From September 20-22, 2009, the Canadian Section of the
Canada-United States Inter-Parliamentary Group (IPG) was represented at the
fall meeting of the Canadian/American Border Trade Alliance (Can/Am BTA) held
in Washington, D.C. each year. The Co-Chairs of the Canadian Section, Senator
Jerry Grafstein and Mr. Gord Brown, M.P., presented remarks at the meeting.
The Canadian Section of the IPG has a long association
with the Can/Am BTA, and typically attends both the fall meeting in Washington,
D.C. and its spring meeting in Ottawa. The Can/Am BTA is a coalition of
businesses, public-sector organizations and individuals with an interest in
bilateral trade and tourism. Its mission is to maximize commercial activity and
ensure continued growth in cross-border trade as well as efficient and
productive border-crossing capabilities.
Given the Can/Am BTA’s focus, attendance at the meetings
provides members of the Canadian Section with an important opportunity to gain
insight about problems being experienced by businesses and individuals in
respect of trade and tourism as well as about efforts and actions by
governments in both countries to address these problems. Members also benefit
from the opportunity to interact with, and learn from, private- and
public-sector organizations and individuals that deal with border issues on a
daily basis. Finally, attendance at the Can/Am BTA meetings also provides
members of the Canadian Section with an opportunity to inform others about the
range of actions taken by them in respect of shared bilateral goals as well as
differences; this goal is achieved through the remarks that the Co-Chairs of
the Canadian Section are typically invited to give to the meeting participants
as well as through informal discussions. Consequently, the Canadian Section
intends to continue its participation at the Washington and Ottawa meetings of
the BTA.
At the 2009 fall meeting, the sessions focused on:
·Selected U.S. Customs Issues
·Enhancing Security while Facilitating Known, Low-Risk Traffic at
the U.S./Canada Border
·Brokers and Logistics: Selected Issues
·Technology Monitoring
·Canada/U.S. Relations from the Perspective of the United States
State Department
·The Canadian Perspective
·United States Customs and Border Protection Field Operations:
U.S./Canada Border Issues and Priorities
·The Western Hemisphere Travel Initiative (WHTI) and NEXUS:
Overview and Status of Program Operations
·Border, Transportation and Venue Security: Challenges of the 2010
Olympic Games in Vancouver
·Supply Chain Efficiency and Security – Strategies for Deployment
and Implementation: North American Project Lessons Learned
·United States Department of Transportation Inclusive Initiative:
Program Insight, Freight Trends and Border Congestion
·Canada-United States Inter-Parliamentary Group: Observations and
Priorities
·Issues Affecting the Canada-U.S. Border: Perspectives from the
Congressional Northern Border Caucus
·Alberta Update: Energy Overview and Insight.
The comments made by Senator Grafstein and Mr. Brown,
and by other speakers, are summarized below.
SELECTED U.S. CUSTOMS ISSUES
George Weise, Booz, Allen and Hamilton
·modernization of U.S. customs was needed in order to improve
flow, implement enhanced practices and procedures, move to a relatively
paperless system and facilitate legitimate traffic
·with increased traffic flows resulting from implementation of the
North American Free Trade Agreement, customs modernization was required
·border enforcement must be balanced with trade facilitation
·prior to the terrorist attacks of September 11, 2001, the focus
of customs enforcement was largely related to the smuggling of drugs
·in the past, port personnel and immigration personnel often
worked side-by-side; now, they have synergies, there is less duplication, etc.
·while there is a bright future ahead, the journey will be
"tough"
ENHANCING SECURITY WHILE FACILITATING KNOWN, LOW-RISK
TRAFFIC AT THE U.S./CANADA BORDER
Deborah Meyers, United States Department of
Homeland Security
·Secretary of Homeland Security Janet Napolitano is very familiar
with the U.S.-Mexico border but is making a point of getting to know the issues
that exist in respect of the shared U.S.-Canada border
·the intertwined communities, relationships, economies, etc. along
the shared border are recognized
·there are preclearance operations at all major Canadian airports
·the Department of Homeland Security's largest overseas presence
is in Canada
·Secretary Napolitano's priorities include:
ojoint threat and risk assessments
omanaging risk, since it is not possible to inspect everything and
everyone
osharing information in advance in order to ascertain who is
coming in, what needs to be inspected and what level of inspection is needed
ointegrated law enforcement operations
oleveraging resources, such as shared border facilities
oworking in partnership on border management in order to safeguard
security without compromising trade
ocollaboration with foreign governments, the private sector, other
U.S. federal departments, local law enforcement, etc.
