(LRC Revised)

Number 16 of 2009

AVIATION (PRECLEARANCE) ACT 2009

REVISED

Updated to 28 May 2019

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Aviation (Preclearance) Act 2009

. It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including

Greyhound Racing Act 2019

(15/2019), enacted 28 May 2019, and all statutory instruments up to and including

European Communities (Sheep Identification) (Amendment) Regulations 2019

(S.I. No. 243 of 2019), made 28 May 2019, were considered in the preparation of this

Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

16

of

2009

AVIATION (PRECLEARANCE) ACT 2009

REVISED

Updated to 28 May 2019

ARRANGEMENT OF SECTIONS

Section

1. Interpretation.

2. Minister may designate preclearance area.

3. Duties of traveller.

4. Right of traveller to withdraw.

5. Functions of preclearance officers.

6. Functions of Irish law enforcement officers.

7. Security of preclearance area.

8. Seizure of goods generally.

9. Seizure of goods: certain powers of Revenue Commissioners.

10. Seizure of goods: proceedings.

11. In-transit preclearance: where traveller is refused permission to enter.

12. In-transit preclearance: control of aliens.

13. Privileges and immunities.

14. Fees for preclearance.

15. Expenses.

16. Regulations.

17. Offences and penalties.

18. Offences by bodies corporate.

19. Repeal of Air Navigation and Transport (Preinspection) Act 1986.

20. Amendment of Third Schedule to Freedom of Information Act 1997.

21. Short title and commencement.

SCHEDULE

Agreement between the Government of Ireland and the Government of the United States

of America on Air Transport Preclearance

Acts Referred to

Air Navigation and Transport (Amendment) Act 1998

1998,No. 24

Air Navigation and Transport (Preinspection) Act 1986

1986,No. 18

Aliens Act 1935

1935,No. 14

Consular Conventions Act 1954

1954,No. 10

Firearms and Offensive Weapons Act 1990

1990,No. 12

Firearms Acts 1925 to 2007

Freedom of Information Act 1997

1997,No. 13

Immigration Act 2004

2004,No. 1

Number

16

of

2009

AVIATION (PRECLEARANCE) ACT 2009

REVISED

Updated to 28 May 2019

AN ACT TO GIVE EFFECT TO AN AGREEMENT ENTERED INTO BETWEEN THE GOVERNMENT OF IRELAND

AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA RELATING TO THE PROVISION OF PRECLEARANCE

OPERATIONS AT AIRPORTS IN THE STATE FOR PERSONS TRAVELLING BY AIR TO THE UNITED STATES

OF AMERICA, DONE AT WASHINGTON ON 17 NOVEMBER 2008, TO GIVE THE MINISTER FOR TRANSPORT

POWER TO MAKE REGULATIONS, INCLUDING REGULATIONS DESIGNATING AREAS AT AIRPORTS WITHIN

WHICH PRECLEARANCE OPERATIONS MAY BE CARRIED OUT, TO PROVIDE FOR CONFERRING CERTAIN

LIMITED FUNCTIONS ON PRECLEARANCE OFFICERS WITHIN THOSE AREAS, TO PROVIDE FOR THE

SEIZURE AND FORFEITURE OF GOODS NOT DULY DECLARED AND TO REPEAL THE AIR NAVIGATION

AND TRANSPORT (PREINSPECTION) ACT 1986, TO AMEND THE FREEDOM OF INFORMATION ACT 1997

AND TO PROVIDE FOR RELATED MATTERS.

[8

th July

, 2009]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

ARRANGEMENT OF SECTIONS

Section

1. Interpretation.

2. Minister may designate preclearance area.

3. Duties of traveller.

4. Right of traveller to withdraw.

5. Functions of preclearance officers.

6. Functions of Irish law enforcement officers.

7. Security of preclearance area.

8. Seizure of goods generally.

9. Seizure of goods: certain powers of Revenue Commissioners.

10. Seizure of goods: proceedings.

11. In-transit preclearance: where traveller is refused permission to enter.

12. In-transit preclearance: control of aliens.

13. Privileges and immunities.

14. Fees for preclearance.

15. Expenses.

16. Regulations.

17. Offences and penalties.

18. Offences by bodies corporate.

19. Repeal of Air Navigation and Transport (Preinspection) Act 1986.

20. Amendment of Third Schedule to Freedom of Information Act 1997.

21. Short title and commencement.

SCHEDULE

Agreement between the Government of Ireland and the Government of the United States

of America on Air Transport Preclearance