TREATIES AND OTHER INTERNATIONAL ACTS SERIES 11-1124.1 

________________________________________________________________________ 

TERRORISM 

Exchange of Screening Information 

 Agreement Between 

the UNITED STATES OF AMERICA 

and SLOVENIA 

Signed at Washington February 8, 2011 

 
 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.” 
SLOVENIA 

Terrorism: Exchange of Screening Information 

 Agreement signed at Washington February 8, 2011; 

 Entered into force November 24, 2011. 
AGREEMENT

BETWEEN

THE UNITED STATES OF AMERICA

AND

THE REPUBLIC OF SLOVENIA

FOR THE EXCHANGE OF

TERRORISM SCREENING INFORMATION

Preamble

The United States of America and the Republic of Slovenia (hereinafter

referred to collectively as "the Parties");

Baying determined that their joint efforts to prevent and address

international terrorism should include efficient cooperation in the timely

identification of individuals known or suspected to be terrorists, and

Desiring to establish appropriate procedures for access to, and exchange of,

terrorism screening information in order to strengthen the ability of the

Parties to protect against acts of terrorism,

Have reached the following agreement to guide their efficient cooperation in

the sharing and use of terrorism screening information derived from

intelligence and law enforcement information:

Article I

Definitions

For purposes of this Agreement, the following definitions shall apply:

1 . "Background information" means additional information, beyond

terrorism screening information, about known or suspected terrorists,

including data regarding circumstances of identification that are being

collected and processed in accordance with the domestic law.

2. "Correcting information" means any information that is intended to

correct a misidentification of a person as a known or suspected terrorist or

any other error in data provided under this Agreement.
3. "Need to know" means that an authorized holder of information has

concluded that a prospective recipient requires access to specific information

in order to perform or assist in a lawful and authorized governmental

function related to the purposes of this Agreement.

4. "Providing Party" means, with regard to information provided under

this Agreement, either the United States of America (the United States) or

the Republic of Slovenia (Slovenia), as the case may be.

5. "Receiving Party" means, with regard to information received under

this Agreement, either the United States or the Republic of Slovenia as the

case may be.

6. "Relevant Agency" means any law enforcement, intelligence,

diplomatic, immigration, military, public security or other governmental

agency of the respective Parties that may have officials who have access to

information provided under this Agreement or that may be asked, in the

event of an encounter as described in Article IV, to provide additional

information or take other actions to assist in accomplishing the stated

purposes of this Agreement as set forth in the Preamble. For the United

States, such "relevant agency" may include any Federal, State, local,

territorial or tribal governmental authority. For the Republic of Slovenia,

"relevant agency" includes the Ministry of the Interior — the Police with its

internal organizational units.

7. "Terrorism screening information" means identifying information

about known or suspected terrorists.

8. "Known terrorist"

a) for the United States: An individual who:

1. has been convicted of a crime of terrorism in a U.S. or foreign

court of competent jurisdiction; or

2. has been charged with or indicted for a crime of terrorism in a U.S.

or foreign court of competent jurisdiction.

b) for the Republic of Slovenia: Persons who:

1. are on the Interpol watchlist; or

2. have been convicted by judgments of courts of the Republic

Slovenia for criminal offences of terrorism.
9. "Suspected terrorist"

a) for the United States: An individual who is reasonably suspected to be

or to have been engaged in conduct constituting, in preparation for, in

aid of, or related to terrorism and terrorist activities based on an

articulable and reasonable suspicion.

b) for the Republic of Slovenia: Persons who are being investigated or

prosecuted under the rules of criminal procedure for reasonable

suspicion of preparation or commission of criminal offences of

terrorism.

Article II

Purpose

The purpose of this agreement is to exchange terrorism screening

information for the timely identification of individuals who are known or

suspected terrorists in order to provide for the protection of the population

and the essential infrastructure of both Parties.

Article III

Scope of Information Exchange

1. The Parties agree to provide each other access to terrorism screening

information in English relating to known or suspected terrorists in

accordance with the purposes and provisions of this Agreement, subject to

each Party's domestic laws and regulations.

2. Terrorism screening information provided under this Agreement shall,

at a minimum, include the individual's full name and date(s) of birth.

Passport or other identity document number(s), and current and former

nationality/citizenship also shall be provided, if known. Additional

information provided may include specific biometric data if the country

providing the information has determined such sharing to be legally

permissible.

3. No classified information, as defined by each Party in accordance with

its domestic law, shall be required to be exchanged under this Agreement.
The Parties may, through their Relevant Agencies, exchange such

information pursuant to existing authorities, agreements, or arrangements.

