Spain has asked US installation in the Barajas Airport Adolfo Suarez (Madrid) of a border control in advance of the US Customs and Border Protection (CBP), which would control the passengers to US airports to detect suspicious terrorism. The Spanish Government has not yet replied to the request, but has passed its reservations to Washington, which claims that these agents act armed and enjoying immunity in Spanish territory, which would mean a transfer of sovereignty.
Under an agreement signed in 2009 between the then Interior Minister Alfredo Perez Rubalcaba, and the Secretary of Homeland Security Janet Napolitano, Washington has three officials at the airport of Barajas that control the documentation of embarking passengers on flights to the United States and even, as revealed by the country in planes that fly over US territory, although not calling at any of its airports. These officials may veto the presence of a passenger, considering suspect jeopardize the security of the United States, and deny them boarding. Airlines have no choice but to meet their requirements if they want to risk being denied permission to fly over or landing.
What they can not do US officials on Spanish soil is register passengers or stop a task that belongs exclusively to the Spanish security forces. The situation will change if supported, as requested, that the Security Agency and US Border Protection install a customs control at the Madrid airport. Its role is not only to check the documentation, but also the luggage hold and hand, and the body of the passenger himself. It is making the same controls, and with the same parameters, travelers upon arrival in the United States so that, in theory, passengers exceeding these controls could enter US territory or taking domestic flights are subject without need for further controls. In theory because, and this is one of the hotspots, Washington reserves the right to make additional checks on US soil.
The sticking point, however, is the claim that these agents, which are federal customs officers carry weapons and that they have immunity. That is, they would not submit to the jurisdiction of the English courts if they were involved in an incident.
This has raised the alarm about the Spanish government, which has moved its "reservations" to Washington. There is still, however, a definitive answer and the matter is under consultation of the departments of Foreign Affairs and Development. AENA (National Airports and Air Navigation), the public body that manages Barajas, alleged recipient of the proposal to the extent that would allow an increase in flights to the US, nor is enthusiastic, according to the same sources, fearing to move the shipment in Madrid the lines that now exist in the US airport customs. In fact, additional security controls already apply to flights to the United States require that passengers be presented at the gate about two hours before departure, plus apply online, at least 72 hours notice The travel authorization (ESTA).
The request to install an office in Barajas is part of Preclearence called Program (Program Pre-authorization) that the US launched in Canada in the middle of the last century and includes 15 airports in Ireland and the Caribbean, which joined Arab Emirates States in 2014. The leap will occur if the proposal prospers launched in late May by Washington to expand the program to 10 airports in nine countries, mostly European, such as Belgium, Netherlands, United Kingdom, Sweden, Norway and Spain; but also from Japan, Turkey, Dominican Republic. The choice of the airports have been based passenger traffic to the United States: together amounted to almost 20 million in 2014.
Bilateral Offer
The fact that offers have been made at the bilateral level and the talks are conducted with the utmost discretion means that there is no common position among European partners. And even though it was the Commission that the agreement negotiated with Washington to transfer the personal data of passengers embarking in European airports bound for the US.
The US request poses several problems to Spain: first, legal, as the agreement should result in an international treaty ratified by Parliament. The second national dignity, it could not accept such a deal without reciprocity clause. The pact with Canada's included, but the fact is that Canadian authorities have never exercised this right. Finally, it is to see that the agreement is attractive to companies if passengers are not subjected to secondary screening upon arrival in the United States is not guaranteed.
Although it is now risen, the initiative is not new. Washington and unsuccessfully raised after 11-S. "The truth, and Washington seems to forget," says one expert, "it is that the aircraft used by the jihadists did not take off from European airports, but Americans."
US Customs foreign terminals
Program Pre-Authorizations, with the deployment of 600 US customs agents at foreign airports, was launched in 1952. At this time includes airports Calgary, Toronto, Edmonton, Halifax, Montreal, Ottawa, Vancouver and Winnipeg in Canada; Dublin and Shannon in Ireland; Aruba, Freeport, Nassau and Bermuda, in the Caribbean; and Abu Dhabi, United Arab Emirates. By US adunas of these 15 airports in six countries, they spent 16 million passengers last year.
Last May, Washington identified another 10 airports in nine countries in which you want to install those offices for which has opened bilateral talks. It is in Brussels (Belgium), Amsterdam Schiphol (Netherlands); Oslo (Norugea) Barajas-Adolfo Suarez (Spain), Stockholm Arlanda (Sweden), Istanbul Ataturk (Turkey); London Heathrow and Manchester (UK), Narita (Japan) and Punta Cana (Dominican Republic). For those airports spent almost 20 million passengers traveling to the US in 2014.
