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During the 1980s, a debate opened up about the meaning of the concept of " free movement of persons ". Some Member States felt that this should apply to EU citizens only, which would involve keeping internal border checks in order to distinguish between citizens of the EU and non-EU nationals. Others argued in favour of free movement for everyone, which would mean an end to internal border checks altogether. Since the Member States found it impossible to reach an agreement, France, Germany, Belgium, Luxembourg and the Netherlands decided in 1985 to create a territory without internal borders. This became known as the "Schengen area". The name was taken from the name of the town in Luxembourg where the first agreements were signed. This intergovernmental cooperation expanded to include 13 countries in 1997, following the signing of the Treaty of Amsterdam, which incorporated into EU law on 1 May 1999 the decisions taken since 1985 by Schengen group members and the associated working structures.
Among the main measures are:
-the removal of checks at common borders, replacing them with external border checks;
-a common definition of the rules for crossing external borders and uniform rules and procedures for controls there;
-separation in air terminals and ports of people travelling within the Schengen area from those arriving from countries outside the area;
-harmonisation of the rules regarding conditions of entry and visas for short stays;
-coordination between administrations on surveillance of borders (liaison officers and harmonisation of instructions and staff training);
-the definition of the role of carriers in measures to combat illegal immigration;
-requirement for all non-EU nationals moving from one country to another to lodge a declaration;
-the drawing up of rules for asylum seekers ( Dublin Convention , replaced in 2003 by the Dublin II Regulation );
-the introduction of cross-border rights of surveillance and hot pursuit for police forces in the Schengen States;
-the strengthening of legal cooperation through a faster extradition system and faster distribution of information about the implementation of criminal judgments;
-the creation of the Schengen Information System (SIS).
The SIS is an information system that allows the competent authorities in the Member States to obtain information regarding certain categories of persons and property. It is thus a vital factor in the smooth running of the area of security, freedom and justice. It contributes to the implementation of the provisions on the free movement of persons (Title IV of the Treaty) and to judicial cooperation in criminal matters and police cooperation (Title VI of the Treaty). The current SIS was designed to cope with eighteen States (15 Member States, Iceland and Norway, and one in reserve). Its technology is clearly outdated and new development possibilities should therefore be studied.
The setting-up of the second general SIS is an absolute prerequisite for the involvement of the new Member States in the area without internal frontiers. Following the Council meeting on 28 and 29 May 2001 which confirmed that priority must be given to developing SIS II by 2006, the Commission agreed to be responsible for financing and developing the system (by virtue of its responsibility for implementing the Community budget). However, the Commission points out that the project will be developed in close cooperation with the Member States, the applicant countries, the Council, the European Parliament and the Joint Supervisory Authority (JSA).
A preliminary study on the possible development of SIS was carried out in 1998. Work has since intensified with a view to the enlargement of the Union. The Commission believes it is now essential to define the functions of SIS since it could, in the near future, become not only a reporting system but an investigation system. It will therefore be necessary to define the authorities that will have access to the system (judicial authorities of the Member States, but also Europol , Eurojust , security services, etc.) and the new categories of data.
In addition, the SIS will have to differentiate itself from Europol's information system focussing on the prevention and detection of threats to public order and security rather than on investigations into organised crime.
As regards the application of the provisions on the free movement of persons, the development of SIS will be valuable from several points of view, notably to guarantee the authenticity of documents and the identification of illegal residents.
In the SIS, information is stored according to the legislation of each country. There are more than fifteen million entries, containing following personal information:
:-Name and first name, the alias possible ones being recorded separately;
:-Possible objective and permanent physical characteristics;
:-First letter of the second first name;
:-Date and birthplace;
:-If the person in question was armed;
:-If the person in question was violent;
:-Reason of the record;
:-Action to be taken.
:-As well as:
:-Weapons lost, stolen or diverted;
:-Delivered identity documents lost, stolen or diverted;
:-Lost, stolen or diverted blank identity documents;
:-Lost, stolen or diverted motor vehicles;
:-Bank notes lost, stolen or diverted;
A second technical version of the system is in preparation (SIS II), in order to include new types of data and to integrate the new Member States of the Union. The system would be opened with a greater number of institutions, for example the legal authorities, Europol and the security services. Personal data could be read on one personal assistant (This is a futuristic vision, but this type of implementation remains under responsibility and technical possibilities of each Member State) in all Europe, by the police force and the customs during the identity checks. Some would like to benefit from these technical changes to turn this system into an investigation system, but a great number of Member States want this system to remain a system of police checks, leaving to Europol this role of investigation.
