shutterstock_62030287U.S. Department of Homeland Security (DHS) announced its intent to expand air preclearance operations to 10 new foreign airports, located in nine countries, as part of the agency’s efforts to improve national security and to enhance economic opportunities.  Secretary of Homeland Security Jeh Johnson called for the creation of these additional preclearance facilities, saying: “I want to take every opportunity we have to push our homeland security out beyond our borders so that we are not defending the homeland from the one-yard line. Preclearance is a win-win for the traveling public. It provides aviation and homeland security, and it reduces wait times upon arrival at the busiest U.S. airports.”  The 10 airports being considered are: (1) Brussels Airport, Belgium; (2) Punta Cana Airport, Dominican Republic; (3) Narita International Airport, Japan; (4) Amsterdam Airport Schipol, Netherlands; (5) Oslo Airport, Norway; (6) Madrid-Barajas Airport, Spain; (7) Stockholm Arlanda Airport, Sweden; (8) Istanbul Ataturk Airport, Turkey; and (9) London Heathrow Airport and (10) Manchester Airport, United Kingdom. 

Negotiations will now take place between the United States and the governments of the host countries to finalize air preclearance agreements and to create new preclearance facilities for U.S. Customs and Border Protection (CBP).  In 2014, CBP cleared about 16 million travelers through the existing 15 preclearance locations, and it expects to clear approximately 20 million travelers through the additional 10 preclearance locations, over double the existing volume of travelers.

The preclearance inspection process allows CBP to inspect an individual in the exact same manner as it would at a U.S. port of entry before an individual boards a plane to the United States, thereby reducing security threats on U.S. soil and avoiding the cost of sending an individual back to their home country.  Travelers who are processed through preclearance are treated like domestic travelers upon arrival and do not need to undergo customs and agriculture inspections (CBP still has the right to inspect goods).  Furthermore, travelers who require U.S. visas to gain admission to the United States must still apply for a visa stamp at a U.S. Consulate abroad.  Finally, travelers must hold an airline ticket for the United States to be inspected by CBP at a preclearance locations.

At present, CBP has 15 preclearance locations in six countries:  (1) Dublin and (2) Shannon in Ireland; (3) Aruba; (4) Freeport and (5) Nassau in The Bahamas; (6) Bermuda; (7) Calgary, (8) Toronto, (9) Edmonton, (10) Halifax, (11) Montreal, (12) Ottawa, (13) Vancouver, and (14) Winnipeg in Canada; and (15) Abu Dhabi, United Arab Emirates.

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Photo of Ian Macdonald Ian Macdonald

Ian R. Macdonald Co-Chairs the firm’s Labor & Employment Practice’s International Employment, Immigration & Workforce Strategies group. He focuses his practice on developing, assessing and managing global mobility programs for multinational companies on a range of challenges affecting the movement of people capital

Ian R. Macdonald Co-Chairs the firm’s Labor & Employment Practice’s International Employment, Immigration & Workforce Strategies group. He focuses his practice on developing, assessing and managing global mobility programs for multinational companies on a range of challenges affecting the movement of people capital domestically and internationally, including secondment agreements, benefits transferability, local host country employment concerns and immigration.

Ian and his team work closely with companies to manage and modify, where needed, corporate immigration programs to maximize efficiency, service and regulatory compliance levels. He is experienced with the full range of business immigration sponsorship categories (visas and permanent residence), anti-discrimination rules to reduce or eliminate risk of employment litigation, employer sanction cases, and I-9 and E-Verify compliance. Ian assists clients with establishing risk-based performance standards (RBPS) and Department of Homeland Security protocol, providing risk assessment assistance to corporations subject to Chemical Facility Anti-Terrorism Standards (CFATS) and assisting clients with ITAR/Export Control compliance within the immigration context.

Ian has developed strategic relationships abroad that he utilizes when working with clients to ensure compliance with foreign registration requirements. He is experienced with analyzing complex global mobility opportunities on country-specific matters to facilitate the transfer of personnel. Ian is also experienced in counseling employers on immigration strategy as well as immigration consequences of mergers and acquisitions, reduction in workforces, and furloughs.

Prior to joining the firm, Ian worked for the United Nations, various non-governmental think tanks and corporate law firms in London, Washington, D.C., New York and Atlanta.