Undertakings of the Department of Homeland Security Bureau of Customs and Border Protection Regarding the Handling of Passenger Name Record Data

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On May 11, 2004, the Department of Homeland Security (DHS), Customs and Border Protection (CBP) issued to the European Union (EU) a document containing a set of representations regarding the manner in which CBP will handle certain Passenger Name Record (PNR) data relating to flights between the United States and EU member states. The document provides the framework within which the EU was able to approve several measures which the EU requires to permit the transfer of such PNR data to CBP, consistent with EU law. On May 17, 2004, the European Commission announced that it had issued an "adequacy finding" for the transfer of such PNR data to CBP, and a related international agreement was also approved for execution by the European Council. DHS wishes to provide the public with notice of the issuance of the document upon which the EU has based these very important decisions.