds. 
ARTICLE7 

CONSULTATION AND DISPUTE RESOLUTION 

(1) The Parties, through their competent authorities under Article 3 of this Agreement, 

shall consult on the effectiveness of the program and conduct a joint evaluation at the end 

of six months from the effective date of this Agreement and thereafter at such interval as 

agreed to by the Parties. 

(2) The Parties shall resolve any issues regarding the interpretation or application of this 

Agreement by consultation between the Parties, and shall not refer any such issue to any 

international tribunal or third party for settlement. 

ARTICLES 

EFFECTIVE DATE AND DISCONTINUANCE 

( 1) This Agreement shall be provisionally applied upon signature and shall enter into 

force upon the date of the last note in an exchange of notes between the Parties indicating 

the completion of their internal procedures necessary for entry into force of this 

Agreement. 

(2) This Agreement may be amended upon ,vritten agreement of the Parties. 

(3) Either Party may terminate this Agreement by providing ninety (90) days advance 

written notification to the other Party. 

ARTICLE9 

INTERPRETATION 

Nothing in this Agreement is intended to derogate from or amend the laws of the 

Republic of Bulgaria or the United States of America or any international obligation to 

which either Party is bound. 

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English language. 

FOR THE GOVERNMENT OF THE FOR THE GOVERNMENT OF THE 

UNITED STATES OF AMERICA: REPUBLIC OF BULGARIA: 

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