:Required for extradition;
:-Undesirable on the territory of a participating State;
:-Minor of age, mentally ill patients, and persons missing or in danger with an aim of ensuring their own protection;
:-Required like witness, quoted to appear or for notification of judgement;
:-Suspected of taking part in serious offences and having to be the subject of checks or control.
:-In addition are concerned the following objects:
:-Motor vehicles to supervise control or seize;
:-Blank or delivered stolen documents of identity;
The SIS is today the most effective and most powerful system of police co-operation thanks to its extremely short update delays, its ease of use, and the fact that all police forces within the participating countries have a direct and immediate access to the database.
Some see in this concentration of information by the governments a threat against the private life. The SIS was the target many protests, in particular of July 18 at July 28, 2002 when 2000 activists of No Border Network expressed themselves in Strasbourg, where the C.SIS (Centre of the Schengen Information System) is located. Many fears that the second version of SIS does include photographs, fingerprints and DNA fingerprints, which could be available towards authorities and organizations for which this information was not intended when collected. However the drafts prepared by the Commission do not envisage officially the inclusion of DNA fingerprints Critics also worry that the database may in reality include people because of their political viewpoints or their participation in anti-government political protests, even if the information in the database in under the field relating to violence.
Trying to ground hooligans
By Claire Heald
The full glare of England's football focus was on one England player's foot on Wednesday, as Wayne Rooney flew back to the UK for medical checks.
But at UK ports and airports, the football police had their eyes on a wider scene - potential troublemakers travelling to Germany.
By now, 95% of the 3,380 people with banning orders have surrendered passports for the period. Police are hunting the others.
If any are unwise enough to turn up at as obvious an exit as Heathrow two days before the tournament starts, they will be stopped.
Also sought are the peripherals who would likely step in to a fight to support the hardcore of violent offenders.
They might not have an order over their heads, but police say their history suggests they are a threat, past convictions or not.
Machine Readable Passports - From 26 October this year, all travellers from the 27 Visa Waiver Program countries must have a Machine Readable Passport (MRP) in order to enter the US without a visa. Children who are on their parent's passport must have either a visa or be issued with a passport of their own. Information on this issue can be found on the US Department of State website.
Machine Readable Passports Required For All Visa Waiver Program Travel as of June 26, 2005
For Immediate Release
Office of the Press Secretary
Contact: (202) 282-8010
May 12, 2005
The Department of Homeland Security (DHS) today reminded travelers from 27 Visa Waiver Program (VWP) countries that as of June 26, 2005, they must have a machine-readable passport to enter the United States without a visa, as mandated by Congress. Machine-readable passports have a sequence of lines that can be swiped by U.S. Customs and Border Protection (CBP) officers to confirm the passport holder’s identity quickly and to obtain other information about the holder typically found on a passport’s inside cover.
“The machine-readable passport benefits foreign visitors as much as it does homeland security,” said Randy Beardsworth, Acting Under Secretary for Border and Transportation Security. “With one fast swipe, front line officers can pull up the information that they need to process legitimate travelers quickly. At the same time, this immediate information access enables our officers to focus even more on identifying and interdicting potential threats.”
What do I need to know about VWP machine-readable passport (MRP) and e-passport requirements?
The USA-PATRIOT Act legislated that each Visa Waiver Program traveler must have a machine-readable passport........
Additionally, the 2002 Enhanced Border Security and Visa Entry Reform Act created a requirement that VWP travelers present machine-readable passports (MRP) which are tamper-resistant and incorporate biometric identifiers in compliance with guidelines established by the International Civil Aviation Organization. On June 15, 2005, DHS announced that VWP travelers would satisfy biometric requirements by presenting passports with digitized photographs and, eventually, integrated chips with information from the data page (e-passport). Depending on when VWP travelers’ passports were issued, the following passport requirements will apply:
How will the new passport be different?
Externally, the new Biometric Passport will appear very similar to the current one, although it will feature a logo indicating that there is a chip inside. Internally there will be many new security features including pages with intricate designs and new complex watermarks.
What information will be stored on the chip?
The chip will store the passport holder’s digital photo and other personal details printed on the passport bio-data page. The chip will complement the security features currently inherent in the ‘machine readable zone’ of the passport. The ‘machine readable zone’ will be needed to ensure immigration desks can continue to use existing readers.
