On June 19, the European Commission adopted two initiatives to put a legally sound framework in place for the transfer of PNR data to the United States. One initiative would terminate the existing agreement while the other would authorize opening talks with the United States. These initiatives were the first European answers to correct the legal basis for the agreement with the U.S. that was struck down by the European Court of Justice on May 30 of this year. The Court ruled that the Article 95 EC-Treaty was not an appropriate legal basis for the transfer of PNR data which are essentially aiming to ensure public security and activities by public authorities in areas of criminal law. For more information, click here.
The Department of Homeland Security (DHS) today announced a rule proposing a pre-departure Advance Passenger Information System (APIS) requirement. This requirement will allow DHS to collect passenger information for flights and cruises bound for the United States prior to their departure from foreign ports. The advance transmission of this information will provide DHS time to identify potential threats, then coordinate with airlines and foreign law enforcement to block a suspect person from boarding or remove them before the plane leaves the ground. APIS data includes passenger information that would be found on the front of a passport, such as full name, gender and country of passport issuance.
"Our priority is to keep terrorists out of the United States by preventing them from boarding international flights," said DHS Secretary Michael Chertoff. "Receiving APIS data before a plane takes off is another layer of security that allows us to identify terrorists before they are en route to the United States. This rule will also help eliminate the inconvenience of flight diversions due to security concerns. We appreciate the airline industry's efforts in working with us to strengthen the security of air travel and fulfill this Congressional mandate."
A Notice of Proposed Rulemaking (NPRM) will be published in the Federal Register on July 13, 2006, providing two options for air carriers and one option for sea carriers to meet the pre-departure APIS transmission requirements. One of the transmission options, APIS Quick Query (currently developed for air travel), allows international air carriers to submit manifest information interactively up to 15 minutes prior to departure. The second option, APIS-60, requires the complete manifest information be submitted to CBP 60 minutes prior to departure, and will be available for air and sea carriers.
Prior to 9/11, the U.S. Customs Service, now part of U.S. Customs and Border Protection (CBP) received advance passenger information from air and sea carriers on a voluntary basis. In 2004, as part of the Intelligence Reform and Terrorism Prevention Act (IRTPA), Congress mandated that CBP establish a requirement to receive advance information on international passengers traveling by air and sea, prior to their departure.
CBP already requires the transmission of APIS data for commercial carriers arriving in or departing from the United States. The announcement of a pre-departure requirement simply changes the time within which the APIS data must be transmitted, said the DHS in a release.
CBP and the Transportation Security Administration (TSA) have worked closely with international carriers in the development of these options. Extensive discussions have been conducted between CBP and air and vessel carriers to identify best practices, ensure both carrier and CBP systems are communicating properly, and to ensure the highest level of privacy protection.
A Final Rule will be issued after a 30-day public comment period has closed and the submitted comments have been reviewed and analyzed. There is no change in the data elements or formats currently required under the APIS Final Rule published on April 7, 2005.
