Guidance

Justice & Home Affairs

Updated 5 November 2019

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Agreement between the United Kingdom and Australia on the processing and transfer of Passenger Name Record (PNR) data by air carriers to the Australian Customs and Border Protection Service

Description

This agreement provides for the transfer of passenger name record data from UK airlines to Australia and stipulates the conditions under which that data may be used and must be protected.

Will this agreement or arrangement be in place in a no-deal scenario?

Engagement ongoing

Additional Comments

For further information please contact internationalagreements@homeoffice.gov.uk

Lead Department

Home Office

Country

Australia

Source

  • Agreement between the European Union and Australia on the processing and transfer of Passenger Name Record (PNR) data by air carriers to the Australian Customs and Border Protection Service

Agreement between the United Kingdom and Canada on the processing and transfer of Passenger Name Record (PNR) data by air carriers to Canada Border Services Agency

Description

This agreement provides for the transfer of passenger name record data from UK airlines to Canada and stipulates the conditions under which that data may be used and must be protected.

Will this agreement or arrangement be in place in a no-deal scenario?

Engagement ongoing

Additional Comments

For further information please contact internationalagreements@homeoffice.gov.uk

Lead Department

Home Office

Country

Canada

Source

  • Agreement between the European Community and the Government of Canada on the processing of Advance Passenger Information and Passenger Name Record data

Hague 2005

Description

The Convention aims to ensure the effectiveness of exclusive choice of court agreements between parties to international commercial transactions. It does this by providing rules on jurisdiction, including a requirement on non-chosen courts to cede jurisdiction to a chosen court, and enforcement of any resulting judgment.

Will this agreement or arrangement be in place in a no-deal scenario?

Will be in place

Additional Comments

Instrument of accession deposited on 28th December 2018. For further information please see published article and the convention’s status table.

Lead Department

Ministry of Justice

Country

N/A - Multilateral

Source

  • Hague Convention of 30 June 2005 on Choice of Court Agreements

Hague 2007

Description

The Convention provides rules for the international recovery of child support and other forms of family maintenance, and for administrative cooperation between contracting states. It provides rules for recognition and enforcement of maintenance decisions across borders.

Will this agreement or arrangement be in place in a no-deal scenario?

Will be in place

Additional Comments

Instrument of ratification deposited on 28th December 2018. For further information please see published article and the convention’s status table.

Lead Department

Ministry of Justice

Country

N/A - Multilateral

Source

  • Hague Convention of 23 November 2007 on the International Recovery of Child Support and Other Forms of Family Maintenance

Iceland Norway Mutual Assistance

Description

This agreement improves judicial cooperation in criminal matters between the UK, Iceland and Norway.

Will this agreement or arrangement be in place in a no-deal scenario?

Will not be in place

Additional Comments

A mitigation is in place to reduce the impact of this agreement not being in place post Exit Day in the event of a no deal scenario. For further information please contact internationalagreements@homeoffice.gov.uk

Lead Department

Home Office

Country

Iceland, Norway

Source

  • Agreement between the European Union and the Republic of Iceland and the Kingdom of Norway on the application of certain provisions of the Convention of 29 May 2000 on Mutual Assistance in Criminal Matters between the Member States of the European Union and the 2001 Protocol thereto

Lugano Convention 2007

Description

The Convention deals with jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. It applies between EU Member States and Switzerland, Norway and Iceland. Other, non-EU member countries can accede to the Convention under certain conditions. The UK remains committed to seeking to accede to the Convention in our own right.

Will this agreement or arrangement be in place in a no-deal scenario?

Will not be in place

Additional Comments

Will not be in place. However, the UK will continue to prioritise seeking to accede to the Lugano Convention 2007 in all Exit scenarios. For further information please see published article

Lead Department

Ministry of Justice

Country

N/A - Multilateral

Source

  • Convention on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Lugano Convention 2007)

Privacy Shield Agreement

Description

This agreement ensures that the free flow of data continues between the UK-US and that the same level of data protection standards apply to UK citizens’ personal data as under the EU-U.S. Privacy Shield.