The Patriot Act Closes Dangerous Law Enforcement And Intelligence Gaps
The Patriot Act Has Accomplished Exactly What It Was Designed To Do - It Has Helped Us Detect Terrorist Cells, Disrupt Terrorist Plots, And Save American Lives.
The Patriot Act has helped law enforcement break up terror cells in Ohio, New York, Oregon, and Virginia.
The Patriot Act has helped in the prosecution of terrorist operatives and supporters in California, Texas, New Jersey, Illinois Washington, and North Carolina.
The Patriot Act Authorizes Vital Information Sharing To Help Law Enforcement And Intelligence Officials Connect The Dots Before Terrorists Strike. The Patriot Act enables necessary cooperation and information sharing by helping to break down legal and bureaucratic walls separating criminal investigators from intelligence officers.
Order of the Reich President for the Protection of People and State
On the basis of Article 48 paragraph 2 of the Constitution of the German Reich, the following is ordered in defense against Communist state-endangering acts of violence:
§ 1. Articles 114, 115, 117, 118, 123, 124 and 153 of the Constitution of the German Empire are suspended until further notice. It is therefore permissible to restrict the rights of personal freedom [ habeas corpus ], freedom of opinion, including the freedom of the press, the freedom to organize and assemble, the privacy of postal, telegraphic and telephonic communications, and warrants for house searches, orders for confiscations as well as restrictions on property, are also permissible beyond the legal limits otherwise prescribed.
The decree consisted of six articles. Article 1 suspended most of the civil liberties set forth in the Weimar Constitution — freedom of the person, freedom of expression, freedom of the press, the right of free association and public assembly, the secrecy of the post and telephone, not to mention the protection of property and the home. Articles 2 and 3 allowed the Reich government to assume powers normally reserved to the federal states (Länder). Articles 4 and 5 established draconian penalties for certain offenses, including the death penalty for arson to public buildings. Article 6 simply stated that the decree took effect on the day of its proclamation.
Göring issued a directive to the Prussian police authorities on March 3, stating that in addition to the constitutional rights stripped by the decree, "all other restraints on police action imposed by Reich and Land law" were abolished "so far as this is necessary ... to achieve the purpose of the decree." Göring went on to say that
In keeping with the purpose and aim of the decree the additional measures ... will be directed against the Communists in the first instance, but then also against those who co-operate with the Communists and who support or encourage their criminal aims.... I would point out that any necessary measures against members or establishments of other than Communist, anarchist or Social Democratic parties can only be justified by the decree ... if they serve to help the defense against such Communist activities in the widest sense.
President Bush Addresses the Nation on September 11th
President denounces terrorist attacks in New York and Washington
The White House
Office of the Press Secretary
September 11, 2001
Statement By The President In His Address To The Nation
The Oval Office
8:30 P.M. EDT
The President: Good evening. Today, our fellow citizens, our way of life, our very freedom came under attack in a series of deliberate and deadly terrorist acts. The victims were in airplanes, or in their offices; secretaries, businessmen and women, military and federal workers; moms and dads, friends and neighbors. Thousands of lives were suddenly ended by evil, despicable acts of terror.
The pictures of airplanes flying into buildings, fires burning, huge structures collapsing, have filled us with disbelief, terrible sadness, and a quiet, unyielding anger. These acts of mass murder were intended to frighten our nation into chaos and retreat. But they have failed; our country is strong.
Immediately following the first attack, I implemented our government's emergency response plans.
I've directed the full resources of our intelligence and law enforcement communities to find those responsible and to bring them to justice. We will make no distinction between the terrorists who committed these acts and those who harbor them.
The Act mostly incorporates the provisions of the earlier anti-terrorism USA Act (H.R. 2975 and S. 1510). The House passed the USA Act on October 12, 2001. The Senate passed it on October 11, 2001. The primary differences between the USA Act and the USA PATRIOT Act are:
:The inclusion of the Financial Anti-Terrorism Act (H.R. 3004), which expands money laundering abatement to international terrorism.
: Immunity against prosecution for the providers of wiretaps in accordance with the Foreign Intelligence Surveillance Act of 1978.
: Request for a report on integrating automated fingerprint identification for ports of entry into the United States.
: Start of a foreign student monitoring program.
: Request for machine readable passports.
: Prevention of consulate shopping.
: Expansion of the Biological Weapons Statute.
: Clearer definition of "Electronic Surveillance"
: Miscellaneous benefits for victims of the September 11 attack and extra penalties for those who illegally file for such benefits
USA PATRIOT Act (Title IV: Protecting the Border)
1.3 Sec. 403. Access by the Department of State and the INS to certain identifying information in the criminal history records of visa applicants and applicants for admission to the United States.
