The pre-clearance of US bound passengers at Shannon Airport by the US immigration authorities is provided for by the Air Navigation and Transport (Preinspection) Act 1986 including the agreement which is scheduled to that Act. Last January, as part of their evolving immigration requirements, the US authorities introduced fingerprinting and photographing of all visitors to the US with the exception of visitors from countries, including Ireland, covered by the visa waiver programme. However, the new arrangements were extended by the US authorities to visitors from the visa waiver countries on 30 September 2004 and in April this year, the Department of Foreign Affairs was informed of that proposed extension.
The US Government has the right to control the entry of visitors to its territory and that, regardless of where the new procedures are actually implemented, all Irish travellers to the US must now comply with the new arrangements. Since its establishment on a permanent basis in 1988, officers of the US Government immigration services working in the pre-clearance facilities at Shannon Airport have implemented the immigration and public health laws and regulations for entry into the US. In accordance with the 1986 Act, these officers are not subject to Irish jurisdiction in respect of activities performed by them in the exercise of their duties at the pre-clearance facilities.