FACILITATION PANEL (FALP)

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1 International Civil Aviation Organization FALP/10-WP/3 30/7/18 WORKING PAPER FACILITATION PANEL (FALP) TENTH MEETING Montréal, September 2018 Agenda Item 3: Amendments to Annex 9 PASSENGER DATA OF PASSENGERS WITH MULTIPLE PASSPORTS (Presented by the Netherlands) SUMMARY This paper is intended to highlight the challenges for both aircraft operators and States where passengers with multiple nationalities may be identifying themselves with multiple passports during their journey and the associated consequences for passenger data quality. Typical cases include passengers that may have multiple nationalities or have special travel documents such as diplomatic passports. The information in this paper is based on the work of the Control Authorities & Airlines Working Group (CAWG), an expert forum of Airlines and Government officials who work collaboratively to recommend solutions and establish best practices for border management that contribute to the facilitation of legitimate travellers whilst ensuring a secure border. Action by the FAL Panel: The FAL Panel is invited to consider the proposals described in this paper and agree that Annex 9 be amended, as set out in the Appendix. 1. INTRODUCTION 1.1 General background on multiple nationalities: Dual/multiple citizenship will increasingly become an unexceptional status in the wake of globalization. The number of travellers holding more than one nationality has grown considerably in the last ten years and this trend is likely to continue as a result of increased immigration followed by naturalization, international marriages and the differences in basic nationality and citizenship regulations. States may grant citizenship based on place of birth of a child (jus soli) or the nationality of one or both parents (jus sanguinis). 1 With the rise in 1 Children may technically be born with up to 5 nationalities (or more) depending on the circumstances of their birthplace and heritage. For example, a child born in the US to a mother with dual UK/Canadian citizenship and a father with German/Filipino citizenship could technically have citizenship rights and thus passports of all five countries: US, UK, Canada, Germany and the Philippines. (6 pages) FALP10.WP3.Multiple Passports-Netherlands FINAL.doc

2 FALP/10-WP/3-2 - immigration, people may acquire citizenship in a new country but still (legally or illegally) hold on to their original passports, for example to re-migrate or to visit without having to require a visa. 1.2 General background on recognition of dual citizenship: Some States allow their nationals to hold an additional nationality, while others do not permit it, or allow a dual nationality only when the other nationality is not allowed to be renounced (some countries do not allow their citizens to give up their nationalities). 1.3 General background on border controls: Many countries have a border process allowing certain nationalities an expedited entry or exit, for example through automated border controls. There may also be a difference in the vetting and screening procedure and corresponding waiting time at the border depending on the nationality of the passport holder. Passengers in general are able to choose which passport to use at a certain border crossing. Some countries require their own nationals to always use their national documents upon arrival and departure from their country, whether or not they have a multiple nationality, for example to check for outstanding fines. 1.4 General developments regarding innovation of passenger data and border processes: The innovation of automated border processes, the developments of entry and exit systems and the requirements of sending and matching advance passenger information (API) provides another challenge when passengers use multiple passports. Entry and exit systems which are unable to match passenger data to multiple travel documents will show discrepancies when passengers use multiple passports as part of a single journey. 1.5 With the requirement for aircraft operators to perform both a document check and send API data transmissions to multiple States, several challenges for both the States and aircraft operators become apparent, have been experienced and will only become more commonplace as API provision increases globally. 1.6 Challenges for Aircraft operators: Operators have to collect advance passenger information and transmit it to State agencies. Aircraft operators perform a document check on the document presented by the passenger and they collect and transmit its API data. Inconsistencies arise when a passenger who is a multiple passport holder presents one passport to the aircraft operator but presents a different passport to the immigration officer at the point of departure and/or to the arrival immigration officer. Aircraft operators may be held responsible for these differences and be fined even though they have properly performed a document check and executed correct API data transmission based on a valid travel document. It is not known to the aircraft operator whether multiple travel documents are held by the passenger unless the passenger presents another travel document to the operator which may offer, for example, visa exemption for the transit or destination State. Aircraft operators are faced with the situation where they may be fined even though they have submitted API data based on a valid passport check and/or data capture through swipe or scanning Passengers who are seen as overstayers may be refused entry and have to be transported back as inadmissible passengers by the operators or have parts of their journey cancelled in the case of multiple legs within a journey. 2 2 A single journey may consist of multiple flights, for example a transfer.

3 - 3 - FALP/10-WP/ Technical challenges for the Aircraft operator: Departure Control Systems (DCS) do not have the capability to collect and transmit information from more than one travel document per passenger for the entire journey as the primary document. 1.7 Challenges for States: States who use API data to perform an entry/exit check and compare records of inbound and outbound passengers may have a mismatch in cases of multiple passport usage. This may lead to the appearance that some passengers have entered the State and never departed. In such cases, the passenger may be seen as an overstayer. A passenger registered as an overstayer may experience problems the next time he/she travels or be refused entry State systems may receive different passenger API data from the aircraft operators compared to the travel document presented by the passenger at the point of entry In an interactive API (iapi) environment, the vetting result may be performed on a travel document which is different from the one the passenger will present at the point of entry Most mismatches of this nature will require manual intervention by border agencies to resolve. This places an additional burden on government staff at ports and is not aligned with the direction most countries are taking to have as many travellers as possible self-process at the border. Multiple discrepancies in future entry and exit systems will also require extra intervention efforts by States The API systems of States do not all have the capability to receive multiple API datasets per passenger and most States systems do not have the capability to match multiple passports in their systems States should include such considerations in the development of seamless traveller initiatives, including the increased use of biometric identities and digital travel credentials to support improved facilitation of genuine travellers and prevention of criminal activity and concealment of genuine identity. 1.8 Consequences for Travellers: Many travellers are unaware of the problems caused by the use of multiple passports and may not realize it could delay their processing time instead of expediting entry Use of multiple passports can result in not being able to make use of self-processing facilities which speed up the process and may require travellers to queue multiple times Travellers may experience serious delays or refusals to travel when marked as overstayers. 1.9 Airports wish to create a positive traveller experience and have travellers flowing through the airport. Mismatches can result in intervention by government authorities which slows traveller flow and may cause congestion points at the airport The following general example may illustrate the ideas presented:

4 FALP/10-WP/ An Arendelle/Belavia 3 dual national traveling from Arendelle to Belavia uses his Arendellen passport to check-in and go through Arendelle exit immigration. Hence, this is the passport information aircraft operators collect and provide to the Belavia authorities. Upon arrival in Belavia, the passenger opts to use his Belavian passport at immigration as this gets him through more quickly. The Belavia State compares the information provided by the aircraft operator and the document presented by the passenger and holds the aircraft operator responsible for the mismatch of information, which may result in the imposition of a penalty against the carrier even though the aircraft operator has fully met its legal obligations by ensuring the traveller was properly documented for his/her entire journey and accurate API data was transmitted based on the travel document presented to it by the passenger. When this same passenger departs Belavia utilizing his Arendellen passport, the aircraft operator will submit API data based on the Arendellen document. When either state uses an entry/exit system, a Belavia national entered but never departed Belavia, while an Arendelle national departed Belavia without ever having entered and vice versa. This may result in the qualification of an overstayer with consequences when the passenger travels again and fines for the aircraft operator. Such a scenario may also occur through a passenger deliberately attempting to conceal his/her other nationality. At the moment, States are not able to provide coherent advice to a passenger who asks which passport to present since the advice will vary by country and will not take into account different requirements or regimes in another country. 2. DISCUSSION 2.1 The CAWG (Control Authorities and Airlines Working Group), has considered and inventoried these problems by means of a survey and by collecting case studies. The survey shows that at least 120 countries recognize some form of dual passports. The airline members of CAWG also collected case studies of the practical challenges they face with passengers with multiple passports. 2.2 The Panel is invited to express their views on the following statements and on the proposed amendments to Annex 9. The panel is also invited to continue the dialogue on the issues and recommendations contained in the paper at other forums where immigration matters are discussed or regulated. 2.3 Statements to be discussed by the Facilitation Panel: Statement 1: States should recognize that passengers may hold more than one passport, even when they forbid that possibility for their own citizens. States should recognize that these passengers may use them alternately during a single journey 4. States should review and adopt policies that recognize multiple nationalities and implement processes that support such travellers, for example with a system which can link multiple travel documents to a single passenger to enable reconciliation. States should recognize that multiple passports may affect the present or future exit entry systems Statement 2: States should recognize that aircraft operator systems are currently only able to collect and transmit API data from one travel document per passenger per journey. Aircraft Operators and States should work together to consider how API collection and transmission may support more than one passport for a passenger or how API can be reconciled with another travel document of a passenger Statement 3: When establishing an entry/exit system, States should establish processes to reconcile multiple passports to one passenger. 3 Arendelle and Belavia are fictional countries. 4 A single journey may consist of multiple flights or legs.

5 - 5 - FALP/10-WP/ Statement 4: States should not penalise an aircraft operator, where the aircraft operator has collected and provided accurate API data based on a travel document presented to it which was valid for the journey. 3. RECOMMENDATION 3.1 It is proposed that the Panel adopt the following Recommended Practices and Standard and recommend that Annex 9 be amended, accordingly.

6 FALP/10-WP/3-6 - Amend Annex 9, Chapters 3 and 9, as follows: APPENDIX 3.XX (new) Recommended Practice. Contracting States should implement Advance Passenger Information systems that are able to support passengers travelling with more than one valid travel document. 3.XX(new) Recommended Practice. Contracting States should ensure that their entry and/or exit systems are able to reconcile multiple travel documents to one passenger. Note. This may include the development of seamless traveller initiatives, including the increased use of biometric identities and digital travel credentials to support improved facilitation of genuine travellers and prevention of criminal activity and concealment of genuine identity. 9.XX (new) Standard: Contracting States shall not penalise or otherwise hold an aircraft operator responsible for inconsistencies in passenger data exchanges between departure, transit or arrival points resulting from the use of more than one valid travel document by a passenger during a single journey. Note. A single journey may consist of multiple legs or flights. Other options of formulating the standard might be: OPTION 1: Contracting States shall not penalise or otherwise hold an aircraft operator responsible for inconsistencies in passenger data exchanges when the aircraft operator has collected and provided accurate advance passenger information data based on a travel document presented which is valid for the journey and the passenger presents a second valid passport on arrival. OPTION 2 : "States shall not penalise an aircraft operator for inconsistent advanced passenger information, when the aircraft operator has collected and provided data based on the travel document presented valid for the journey and the inconsistency is due to the passenger using multiple passports for a single journey." OPTION 3:. "States shall not penalise or otherwise hold an aircraft operator responsible for mismatched advanced passenger information, when the aircraft operator has collected and provided data based on a passenger's valid travel document for the journey and the inconsistency is due to the passenger using multiple passports for a single journey." END