Madrid and Washington have an agreement since 2009 that allows three US officials review documentation of passengers taking flights to overfly US territory, or that estadounidense- from Barajas Airport and deny them boarding, but not record them. In addition, under an agreement with the EU in 2011, the personal data of passengers flying to the US are transferred to that country.
Under an agreement signed in 2009 between the then Interior Minister Alfredo Perez Rubalcaba, and the Secretary of Homeland Security Janet Napolitano, Washington has three officials at the airport of Barajas that control the documentation of embarking passengers on flights to the United States and even, as revealed by the country in planes that fly over US territory, although not calling at any of its airports. These officials may veto the presence of a passenger, considering suspect jeopardize the security of the United States, and deny them boarding. Airlines have no choice but to meet their requirements if they want to risk being denied permission to fly over or landing.
What they can not do US officials on Spanish soil is register passengers or stop a task that belongs exclusively to the Spanish security forces. The situation will change if supported, as requested, that the Security Agency and US Border Protection install a customs control at the Madrid airport. Its role is not only to check the documentation, but also the luggage hold and hand, and the body of the passenger himself. It is making the same controls, and with the same parameters, travelers upon arrival in the United States so that, in theory, passengers exceeding these controls could enter US territory or taking domestic flights are subject without need for further controls. In theory because, and this is one of the hotspots, Washington reserves the right to make additional checks on US soil.
The sticking point, however, is the claim that these agents, which are federal customs officers carry weapons and that they have immunity. That is, they would not submit to the jurisdiction of the English courts if they were involved in an incident.
This has raised the alarm about the Spanish government, which has moved its "reservations" to Washington. There is still, however, a definitive answer and the matter is under consultation of the departments of Foreign Affairs and Development. AENA (National Airports and Air Navigation), the public body that manages Barajas, alleged recipient of the proposal to the extent that would allow an increase in flights to the US, nor is enthusiastic, according to the same sources, fearing to move the shipment in Madrid the lines that now exist in the US airport customs. In fact, additional security controls already apply to flights to the United States require that passengers be presented at the gate about two hours before departure, plus apply online, at least 72 hours notice The travel authorization (ESTA).
The request to install an office in Barajas is part of Preclearence called Program (Program Pre-authorization) that the US launched in Canada in the middle of the last century and includes 15 airports in Ireland and the Caribbean, which joined Arab Emirates States in 2014. The leap will occur if the proposal prospers launched in late May by Washington to expand the program to 10 airports in nine countries, mostly European, such as Belgium, Netherlands, United Kingdom, Sweden, Norway and Spain; but also from Japan, Turkey, Dominican Republic. The choice of the airports have been based passenger traffic to the United States: together amounted to almost 20 million in 2014.
Bilateral Offer
The fact that offers have been made at the bilateral level and the talks are conducted with the utmost discretion means that there is no common position among European partners. And even though it was the Commission that the agreement negotiated with Washington to transfer the personal data of passengers embarking in European airports bound for the US.
The US request poses several problems to Spain: first, legal, as the agreement should result in an international treaty ratified by Parliament. The second national dignity, it could not accept such a deal without reciprocity clause. The pact with Canada's included, but the fact is that Canadian authorities have never exercised this right. Finally, it is to see that the agreement is attractive to companies if passengers are not subjected to secondary screening upon arrival in the United States is not guaranteed.
Although it is now risen, the initiative is not new. Washington and unsuccessfully raised after 11-S. "The truth, and Washington seems to forget," says one expert, "it is that the aircraft used by the jihadists did not take off from European airports, but Americans."
US Customs foreign terminals
Program Pre-Authorizations, with the deployment of 600 US customs agents at foreign airports, was launched in 1952. At this time includes airports Calgary, Toronto, Edmonton, Halifax, Montreal, Ottawa, Vancouver and Winnipeg in Canada; Dublin and Shannon in Ireland; Aruba, Freeport, Nassau and Bermuda, in the Caribbean; and Abu Dhabi, United Arab Emirates. By US adunas of these 15 airports in six countries, they spent 16 million passengers last year.
Last May, Washington identified another 10 airports in nine countries in which you want to install those offices for which has opened bilateral talks. It is in Brussels (Belgium), Amsterdam Schiphol (Netherlands); Oslo (Norugea) Barajas-Adolfo Suarez (Spain), Stockholm Arlanda (Sweden), Istanbul Ataturk (Turkey); London Heathrow and Manchester (UK), Narita (Japan) and Punta Cana (Dominican Republic). For those airports spent almost 20 million passengers traveling to the US in 2014.
Madrid and Washington have an agreement since 2009 that allows three US officials review documentation of passengers taking flights to overfly US territory, or that estadounidense- from Barajas Airport and deny them boarding, but not record them. In addition, under an agreement with the EU in 2011, the personal data of passengers flying to the US are transferred to that country.
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