4. Nothing in this Agreement shall restrict either Party or its Relevant

Agencies from requesting or exchanging information or data through

existing agreements or arrangements.

Article IV

Information Exchange Procedures

1. For purposes of implementing this Agreement, the points of contact

shall be, for the United States, an official of the U.S. Terrorist Screening

Center (TSC) and for the Republic of Slovenia, an official of the Criminal

Police Directorate, International Police Cooperation Division. Each Party

shall provide the exact identity and contact information for these points of

contact and for other individuals responsible for handling encounter,

technical, and redress matters arising under this Agreement within 30 days

of the entry into force of this agreement. Each Party shall notify the other

regarding any change of points of contact in writing.

2. Each Party shall provide its terrorism screening information to the

other Party not later than 90 days after this Agreement enters into force.

Each Providing Party shall update that information on a regular basis.

3. Each Party shall make regular updates including correcting

information to its terrorism screening information pursuant to paragraph 2 of

this Article as soon as practicable.

Article V

Technical Procedures of Cooperation

1. The Ministry of the Interior and the TSC shall agree on the technical

procedures of cooperation consistent with each Party's domestic laws and

regulations and international obligations, within 90 days of entry into force

of this agreement.

2. English shall be the working language for cooperation under this

agreement, except where otherwise agreed between the Parties.

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Article VI

Use and Protection of Information

Accuracy of Information

I. Each Party shall use the most current terrorism screening information

it receives from the other Party under this Agreement to conduct terrorismrelated screening. The Receiving Party shall expeditiously update its records

(i.e., correct, modify or delete) once it receives correcting information from

the other Party or otherwise becomes aware that a correction, modification,

or deletion is needed. The Receiving Party agrees not to use or rely upon

information received under this Agreement when it has been superseded by

new information, or if this Agreement is terminated, except as provided in

paragraph 9 of this Article.

Protection from Disclosure

2. The Receiving Party shall limit access to information it receives from

the Providing Party under this Agreement solely to its personnel and

personnel of Relevant Agencies on a need-to-know basis. Unless the

Providing Party provides written consent, any disclosure of information

received under this Agreement shall be prohibited, including but not limited

to:

a) use in any legal or administrative proceeding or process, any judicial

or judicial-like process, or in any process that could result in public

disclosure;

b) disclosure to a third-party foreign government;

c) disclosure to an international organization;

d) disclosure to private parties, including the subject of terrorism

screening information; and
e) disclosure of any information regarding whether or not an individual

is the subject of terrorism screening information provided under this

Agreement.

3. Any reproduction, dissemination, or communication of any

information provided by the United States to the Republic of Slovenia under

this Agreement, other than name, date of birth, passport number, passport

country of origin, or current and former citizenship/nationality, must be

accompanied by a statement describing the use and disclosure restrictions set

forth in paragraph 2 of this Article.

4. Requests for consent to a disclosure that is otherwise prohibited under

this Agreement shall be made under the following procedures: if the

Receiving Party is interested in disclosing any terrorism screening

information provided under this Agreement, including in any legal or

administrative proceeding or process, any judicial or judicial-like process,

and/or in any process that could result in public disclosure, the Receiving

Party shall first contact the Providing Party through its point of contact,

which will endeavor to obtain permission from the Relevant Agency that

originated the information.

5. Any ambiguity or question relating to the disclosure of information

exchanged under this Agreement shall be the subject of consultations

between the Parties as described in Article IX.

Security of Information

6. Each Party shall use appropriate electronic and physical security

measures to control access to information obtained under this Agreement

and, at all times, shall store such information in a secure storage system in

accordance with its domestic law.

7. Each Party shall use its best efforts to ensure that all personnel with

access to information obtained under this Agreement are trained in the

measures required to protect the information. Each Party shall keep a record

of the individuals who are permitted access to the other Party's information

and shall report to the other Party any attempts to gain inappropriate access

to or inappropriately use or disclose information provided by the other.
8. Each Party shall keep an audit record regarding when information

obtained under this Agreement was received, how long such information

was held, and how it was used, and shall make such information available to

the Providing Party, if requested.

9. In the event that either Party terminates this Agreement, each Party

shall destroy all information obtained under this Agreement, to the extent

practicable, unless otherwise agreed in writing or unless such destruction

would be contrary to a Party's record retention requirements. Nothing in

this paragraph shall prohibit the Receiving Party or Relevant Agencies

thereof from retaining records of any encounters of individuals identified in

terrorism screening information provided by the Providing Party. Each

Party shall use the most stringent procedures that are in place for the

disposal of sensitive personal and/or national security information.