Will this agreement or arrangement be in place in a no-deal scenario?

Will be in place

Additional Comments

In the event of the UK exiting the EU on 31 October with a deal, then UK organisations can continue to transfer data to US firms via Privacy Shield for the duration of a transition period.

However, should the UK exit the EU without a deal, UK organisations who wish to transfer data to the US via Privacy Shield should ensure the US recipient has made the necessary update to its commitment to compliance with the Privacy Shield.

Further guidance on the Privacy Shield agreement can be found on the Information Commissioner’s Office (ICO) website

Lead Department

DCMS

Country

USA

Source

EU-US Privacy Shield

Description

This agreement allows for effective cooperation between the UK and Japan in the area of mutual legal assistance in criminal matters.

Will this agreement or arrangement be in place in a no-deal scenario?

Will not be in place

Additional Comments

A mitigation is in place to reduce the impact of this agreement not being in place for post Exit Day in a no deal scenario and negotiations with Japan to replace the treaty are advanced. For further information please contact internationalagreements@homeoffice.gov.uk

Lead Department

Home Office

Country

Japan

Source

  • Agreement between the European Union and Japan on mutual legal assistance in criminal matters

Description

This MOU exists to facilitate the exchange of information for migration related purposes between the United Kingdom and The Republic of Albania

Will this agreement or arrangement be in place in a no-deal scenario?

Will be in Place

Lead Department

Home Office

Country

Albania

Agreement between the United Kingdom and the United States on the processing and transfer of Passenger Name Record (PNR) data by air carriers to the United States Department of Homeland Security

Description

This agreement provides for the transfer of passenger name record data from UK airlines to the United States and stipulates the conditions under which that data may be used and must be protected.

Will this agreement or arrangement be in place in a no-deal scenario?

Engagement ongoing

Additional Comments

For further information please contact internationalagreements@homeoffice.gov.uk

Lead Department

Home Office

Country

United States

Source

  • Agreement between the United States of America and the European Union on the use and transfer of passenger name records to the United States Department of Homeland Security

United States Umbrella Agreement

Description

This agreement provides a high-level data protection framework for UK-US law enforcement cooperation.

Will this agreement or arrangement be in place in a no-deal scenario?

An alternative arrangement will be in place to deliver the effect of the agreement

Additional Comments

For further information please contact internationalagreements@homeoffice.gov.uk

Lead Department

Home Office

Country

United States

Source

  • Agreement between the United States of America and the European Union on the protection of personal information relating to the prevention, investigation, detection, and prosecution of criminal offences (Umbrella Agreement)

Readmissions Agreements

The UK participates in a number of EU Readmission Agreements with third countries. These underpin and facilitate returns from EU member states to third countries.

The UK has a number of bilateral agreements with key third countries that assist in expediting the return of individuals; the EU Readmission Agreements supplement these agreements and provide us a wider range of levers to facilitate returns. The UK will prioritise transitioning EU Readmission Agreements post EU exit in order to maintain, and where possible enhance, the UK’s capability to return individuals. Engagement is ongoing on these agreements.

DEFINITION OF CATEGORIES

Will be in Place

Agreement ready to enter into force on day one of exit, or only administrative or domestic implementation steps outstanding in order for agreement to enter into force on day one.

Expected to be in Place

Agreement on track to be in place for day one, and may have been initialled or agreed in principle, but some steps, such as signature or ratification, remain outstanding.

Engagement Ongoing

Discussions are ongoing with the third country.

Not Expected to be in Place

Existing obstacle(s) to the finalisation of text, signature, or ratification that is unlikely to be overcome in time for day one entry into force.

Will Not be in Place

Not possible to conclude for day one. In some cases, the agreement will nonetheless be in place shortly after day one.