Final text of the Additional Protocol to the Safe Third Country Agreement
The Government of Canada
the Government of the United States of America
For cooperation in the examination
of refugee status claims from nationals
of third countries
The Government Of Canada And The Government Of The United States Of America (hereinafter referred to as "the Parties"),
Recognizing a desire to address irregular migration patterns by refugee status claimants who cross the common land border between the ports of entry; and
Expressing their mutual intention to augment cooperation under the Agreement between the Government of Canada and the Government of the United States of America for Cooperation in the Examination of Refugee Status Claims from Nationals of Third Countries, done at Washington, D.C., on 5 December 2002 (hereinafter referred to as "the Agreement"), to include refugee status claimants crossing the land border between the ports of entry,
Have Agreed to supplement the Agreement as follows:
- Except to the extent specified herein, the provisions of the Agreement shall apply, mutatis mutandis, except Article 10 of the Agreement, to this Additional Protocol in respect of persons who, on or after the date this Additional Protocol enters into force, enter the territory of the receiving Party by crossing the land border between the ports of entry and make a refugee status claim within 14 days after such crossing.
- For purposes of this Additional Protocol, crossing the land border between the ports of entry shall include a crossing of the border in those waters as the Parties shall mutually determine by exchange of diplomatic notes.
- For purposes of applying the provisions of the Agreement to the category of refugee status claimants identified in paragraph 1 of this Additional Protocol:
- "Country of Last Presence" shall mean the country, being either Canada or the United States, in which the refugee status claimant was physically present immediately prior to making a refugee status claim following the crossing of the land border between the ports of entry.
- The Party of the country of last presence shall not be required to accept the return of a refugee status claimant if it determines that the refugee status claimant did not make a claim within 14 days after crossing the land border between the ports of entry.
- The Party of the receiving country, when making a request to the Party of the country of last presence to accept the return of a refugee status claimant, is responsible for providing sufficient information to assist the Party of the country of last presence in determining whether the refugee status claimant crossed the land border between the ports of entry no more than 14 days prior to making a refugee status claim in accordance with paragraph 1 of this Additional Protocol. To assist the Party of the country of last presence in making this determination, the Party of the receiving country shall provide the Party of the country of last presence any information relevant to the determination and a copy of its record of the refugee status claimant's apprehension between the ports of entry if available. The Party of the country of last presence also may consider any other information relevant to its determination.
- In accordance with Article 8 of the Agreement, the Parties shall develop standard operating procedures to assist with the implementation of this Additional Protocol. These procedures shall include provisions relating to the standards the Party of the country of last presence expects to apply in determining whether a refugee status claimant crossed the land border between the ports of entry no more than 14 days prior to making a refugee status claim and provisions for the exchange and consideration of relevant information before the refugee status claimant may be returned to the country of last presence.
- Either Party may terminate this Additional Protocol upon six months' written notice to the other Party. In addition, in the event of termination of the Agreement, this Additional Protocol shall also terminate according to the terms of the Agreement.
- Either Party may, upon written notice to the other Party, suspend for a period of up to three months the application of this Additional Protocol. Such suspension may be renewed for additional periods of up to three months. The Parties may, by written notice, mutually determine to suspend any part of this Additional Protocol for any period of time. In addition, in the event of suspension of the Agreement, this Additional Protocol shall also be suspended.
- This Additional Protocol shall enter into force on the date of the later note in an exchange of notes between the Parties indicating that each Party has completed the necessary domestic procedures for bringing this Additional Protocol into force.
In Witness Whereof, the undersigned, being duly authorized by their respective governments, have signed this Additional Protocol.
Done at Ottawa this 29th day of March 2022 and at Washington this 15th day of April 2022 in duplicate in the English and French languages, each text being equally authentic.
For The Government Of Canada
For The Government
Of The United States Of America
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