(a) Amendment of the Immigration and Nationality Act- Section 105 of the Immigration and Nationality Act (8 U.S.C. 1105) is amended--
(1) in the section heading, by inserting `; DATA EXCHANGE' after `SECURITY OFFICERS';
(2) by inserting `(a)' after `SEC. 105.';
(3) in subsection (a), by inserting `and border' after `internal' the second place it appears; and
(4) by adding at the end the following:
`(b)(1) The Attorney General and the Director of the Federal Bureau of Investigation shall provide the Department of State and the Service access to the criminal history record information contained in the National Crime Information Center's Interstate Identification Index (NCIC-III), Wanted Persons File, and to any other files maintained by the National Crime Information Center that may be mutually agreed upon by the Attorney General and the agency receiving the access, for the purpose of determining whether or not a visa applicant or applicant for admission has a criminal history record indexed in any such file.
`(2) Such access shall be provided by means of extracts of the records for placement in the automated visa lookout or other appropriate database, and shall be provided without any fee or charge.
`(3) The Federal Bureau of Investigation shall provide periodic updates of the extracts at intervals mutually agreed upon with the agency receiving the access. Upon receipt of such updated extracts, the receiving agency shall make corresponding updates to its database and destroy previously provided extracts.
`(4) Access to an extract does not entitle the Department of State to obtain the full content of the corresponding automated criminal history record. To obtain the full content of a criminal history record, the Department of State shall submit the applicant's fingerprints and any appropriate fingerprint processing fee authorized by law to the Criminal Justice Information Services Division of the Federal Bureau of Investigation.
3) Accessible- The electronic system described in paragraph (2), once implemented, shall be readily and easily accessible to--
(A) all consular officers responsible for the issuance of visas;
(B) all Federal inspection agents at all United States border inspection points; and
(C) all law enforcement and intelligence officers as determined by regulation to be responsible for investigation or identification of aliens admitted to the United States pursuant to a visa.
1.5 Sec. 405. Report on the integrated automated fingerprint identification system for ports of entry and overseas consular posts.
(a) In general- The Attorney General, in consultation with the appropriate heads of other Federal agencies, including the Secretary of State, Secretary of the Treasury, and the Secretary of Transportation, shall report to Congress on the feasibility of enhancing the Integrated Automated Fingerprint Identification System (IAFIS) of the Federal Bureau of Investigation and other identification systems in order to better identify a person who holds a foreign passport or a visa and may be wanted in connection with a criminal investigation in the United States or abroad, before the issuance of a visa to that person or the entry or exit from the United States by that person.
2.3 Sec. 413. Multilateral cooperation against terrorists.
Section 222(f) of the Immigration and Nationality Act (8 U.S.C. 1202(f)) is amended--
(1) by striking `except that in the discretion of' and inserting the following: `except that--
`(1) in the discretion of'; and
(2) by adding at the end the following:
`(2) the Secretary of State, in the Secretary's discretion and on the basis of reciprocity, may provide to a foreign government information in the Department of State's computerized visa lookout database and, when necessary and appropriate, other records covered by this section related to information in the database--
`(A) with regard to individual aliens, at any time on a case-by-case basis for the purpose of preventing, investigating, or punishing acts that would constitute a crime in the United States, including, but not limited to, terrorism or trafficking in controlled substances, persons, or illicit weapons; or
`(B) with regard to any or all aliens in the database, pursuant to such conditions as the Secretary of State shall establish in an agreement with the foreign government in which that government agrees to use such information and records for the purposes described in subparagraph (A) or to deny visas to persons who would be inadmissible to the United States.'.
2.4 Sec. 414. Visa integrity and security.
(a) Sense of congress regarding the need to expedite implementation of integrated entry and exit data system-
(1) Sense of congress- In light of the terrorist attacks perpetrated against the United States on September 11, 2001, it is the sense of the Congress that--
(A) the Attorney General, in consultation with the Secretary of State, should fully implement the integrated entry and exit data system for airports, seaports, and land border ports of entry, as specified in section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), with all deliberate speed and as expeditiously as practicable; and
(B) the Attorney General, in consultation with the Secretary of State, the Secretary of Commerce, the Secretary of the Treasury, and the Office of Homeland Security, should immediately begin establishing the Integrated Entry and Exit Data System Task Force, as described in section 3 of the Immigration and Naturalization Service Data Management Improvement Act of 2000 (Public Law 106-215).
