Contracts for ownership/operation of Sea-Tac Automated Passport Control kiosks
| Submitted | March 6, 2020 |
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Communications
From: Phil Mocek
To Whom It May Concern:
Pursuant to the Washington Public Records Act, I hereby request the following records:
All contracts between Port of Seattle and one or more other parties (including but not limited to U.S. Customs and Border Protection, or "CBP") related to ownership, operation of, or access to, Automated Passport Control kiosks.
The requested documents will be made available to the general public, and this request is not being made for commercial purposes.
In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.
Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.
Sincerely,
Phil Mocek
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Washington Public Records Act request, copied below, and originally submitted on March 6, 2020. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Phil Mocek
Please provide a status update on this request.
From: Port of Seattle
(Request 20-116 - Part 3)
All contracts between Port of Seattle and one or more other parties (including but not
limited to U.S. Customs and Border Protection, or "CBP") related to ownership,
operation of, or access to, Automated Passport Control kiosks.
We are still working with applicable staff as to whether records exist within the Port of Seattle. Due to significant impacts related to the Coronavirus/COVID-19 pandemic and efforts to slow the spread of the virus, we please expect a further response on or before May 22, 2020.
The Port of Seattle also has an external Biometrics External Advisory Group website. There are several links to documents pertaining Biometrics at this website.
A link to the as mentioned above has been provided below:
https://www.portseattle.org/page/biometrics-external-advisory-group
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email 3 (20-116 part 3)-POS Request All contracts between Port of Seattle and one or more other parties...Automated Passport Control kiosks.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Washington Public Records Act request, copied below, and originally submitted on March 6, 2020. You had previously indicated that it would be completed on May 22, 2020. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
From: Port of Seattle
Request 20-116 (Part 3)
All contracts between Port of Seattle and one or more other parties (including but not
limited to U.S. Customs and Border Protection, or "CBP") related to ownership,
operation of, or access to, Automated Passport Control kiosks.
As per applicable, there are no responsive records to the above. Records you pertaining Automated Passport Control Kiosks would be with the US Customs and Board Patrol - https://www.cbp.gov/
You may also visit the Port's Biometrics External Advisory Group as documents are posted to that page - https://www.portseattle.org/page/biometrics-external-advisory-group
From: Port of Seattle
We have located an expired contract and a current Purchase Order, which is a month to month agreement.
Thank you.
From: Phil Mocek
Dear Sir or Madam:
I am in receipt of your e-mail of June 3, 2020. I am puzzled by the set of responses I have received to this request and hope that you can clear things up for me.
On March 6, 2020, I requested contracts between your agency and any other entity related to ownership, operation of, or access to, Automated Passport Control kiosks. These kiosks are systems that are widely-known to be operated on your property. Any responsive records will be contracts to which your agency is party. On May 22, you wrote to me that "there are no responsive records to" my request. At that time, you also wrote, "Records you pertaining Automated Passport Control Kiosks would be with the US Customs and Board Patrol." I took that sentence fragment to mean that you believe that any responsive records would be held by CBP and not by you. That makes no sense to me, as said records would be a contract between you and CBP, and thus something of which you would undoubtedly retain a copy. Further, contracts between you and any other agencies would not likely be held by CBP, who would in that case be an uninvolved party. Later, on June 3, you responded with three purportedly-responsive records, labeled as 1) a signed agreement, 2) an executed agreement, and 3) a purchase order.
I am left to wonder if any contract exists between Port of Seattle and CBP, or between Port of Seattle and another agency, pertaining to APC kiosks. It is not at all clear to me whether you have provided all responsive records, or informed me that no such records exist, or informed me that records exist but you have denied me access to them.
Please advise.
Cordially,
Phil Mocek
From: Port of Seattle
Thank you for your email message and you questions. We will follow up with you by June 10.
From: Port of Seattle
We are continuing to work diligently with applicable staff to ensure we answer your questions and provide you with any responsive records.
Thank you for your patience and understanding.
Please expect a further update by June 15.
From: Port of Seattle
RE: Request 20-116 part 3 and part 4
This is in response to your emails dated June 4 and June 8:
The records we provided were the result of further research as it pertains to the APC (Automated Passport Control Kiosks).
Facial recognition in the international arrivals facility is a function by CBP (US Customs and Border Patrol).
The APC Kiosks came from the Vancouver Port Authority in British Columbia. You received a copy of the contract and a copy of the purchase order.
Attached is a copy of a Commission Memo dated October 13, 2013. A link to the Commission Meeting in which this memo was discussed can be found that the following link:
The kiosks are owned by the Port of Seattle. However, they are controlled by CBP and you are free to reach out to CBP for further information.
For further information please see Port of Seattle website at the following link:
https://www.portseattle.org/page/biometrics-external-advisory-group
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04/20/2020
email 3 (20-116 part 3)-POS Request All contracts between Port of Seattle and one or more other parties...Automated Passport Control kiosks.