Article VII

Oversight and Monitoring

1. Each Party shall monitor its respective compliance with the provisions

of this Agreement pertaining to the protection of information and shall

communicate with the other Party, as appropriate, regarding protection and

security issues.

2. With regard to terrorism screening information provided by Slovenia

under Article II of this Agreement, the appropriate monitoring bodies or

other competent organizations established in accordance with the domestic

law of Slovenia may perform monitoring concerning the legality of

Slovenia's processing of that terrorism screening information. If in a

specific case, following a complaint by a presumptive data subject, such

monitoring by the appropriate monitoring bodies or other competent

organizations establishes that Slovenia was responsible for unlawful

processing, inaccuracies or other irregularities, the appropriate monitoring

body or other competent organizations may only inform the complainant that

the body has conducted the monitoring and that the body can neither confirm

nor deny that the complainant's information was processed in order to be

transmitted to the other Party to this Agreement. The appropriate

monitoring body or other competent organization may take any other

administrative or correcting measures in accordance with the domestic law
of Slovenia that do not interfere with the provisions of this Agreement. The

measures taken shall remain confidential for a period of 5 years; however,

any release of terrorism screening information provided by the United States

must be in accordance with Article VI, paragraphs 2 and 4.

3. The monitoring bodies may exchange information or views

concerning the implementation of their monitoring powers under this

Agreement."

Article VIII

Additional Provisions

1. A Party that encounters a potential match should, to the extent

practicable, notify the other Party through the designated contact points for

encounters. The designated contacts for encounters are expected, to the

extent practicable, to be available 24 hours a day, seven days a week. The

Parties understand, however, that such notice may not be feasible in some

limited cases.

2. All complaints related to screening shall be transmitted from one Party

to the other Party's designated point of contact, accompanied by a copy of

an identity document such as a passport or other government-issued photo

identification that contains the individual's full name, date of birth and

country of citizenship, if available, and as permitted by the domestic law of

each Party. Where appropriate, corrections shall be made to information

provided under this Agreement by the Party that provided the information.

3. The Receiving Party and its Relevant Agencies are not to disclose to

the individual or, except as provided under Article VII, paragraph 2, to any

other person or entity, whether or not an individual is the subject of

terrorism screening information obtained under this Agreement, except to

officials of the Receiving Party's Relevant Agencies on a need-to-know

basis.

4. The Receiving Party and its Relevant Agencies are free to take

whatever action is deemed legally permissible in the event of an encounter

with an individual who matches the terrorism screening information from
the Providing Party. During and following an encounter, each Party should

consider any background information provided by the other Party as well as

any requests from the Party or its Relevant Agencies to take or refrain from

taking specific action with respect to the encountered individual.

Article IX

Consultation

1. The Parties shall consult regularly through their points of contact to

promote the most effective implementation of this Agreement and to settle

disputes, as necessary.

2. Disputes that may arise relating to the interpretation, application, or

implementation of this Agreement that cannot be settled through

consultations between the points of contact shall be settled through

diplomatic channels.

Article X

Relationship to Other Arrangements

I. The terms of this Agreement shall be subject to each Party's domestic

laws and regulations and international obligations and shall not prejudice or

restrict any other agreement or arrangement between the Parties, including

agreements or arrangements related to law enforcement, exchange of

information, or counterterrorism efforts.

2. Nothing in this Agreement shall affect the obligations of the Republic

of Slovenia arising from its membership in the European Union.

3. Nothing in this Agreement shall provide a private right of action.

Article XI

Amendments of the Agreement

The Parties shall agree in writing to any amendments of this Agreement.
Article XII

Entry into Force and Termination

1. This Agreement, and any amendments thereto, shall enter into force in

30 days from the date of the last written notification by which the Parties

have notified each other through diplomatic channels that all their internal

legal requirements for its entry into force have been fulfilled. On the same

day that the aforementioned last written notification is sent, the sending

Party shall also notify the designated point of contact of the other Party that

the written notification has been sent.

2. This Agreement is concluded for an indefinite period of time. Either

Party may terminate this Agreement by written notification through

diplomatic channels. The termination shall take effect 30 days following the

receipt of such notification. All responsibilities and understandings with

respect to the use and disclosure of all information received under this

Agreement prior to the termination of this Agreement shall remain effective

after such termination.

le,bctset,r(-1 /

Done, in duplicate, at Washington, this eighth day of 2011, in the English

and Slovene languages, both texts being equally authentic.

FOR THE FOR THE

UNITED STATES OF AMERICA: REPUBLIC i SLOVENIA:

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