Implementing Arrangement between the Department of Citizenship and Immigration of Canada and the Canada Border Services Agency of the Government of Canada on the one side, and the Department of State and the Department of Homeland Security of the Government of the United States of America, on the other side, concerning Biographic Visa and Immigration Information Sharing

The Department of Citizenship and Immigration of Canada (CIC) and the Canada Border Services Agency (CBSA) of the Government of Canada, on the one side, and the Department of State (DOS) and the Department of Homeland Security (DHS) of the Government of the United States of America on the other side, hereinafter referred to as the “Participants”,

Regarding the Agreement between the Government of Canada and the Government of the United States of America for the Sharing of Visa and Immigration Information, done at Ottawa, December 13, 2012, as amended (“the Agreement”);

Considering that the Government of Canada and the Government of the United States of America are Parties to the Agreement, which provides in Article 3 for the development of implementing arrangements;

Considering that CIC and CBSA are the department and agency responsible for the administration and enforcement of immigration laws for Canada and DOS and DHS are the departments responsible for the administration and enforcement of immigration laws for the United States of America (United States);

Considering the Implementing Arrangement between the Department of Citizenship and Immigration of Canada and the Canada Border Services Agency, and the Department of State and the Department of Homeland Security of the United States of America concerning Biographic Visa and Immigration Information Sharing, signed at Ottawa and Washington December 2 and 5, 2013 (the 2013 Implementing Arrangement), and the need for the Participants to modify their arrangements in light of the amendment to the Agreement and other developments;

Have come to the following understanding:

Definitions

1. The Participants understand that:

1. The definitions in the Agreement are incorporated by reference within this Implementing Arrangement.
2. “Biographic Data” refers to personal information, as detailed in paragraphs 6 and 9 herein.

Purpose

2. Consistent with Article 2 of the Agreement, the Participants intend to exchange Biographic Data, consistent with the laws of their respective countries, to assist in the effective administration and enforcement of the immigration laws of their respective countries.

Scope and Process for the Exchange of Information

3. The Participants intend to send to each other Queries on persons believed to be Nationals of a Third Country who have applied for admission, a visa, travel authorization, or other immigration benefit, or who are the subjects of an investigation, to determine their admissibility, eligibility for a visa, travel authorization, or other immigration benefit, or eligibility to remain in either of the territory of their respective countries.

4. The Participants do not intend to send Queries relating to:

1. Persons identified on the basis of such data as application responses, identity documentation provided, or the nature of the application or investigation as a citizen of Canada, or a citizen or national of the United States;
2. Their respective Refugee Status Claimants at the time of application for protection; or
3. Categories of persons where such Queries are inconsistent with the laws of their respective countries, or detrimental to the national sovereignty, national security, public policy, or other important national interest of their respective countries, consistent with Article 8 of the Agreement. For the United States Participants, this includes applicants for and beneficiaries of applications under U.S. law for T or U non-immigrant status or Violence Against Women Act relief.

5. The Participants intend to mutually establish the estimated annual volume of Queries for the management of this Implementing Arrangement.

6. The Participants intend to include in each Query, where available, the following Biographic Data:

1. Last name;
2. First name;
3. Alias last name(s);
4. Alias first name(s);
5. Date of birth;
6. Country of birth;
7. Passport nationality (given nationality if passport not available);
8. Gender;
9. Travel document number; and
10. Travel document issuing authority or country.

7. Subject to paragraph 8, the Participants intend to respond to a Query only if a potential match:

1. Is believed, on the basis of data available to the Participant, to be a National of a Third Country;
2. Is identified based on mutually determined criteria that ensure a high degree of certainty in the accuracy of potential matches; and
3. Has one or both of the following:
   1. A previous decision or determination where the person failed to meet the requirements, including admissibility or eligibility requirements, of the immigration law of their respective countries; or
   2. Other derogatory data related to the person that is relevant to administering or enforcing the immigration law of their respective countries.

8. If a Participant determines that sharing Biographic Data is inconsistent with the laws of its country, or detrimental to its national sovereignty, national security, public policy, or other important national interest, the Participant may decline to provide any such Biographic Data, or offer to provide all or part of the Biographic Data subject to terms and conditions as it may specify. For the United States Participants, this includes applicants for or beneficiaries of applications under U.S. law for T or U non-immigrant status or Violence Against Women Act relief.

9. Subject to paragraphs 7 and 8, the Participants intend to send, in response to a Query, the Biographic Data, where available and if applicable, that is enumerated in Annex A to this Implementing Arrangement.

10. The Participants only intend to disclose Biographic Data received under this Implementing Arrangement to other entities of their respective governments consistent with the Agreement and in accordance with the laws of their respective countries.

Points of Contact

11. The Participants designate the following as their Points of Contact for the application and administration of this Implementing Arrangement:

1. For CIC: Director General, Integrity Policy and Programs Branch, Migration Integrity Sector;
2. For CBSA: Director General, Traveller Policy and Programs Directorate, Travellers Branch;
3. For DOS: Managing Director, Visa Services, Bureau of Consular Affairs; and
4. For DHS: Deputy Assistant Secretary, Office of International Affairs.

Privacy Safeguards

12. The Participants intend to collect, use and disclose any Biographic Data exchanged pursuant to this Implementing Arrangement in a manner consistent with the Agreement, the laws of their respective countries, and the Beyond the Border Action Plan: Statement of Privacy Principles by Canada and the United States, issued by Canada and the United States on May 30, 2012.

