Gail Alexander
A bill for Trinidad and Tobago to work with the United States for more effective border security is expected to be presented to Parliament on Friday.
The bill is expected to become one of the major tools, particularly concerning transnational crime, according to Government House of Representatives leader Barry Padarath.
Padarath indicated this at last week’s Cabinet media briefing after being asked about the Prime Minister’s recent announcement about working with the US to roll out border security measures.
He said the House will meet on Friday on the proposed legislation for this.
“That bill will bring into effect a greater degree of border security and management for T&T. We’ve often spoken about T&T’s porous borders and the exchange of information, or lack thereof, with other countries. This (bill) will now be one of the major tools in our arsenal, particularly with respect to transnational crime.”
Padarath said the Ministers of Foreign Affairs (Sean Sobers), Defence (Wayne Sturge) and Homeland Security (Roger Alexander) are expected to participate in debate on the bill, and this will detail what the expected benefits are.
“You’ve seen it work in so many other jurisdictions. T&T is a bit on the back foot—not out of this Government’s doing—but this is an issue we’ve been raising for quite a while when we served in Opposition. Therefore, I think this is one of those tools we can utilise in the fight against crime in a more forceful way, particularly the issue of transnational crime, in terms of our partnership with several other nations, inclusive of the US and UK, where the focus has been on for quite a while,” he added.
Contacted for a comment on this bill yesterday, Padarath, Alexander, Sobers and Sturge did not respond.
Database to track culprits travelling
Government legal sources stated that the bill is the Advance Passenger Information (API) and Passenger Name Record (PNR) bill 2026.
The bill’s explanatory notes states its key effect is the development of databases and processes which will aid in tracking the movement of high-risk individuals to detect potential threats and to curb crime and terrorism.
The notes stated that such systems have been implemented in aviation and maritime systems worldwide as a mechanism to facilitate effective border control and to increase the efficiency of border management officers.
The bill has 46 clauses.
It will repeal the Immigration (Advanced Passenger Information) Act) and establish a comprehensive framework for the collection, storage, regulation, sharing and transmission of advance passenger information - streamlining data collection.
The Chief Immigration Officer will be in charge of establishing a framework for the processing of the data and the sharing of this information with external authorities from other jurisdictions.
Padarath and the other Ministers didn’t reply on whether such jurisdictions include the US.
The bill will also expand the scope of the personal information of passengers and crew members that is collected, processed and stored; and will operationalise the Caricom Advance Passenger Information System (APIS).
The APIS became effective in February 2007 in 12 Caricom states. T&T is not among them.
Under APIS, regional and international aircraft and vessels are required to submit Advance Passenger Information prior to arrival in and upon departure from any of the 12 Caricom States.
The bill will introduce a Personal Information Unit (PIU) operating 24 hours under the Immigration department.
This will receive, store, process, analyse and manage API and PNR data for national security purposes.
Risk assessments and data analysis by PIU will be submitted to law enforcement authorities.
A Data Protection Officer will be appointed by the President. The bill has been described as establishing more safeguards “to protect the privacy rights of individuals and their sensitive information.”
It is proposed that the Chief Immigration Officer (CIO) will coordinate with national, regional and international partners, including Caricom’s Implementation Agency for Crime and Security (IMPACS), to process risk alerts, determine admissibility into T&T, facilitate passenger access to their personal data where appropriate and take enforcement or border security actions when necessary.
The bill also allows the CIO to withhold departure clearance where required data has not been submitted and to monitor the accuracy and quality of data transmissions.
Opposition PNM frontliners couldn’t comment on the bill.
However, some citizens have queried what conditions, if any, the US might request of T&T in exchange for any assistance on the border or other security.
The Prime Minister didn’t reply to Guardian Media’s queries on the latest that T&T may be obtaining in terms of assistance after its recently cemented Americas Counter Cartel Coalition partnership, and if the upcoming bill is part of the ACCC outcome, and what else may be in the works for T&T from the US.
OTHER CLAUSES INCLUDE
• Passengers and crew arriving into, departing from or transiting through T&T or travelling within Caricom may be screened against approved Watch Lists and national, regional and international databases approved by the Minister.
• Information may be shared with INTERPOL and other authorised intelligence or law enforcement agencies in the interest of maintaining national, regional or international security. However, data use is limited to the purposes of the Act and for national statistics
• API and PNR data may be processed by the Unit (PIU) to assess risk and identify passengers or crew potentially involved in terrorist offences or serious crimes; to respond to requests from competent authorities or government agencies for specific cases; and analyse data to develop or update criteria for these risk assessments.
• Creating an offence for a captain, master, agent, passenger or crew of an aircraft to refuse to provide answers or knowingly give false answers to questions posed by the Chief Immigration Officer (CIO). A person who commits this offence is liable on summary conviction to a fine of $35,000 in the first instance, and upon the commission of a second or subsequent offence to a fine of $140,000 and six months’ jail.
• The Minister can waive the requirement of masters, captains or agents of an aircraft or vessel to provide details of the flight or voyage, respectively, where such flight or voyage is for military or law enforcement purposes, official Government business or the business of a humanitarian organisation.
• The CIO can share PNR data with a Participating State’s competent authority for lawful purposes such as national security, public safety, immigration control and combating terrorist offences or serious crimes- but must only transfer data when there is a lawful basis, demonstrated necessity, and proportionality.
T&T joins Caribbean partners in US-led military drill
Trinidad and Tobago Defence Force Special Operations personnel recently concluded participation in “Exercise Tropical Dagger X111” involving troops from other regional territories.
The event was co-hosted by the US Special Operations Command (South), Jamaican Defence Force and Canadian Special Operations Command Forces.
The coordinated military training exercise was done from January 30 to March 7 in Jamaica, according to the US Public Affairs Division at US Southcom in Doral, Florida.
The division said it was the 13th exercise in the annual event conducted by the US since its inception in 2012.
“Exercise Tropical Dagger has strengthened interoperability, enhanced regional security co-operations and enabled Caribbean partners to develop the capabilities necessary to prevent and respond to transnational criminal activity.”
This year’s multinational training exercise brought together military personnel from Jamaica, T&T, US, Canada, Barbados, the Bahamas, Belize and Guyana.
In the exercise, troops were inserted into Jamaican terrain by foot patrol and helicopters, converging on planned objectives “with speed and precision” according to the US information.
