Aviation (Preclearance) Act 2009


Privileges and immunities.

13.— (1) A preclearance officer who is—

(a) a national of the United States, and

(b) assigned and posted to the State,

shall not be amenable to the jurisdiction of the judicial or administrative authorities of the State in respect of acts performed by him or her in the exercise of his or her functions under this Act and shall, together with his or her dependants, enjoy such privileges as are agreed by an exchange of diplomatic notes.

(2) The immunity accorded under subsection (1) may be waived in writing by the United States.

(3) The immunity and privileges referred to in subsection (1) shall not be accorded to a preclearance officer who is permanently resident in the State.

(4) Without prejudice to any other power of a Minister of the Government, where the Minister considers that a preclearance officer has abused his or her position, the Minister may, after consultation with the United States, require—

(a) in the case of a preclearance officer referred to in subsection (1), the departure from the State of that preclearance officer, or

(b) in the case of a preclearance officer who is permanently resident in the State, that he or she cease to exercise his or her functions under this Act.

(5) All documents (including information kept in a non-legible form, whether stored electronically or otherwise, that is capable by any means of being reproduced in a legible form) of the United States located in the preclearance area shall be regarded as archives kept at a consulate within the meaning of the Consular Conventions Act 1954.

(6) An action shall lie against the State by a person who is precluded from taking an action by virtue of subsection (1).