13. The Participants intend, to the extent specified in the laws or policies of their respective countries, to provide persons subject of Biographic Data exchanged under this Implementing Arrangement with opportunities to request access to their Biographic Data, to correct their erroneous Biographic Data, or to request to add a notation to indicate a correction was made to their Biographic Data. The Participants intend to notify each other of their respective mechanisms for providing such opportunities.

14. The Participants intend to protect the exchange of Biographic Data by mutually decided upon technical and physical safeguards.

15. The Participants intend to protect Biographic Data with appropriate administrative, technical, and physical safeguards and only disclose it to authorized individuals who have the appropriate security clearance, when required, and a need to know and only for uses that are consistent with the stated purposes of the Agreement and for which the Biographic Data was originally collected, or as otherwise required by the laws of their respective countries.

16. The Participants intend to mark Biographic Data exchanged as having been received from the other Participant.

17. The Participants understand that Biographic Data obtained as part of a Query and in response to a Query are retained only so long as necessary for the specific purpose for which the Biographic Data was provided, in accordance with the Participants’ respective applicable retention and disposition schedules, and in accordance with the laws of their respective countries.

18. The Participants intend to immediately destroy all Biographic Data obtained as part of a Query determined not to relate to the person who is the subject of the Query in accordance with Article 7 of the Agreement. This includes:

1. The providing Participant destroying the Biographic Data obtained from the requesting Participant through the Query; and
2. The requesting Participant destroying any Biographic Data received in response to a Query that is determined by the requesting Participant as not relating to the subject of the Query.

Review and Performance Monitoring

19. For purposes of the review process described in Article 10 of the Agreement, the Participants intend to review on an annual basis the volume of transactions and the outcomes and the timeliness of the responses to Queries based on mutually decided performance and management measurements, which may include, but are not limited to:

1. The number of exchanges from which Biographic Data was provided to visa, immigration and border-control decision makers before they made a decision;
2. The number and severity of any security or privacy breaches of the information sharing system, databases, or personal information exchanged under this Implementing Arrangement as well as a summary of remedial actions taken; and
3. Each Participant’s timeliness in responding to Queries.

20. The Participants intend to carry out regular quality assurance activities, including a review of applicable privacy safeguards, using a mutually decided methodology to ensure that the activities carried out under this Implementing Arrangement are consistent with the principles outlined by this Implementing Arrangement. These quality assurance activities may include, but are not limited to determining:

1. Whether Biographic Data has been retained when it should have been destroyed;
2. Whether Biographic Data exchanged under this Implementing Arrangement has been marked as having been received from the other Participant; and
3. Whether Biographic Data has been disclosed in a manner inconsistent with Article 4 of the Agreement.

Material Changes

21. The Participants intend to inform each other of any changes to the technical systems, laws, policies or international obligations that may materially affect the operation or application of this Implementing Arrangement.

Costs

22. The Participants understand that performance of this Implementing Arrangement is subject to the availability of each Participant’s funds. Each Participant intends to pay for its own costs and use its own equipment and personnel in performing its activities under this Implementing Arrangement. No provision in this Implementing Arrangement is intended to be interpreted to require the use of a Participant’s funds in violation of the laws of that Participants’ country.

Consultations

23. The Participants intend to resolve any difference in the interpretation or application of this Implementing Arrangement by mutual consultation.

Final Provisions

24. This Implementing Arrangement does not give rise to any rights or obligations under international law. Participation under this Implementing Arrangement is intended to be subject to each Participant’s domestic legal authorities as well as the Agreement.

25. Participation under this Implementing Arrangement commences upon the date of last signature. At that time, the 2013 Implementing Arrangement will be discontinued and superseded by this Implementing Arrangement.

26. The Participants may modify this Implementing Arrangement by joint decision in writing.

27. Either side may cease participation in this Implementing Arrangement and in such case is expected to give written notice to the Participants of the other side. Consistent with Article 12 of the Agreement, the Participants expect that any cessation of participation will become effective six months after receipt of such notice. In such event, the Participants expect the provisions of paragraphs 12 to 18 continue to apply to Biographic Data exchanged pursuant to this Implementing Arrangement.

Signed, in quadruplicate, in the English and French languages, each text being equally valid.

For The Government Of Canada:

For The Department Of Citizenship And Immigration Of Canada:

Place:

Date:

For The Canada Border Service Agency:

Place:

Date:

For The Government Of The United States Of America: For The Department Of State Of The United States Of America:

Place:

Date:

For The Department Of Homeland Security Of The United States Of America:

Place:

Date:

Annex A

Subject to paragraphs 7 and 8, the Participants intend to send, in response to a Query, the following Biographic Data, where available, and if applicable:

1. Last name;
2. First name;
3. Alias last name(s);
4. Alias first name(s);
5. Date of birth;
6. Alias date(s) of birth;
7. Country of birth;
8. Alias country(ies) of birth;
9. Passport nationality (given nationality if passport not available);
10. Gender;
11. Travel document number;
12. Travel document issuing authority or country;
13. Date of outcome of application, encounter or record;
14. Place of refusal;
15. Date of application, encounter or record;
16. Type of application, encounter or record;
17. Date of Entry;
18. Port of Entry;
19. Indicator of the derogatory data;
20. Date removal order enforced; and
21. Current immigration status.