Aviation (Preclearance) Act 2009

5.

Functions of preclearance officers.

5.— (1) In addition to exercising functions under section 7(2) , a preclearance officer may—

( a) take and process applications for permission to enter,

( b) ask for the production of travel documents and other documents supporting the traveller’s application for permission to enter and examine such documents when produced,

( c) ask questions relating to the traveller’s eligibility to enter the United States,

( d) with the consent of the traveller and subject to subsection (2) , search such traveller and his or her goods,

( e) without warrant, where he or she reasonably suspects that a person poses an immediate threat (including the possession of a weapon) to the safety of officers or other persons in the preclearance area, search such person and his or her goods and may detain the person for such time as is reasonably necessary for carrying out the search,

( f) examine any area of the aircraft, including any goods on, or to be loaded onto, it,

( g) grant permission to enter to any traveller or aircraft where such traveller or aircraft is found to be eligible for entry into the United States,

( h) review or revoke permission to enter granted under paragraph (g) ,

( i) refuse permission to enter to any traveller or aircraft where such traveller or aircraft is found to be ineligible for entry into the United States,

( j) notwithstanding the fact that permission to enter has not been granted to any traveller, permit such traveller to board the aircraft for the purpose of postclearance on arrival in the United States, and

( k) request the assistance of an Irish law enforcement officer with respect to the matters referred to in paragraphs (e) and (f) of this subsection and paragraphs (a) and (b) of section 6(1) .

(2) Where subsection (1)(d) applies, the preclearance officer conducting a search of a person shall—

( a) be of the same sex as the person being searched, and

( b) have due respect for the person being searched.

(3) Where a preclearance officer reasonably suspects that—

( a) a person has—

(i) committed an indictable offence under the law of the State, or

(ii) obstructed or attempted to obstruct a preclearance officer in the performance of his or her functions under this Act,

or

( b) a private aircraft is conveying goods in contravention of the law of the State,

the preclearance officer—

(I) may, without warrant, detain that person or private aircraft, and

(II) where such person or aircraft is detained, shall forthwith deliver that person or aircraft into the custody of an Irish law enforcement officer to be dealt with in accordance with law.

(4) Where a traveller fails to comply with section 3(1)(b) , the preclearance officer may detain such goods and, where he or she does so, shall forthwith deliver them to an Irish law enforcement officer for the purposes of sections 8 to 10 .

(5) Notwithstanding subsection (4) , the preclearance officer may, as a condition of granting permission to enter, require a traveller to—

( a) pay him or her, or another preclearance officer identified by him or her, a sum of money equivalent to the sum of money that would be payable by that traveller on postclearance in respect of any particular goods, or

( b) surrender those goods.

(6) ( a) Subject to paragraph (b) , a preclearance officer may perform the functions conferred by this Act solely within the preclearance area.

( b) Where regulations are made to which section 2(2) applies, a preclearance officer may perform the functions conferred solely in a place referred to in that subsection that is, for the time being, operational for the purpose of preclearance.

(7) Nothing in this Act shall be construed as permitting a preclearance officer to be in possession of a weapon in the performance of his or her functions under this Act.