(2) Authorization of appropriations- There is authorized to be appropriated such sums as may be necessary to fully implement the system described in paragraph (1)(A).
(b) Development of the system- In the development of the integrated entry and exit data system under section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), the Attorney General and the Secretary of State shall particularly focus on--
(1) the utilization of biometric technology; and
(2) the development of tamper-resistant documents readable at ports of entry.
(c) Interface with law enforcement databases- The entry and exit data system described in this section shall be able to interface with law enforcement databases for use by Federal law enforcement to identify and detain individuals who pose a threat to the national security of the United States.
(d) Report on screening information- Not later than 12 months after the date of enactment of this Act, the Office of Homeland Security shall submit a report to Congress on the information that is needed from any United States agency to effectively screen visa applicants and applicants for admission to the United States to identify those affiliated with terrorist organizations or those that pose any threat to the safety or security of the United States, including the type of information currently received by United States agencies and the regularity with which such information is transmitted to the Secretary of State and the Attorney General.
2.5 Sec. 415. Participation of Office of Homeland Security on Entry-Exit Task Force.
Section 3 of the Immigration and Naturalization Service Data Management Improvement Act of 2000 (Public Law 106-215) is amended by striking `and the Secretary of the Treasury,' and inserting `the Secretary of the Treasury, and the Office of Homeland Security'.
Sec. 416. Foreign student monitoring program.
(a) Full implementation and expansion of foreign student visa monitoring program required- The Attorney General, in consultation with the Secretary of State, shall fully implement and expand the program established by section 641(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(a)).
(b) Integration with port of entry information- For each alien with respect to whom information is collected under section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372), the Attorney General, in consultation with the Secretary of State, shall include information on the date of entry and port of entry.
(c) Expansion of system to include other approved educational institutions- Section 641 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.1372) is amended--
(1) in subsection (a)(1), subsection (c)(4)(A), and subsection (d)(1) (in the text above subparagraph (A)), by inserting `, other approved educational institutions,' after `higher education' each place it appears;
(2) in subsections (c)(1)(C), (c)(1)(D), and (d)(1)(A), by inserting `, or other approved educational institution,' after `higher education' each place it appears;
(3) in subsections (d)(2), (e)(1), and (e)(2), by inserting `, other approved educational institution,' after `higher education' each place it appears; and
(4) in subsection (h), by adding at the end the following new paragraph:
`(3) Other approved educational institution- The term `other approved educational institution' includes any air flight school, language training school, or vocational school, approved by the Attorney General, in consultation with the Secretary of Education and the Secretary of State, under subparagraph (F), (J), or (M) of section 101(a)(15) of the Immigration and Nationality Act.'.
(d) Authorization of appropriations- There is authorized to be appropriated to the Department of Justice $36,800,000 for the period beginning on the date of enactment of this Act and ending on January 1, 2003, to fully implement and expand prior to January 1, 2003, the program established by section 641(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1372(a)).
Sec. 417. Machine readable passports.
(a) AUDITS- The Secretary of State shall, each fiscal year until September 30, 2007--
(1) perform annual audits of the implementation of section 217(c)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1187(c)(2)(B));
(2) check for the implementation of precautionary measures to prevent the counterfeiting and theft of passports; and
(3) ascertain that countries designated under the visa waiver program have established a program to develop tamper-resistant passports.
(b) PERIODIC REPORTS- Beginning one year after the date of enactment of this Act, and every year thereafter until 2007, the Secretary of State shall submit a report to Congress setting forth the findings of the most recent audit conducted under subsection (a)(1).
(c) ADVANCING DEADLINE FOR SATISFACTION OF REQUIREMENT- Section 217(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1187(a)(3)) is amended by striking `2007' and inserting `2003'.
(d) WAIVER- Section 217(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1187(a)(3)) is amended--
(1) by striking `On or after' and inserting the following:
`(A) IN GENERAL- Except as provided in subparagraph (B), on or after'; and
(2) by adding at the end the following:
`(B) LIMITED WAIVER AUTHORITY- For the period beginning October 1, 2003, and ending September 30, 2007, the Secretary of State may waive the requirement of subparagraph (A) with respect to nationals of a program country (as designated under subsection (c)), if the Secretary of State finds that the program country--
`(i) is making progress toward ensuring that passports meeting the requirement of subparagraph (A) are generally available to its nationals; and
`(ii) has taken appropriate measures to protect against misuse of passports the country has issued that do not meet the requirement of subparagraph (A).'.