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 Biometric 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;

Noting 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;

Noting the need to supplement, but not to limit the scope of, existing information sharing arrangements, including the Statement of Mutual Understanding on Information Sharing among the Department of Citizenship and Immigration Canada and the U.S. Immigration and Naturalization Service and the U.S. Department of State, signed February 19 and 27, 2003 (the “Statement of Mutual Understanding”) and the Annex Regarding the Sharing of Information on Asylum and Refugee Status Claims to the Statement of Mutual Understanding on Information Sharing between the Department of Citizenship and Immigration Canada (CIC) and the Bureau of Citizenship and Immigration Services (BCIS), of the U.S. Department of Homeland Security (DHS), signed August 15 and 22, 2003 (the “Asylum Annex”);

Considering the Implementing Arrangement between the Department of Citizenship and Immigration of Canada and the Canada Border Services Agency, on the one side, Department of State and the Department of Homeland Security of the United States of America, on the other side, Concerning Biometric Visa and Immigration Information Sharing, signed at Ottawa and Washington April 23, April 30, and May 1, 2015, as modified (the “2021 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 in this Implementing Arrangement;
   2. “Requesting Participant” means the Participant in this Implementing Arrangement that has initiated the primary Query; and
   3. “Providing Participant” means the Participant in this Implementing Arrangement that receives the primary Query from the Requesting Participant.

Purpose

2. Consistent with Article 2 of the Agreement and with their respective domestic laws and policies, the Participants intend to exchange Information to assist in the effective administration and enforcement of the immigration laws of their respective countries.
3. Pursuant to Article 3 of the Agreement, this Implementing Arrangement is intended to govern the initiation of a direct, electronic fingerprint Query of the Providing Participant’s applicable fingerprint database or databases and, on the basis of a fingerprint match, the exchange and use of relevant Information.

Scope and process for the exchange of information

4. For the purpose of clarity, the Participants understand that:
   1. If a Participant determines exchanging Information 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 Information, or offer to provide all or part of the Information subject to terms and conditions as it may specify. The United States’ Participants may, in particular, decline to provide Information regarding applicants for or beneficiaries of applications, including for T or U non-immigrant status, or Violence Against Women Act relief.
   2. Regarding Refugee Status Claimants, the Participants intend to adhere to the privacy protections of, and to use the mechanism described in, this Implementing Arrangement for the sharing of data pursuant to and within the scope of the Asylum Annex.
5. After completing the exchange of Information articulated in paragraphs 9 through 12 of this Implementing Arrangement, a Participant may request additional information about the subject of the match pursuant to the Statement of Mutual Understanding.

Sending queries:

6. 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 their eligibility to remain in the territory of the Requesting Participant’s country, or any other matter consistent with Article 2 of the Agreement.
7. The Participants do not intend to send Queries relating to persons identified to be, on the basis of data such as application responses, identity documentation, or the nature of the application or investigation, a citizen of Canada, or a citizen or national of the United States of America.
8. The Participants intend to mutually establish the estimated maximum annual volume of Queries that may be initiated under this Implementing Arrangement. This estimated maximum may be adjusted at any time by mutual decision.
9. The Participants intend that a Query include the following Information:
   1. Relevant fingerprints;
   2. A unique reference number for each set of fingerprints; and
   3. The case type of the Query. In no circumstance should the case type disclose an individual’s identity or protected status, including for the United States of America under the Violence Against Women Act.

Responding to queries:

10. Subject to paragraph 4 of this Implementing Arrangement, the Participants intend to respond to a Query when either: 
    1. A fingerprint match is established; and
    2. The match is believed to be a National of a Third Country; and
    3. Information associated with the fingerprint record may reveal details relevant to assisting in the effective administration and enforcement of the immigration law of the other Participant’s country, consistent with the Agreement and the Participants’ respective domestic law; or
    4. To communicate with the Requesting Participant that no fingerprint match has been established.
11. Where the requirements of paragraph 10 of this Implementing Arrangement have been met, the Participants intend to send, in response to a Query, the data elements, where available and if applicable, that are enumerated in Annex A to this Implementing Arrangement.

Reciprocal Queries:

12. Following the receipt of a match response with the available data elements enumerated in Annex A of this Implementing Arrangement, and subject to paragraph 4 of this Implementing Arrangement, the Providing Participant may request that the Requesting Participant provide the data elements, where available and if applicable, that are enumerated in Annex B to this Implementing Arrangement for the individual who was the subject of the initial Query.

Points of Contact

13. The Participants’ Points of Contact for the application and administration of this Implementing Arrangement are:
    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.
14. A Participant may change its Points of Contact through written notification to the other Participant’s Points of Contact.

Privacy Safeguards

15. The Participants intend to collect, use, and disclose any Information shared pursuant to this Implementing Arrangement in a manner consistent with the Agreement, the domestic laws and policies 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 of America on May 30, 2012.
16. The Participants intend to notify each other of their respective mechanisms for providing individuals access and correction opportunities, as addressed in Article 5 of the Agreement, for Information received under this Implementing Arrangement.
17. The Participants intend to protect the technical connection between their relevant systems through appropriate means, including mutually decided upon technical and physical safeguards.
18. The Participants intend to mark Information retained as having been received from the other Participant.
19. The Participants do not intend to retain, in any form, the fingerprint submitted as part of a primary Query. The Participants only intend to retain the unique reference number submitted as part of a primary Query, to be used for audit correction, performance monitoring and quality assurance purposes.
20. The Participants understand that Information obtained in response to a Query is to be retained only so long as necessary for the purpose for which the Information was requested, in accordance with the Participant’s respective applicable retention and disposition schedules, and in accordance with the laws of their respective countries.

Review and Performance Monitoring

21. For purposes of the review processes 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:
    1. The number of Queries sent and percentage of total application volume;
    2. The number and percentage of matches;
    3. The number of cases of identity discrepancies detected;
    4. The number of exchanges from which Information was provided to visa, immigration and border control decision makers before they made a decision;
    5. The number and severity of any security breaches of the information sharing system, databases, or personal information shared under this Implementing Arrangement, as well as a summary of remedial actions taken; and
    6. The number and severity of any privacy breaches of the information sharing system, databases, or personal information shared under this Implementing Arrangement as well as a summary of remedial actions taken.
22. 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 activities may include, but are not limited to, determining:
    1. Whether Information has been retained when it should have been destroyed;
    2. Whether Information exchanged under this Implementing Arrangement has been marked as having been received from the other Participant;
    3. Whether Information has been disclosed in a manner inconsistent with Article 4 of the Agreement; and
    4. The number of correction requests and whether Information has been corrected in a manner consistent with the Agreement.
23. The Participants may conduct additional performance monitoring and review of the activities carried out under this Implementing Arrangement by written mutual decision.

Material Changes

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

Costs

25. 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. This Implementing Arrangement is not intended to be interpreted to require the use of a Participant’s funds in violation of the laws of that Participant’s country.

Consultations

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

Final Provisions

27. 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.
28. Participation under this Implementing Arrangement commences upon the date of last signature. At that time, the 2021 Implementing Arrangement will be discontinued and superseded by this Implementing Arrangement.
29. The Participants may modify this Implementing Arrangement by joint decision in writing.
30. Either side may cease participation under this Implementing Arrangement and in such case is expected to give written notice to the other side. Consistent with Article 12 of the Agreement, the Participants expect that any cessation of participation in this Implementing Arrangement is intended to become effective six months after receipt of such notice. In such event, the Participants expect the provisions of paragraphs 15 to 20 of this Implementing Arrangement to continue to apply to Information shared pursuant to this Implementing Arrangement.

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