APEC promotes the Passenger Name Record (PNR)

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SCCP APEC 2017 meeting in Vietnam. Photo: Hoang Anh.

The SCCP Common Action Plan has incorporated “Introduction and Implementation of Passenger Name Record” since 2016 April. Its objective is “to facilitate and secure cross border movement of passengers and the accompanied goods by implementing advance passenger risk analysis in adopting internationally harmonized standards and best practices.” One of its Indicators for implementation is “To update the information on Customs use of PNR by the economies and to update the strength and weakness in/for the use of PNR.” The current survey was prepared with an aim to contribute to this Indicator for implementation.

Unless otherwise agreed by SCCP1, the coordinator suggests that all Annexes including the raw data should be treated as not-for-public information.

Legal framework and procedural aspects

10 APEC economies have legal framework obliging the airlines to submit all the PNR data to the Customs administration (or other agency). All of them have compliance measures: e.g., fines/ penalties, imprisonment, deferment of lording/ unloading, denial/ revocation of flight rights, and blacklisted, in case of non-compliance. Eleven economies have legal framework enabling the Customs administration (or other agency) to access/ require the particular PNR data from the airlines. All 12 economies which Customs obtain the PNR Data have legal framework for the personal data protection covering PNR data.

12 APEC Customs administrations obtaining the PNR data frequently or moderately use the PNR data in their risk management. Nine Customs administrations use them strongly frequently while three use it moderately.

Procedures of identification and control are apparently categorize into four types: (1) the target is identified at the Immigration booth and controlled at the Customs booth (five economies); (2) the target is identifies and controlled at the Customs booth (two economies); (3) the target is identified at the luggage carousel and controlled at the Customs booth (two economies); and (4) the target is identifies and controlled at the Immigration booth (one economy). The monitoring system between the Immigration booth and the Customs booth or between the carousel and the Customs booth differ by economies; one economy uses RFID technology.

12 APEC Customs administrations have certain mechanism of PNR data management. Such mechanism includes: (1) Access to the PNR data, particularly raw data is strictly controlled to the authorized officials; one economy has monitored all the log of individual officers’ names who accessed the data. Data sharing with the other government agencies are also controlled. (2) Prescribed maximum conservation period beyond which the data will be deleted while such period apparently varies across economies. (3) The economies that obtain the PNR data submitted by EU airlines under the framework of bilateral PNR agreements, depersonalize the data beyond the set timeframe and furnish 3rd party audit.

Achievements

19 APEC member Customs administrations have mandate to control air passengers and/or luggage on inbound, outbound and crews. 15 administrations also have mandate to control on transit. 17 administrations have mandate on both passengers and luggage while two do not have mandate on passenger control and one does not have mandate on luggage control. The purpose of such control is universally common: the need of control against commercial fraud and other Customs offences. 18 administrations answered that their control also aims to expedite the legitimate passenger clearance and their luggage and 16 address the terrorist threats.

18 Customs administrations have applied risk management to control over air passengers or luggage. 15 administrations apply risk management on control on-site and 16 economies apply it prior to the arrival. Their source of risk management include: black list, watch list, risk profiling and targeting based on travel documents, API, PNR, and other intelligence.

10 APEC economies have legal framework obliging the airlines to submit all the PNR data to the Customs administration (or other agency). All of them have compliance measures: e.g., fines/ penalties, imprisonment, deferment of lording/ unloading, denial/ revocation of flight rights, and blacklisted, in case of non-compliance. Eleven economies have legal framework enabling the Customs administration (or other agency) to access/ require the particular PNR data from the airlines. All 12 economies which Customs obtain the PNR Data have legal framework for the personal data protection covering PNR data.

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