ocountering, and protecting against, the persistent and evolving
threat of terrorism
osecuring shared borders
osmart and tough immigration enforcement
opreparing for, and responding to, disasters with an all-hazards
approach
omaturing and
unifying the Department of Homeland Security
BROKERS AND LOGISTICS: SELECTED ISSUES
Matthew Parrott, A. N. Deringer
·the U.S. Farm Bill changes to the Lacey Act expanded
protection to a broader range of plants and plant products, and it is now
illegal to import, export, transport, sell, receive, acquire or purchase plants
and plant products if the plant is taken in violation of any federal, state,
tribal or foreign law that protects plants
·it is illegal to import, into the U.S., certain plants and plant
products without an import declaration; the declaration – PPQ Form 505 –
requires 18 data elements, including:
othe estimated date of arrival
othe importer name and address
othe consignee name and address
oa description of the merchandise
othe scientific name of the merchandise
othe value of the import
othe quantity of the plant imported
othe country of origin of harvest
othe unit of measure
ofor paper and
paperboard products, the average percent of recycled content, regardless of
species or country of origin
·the submission of the PPQ Form 505 was optional during the Phase I
enforcement period, which lasted from December 12, 2008 to March 31st,
2009
·Phase II, which was due to start on April 1st, 2009
but was delayed until 1 May 2009 and which continues until September 30, 2009,
phases in products on the basis of the degree of processing and complexity of
their composition
·Phase III begins on October 1st, 2009 and ends on
March 31, 2010, while Phase IV begins on April 1st, 2010 and ends on
September 30, 2010
·Phase III will address products that are relatively more
processed and that are of relatively more complex composition than those
addressed in Phase II
·exclusions include:
ocommon cultivars, except trees
ocommon food crops and products thereof
oscientific specimens for research
oplants to
remain planted or to be replanted
·at this time, the Animal and Plant Health Inspection Service
(APHIS) of the U.S. Department of Agriculture does not intend to enforce the
declaration requirement in situations that include:
oinformal entries
omost personal shipments
omail, unless subject to formal entry
oin-transit
movements
·the APHIS will carry out enforcement only for the product being
imported and not for sundries that ordinarily accompany the product, such as:
otags
olabels
omanuals
owarranty cards
·non-compliance could result in civil penalties of up to
US $10,000 per violation and criminal penalties of up to US $500,000
per violation as well as up to five years in prison; refusal of entry might
also occur and, for those who are not knowing violators, there is a civil
administrative penalty of US $250 for failure to comply with declaration
requirements
Mary Ann Comstock, UPS Supply Chain Solutions,
Inc.
·Predictive Risk-based Evaluation for Dynamic Import Compliance
Targeting (PREDICT) will replace the admissibility screening portion of the
U.S. Food and Drug Administration's Operational and Administrative System for
Import Support (OASIS); OASIS is the only system in the U.S. federal government
that exchanges import admissibility data with U.S. Customs and Border
Protection in real time, and provides:
oelectronic screening of entry lines
oworkflow management for entry reviewers, inspectors and
compliance officers
onotices
regarding admissibility decisions
·the objective of PREDICT is to improve import screening and
targeting in order to:
oprevent the entry of adulterated, misbranded or otherwise
violative goods
oexpedite the
entry of non-violative goods
·the focus of implementation of phase 1 of PREDICT is food and
drugs; a 2007 pilot project regarding seafood entering the United States at five Los Angeles ports was successful
·for the PREDICT automated process to work properly, accurate,
consistent and complete data are required; if inaccurate, inconsistent or
incomplete data are submitted, a manual review process is used and clearance is
delayed
·to expedite entry screening by PREDICT, entry filers must
provide:
oconsistent, accurate identifiers for firms
oaccurate product codes
oall relevant
affirmations of compliance, which are data elements submitted voluntarily to
the Food and Drug Administration to expedite the entry review process
·with accurate, consistent and complete data, PREDICT is able to
issue system "may proceed" decisions quickly for low-risk,
non-violative shipments
·PREDICT will:
ouse automated data mining and pattern discovery
ouse open-source intelligence
oprovide automated queries of Food and Drug Administration
databases where relevant
oimprove the
"hit" rate for exams and samples by: scoring each entry line on the
basis of risk factors and surveillance requirements; increase the number of
automated, real-time, risk-based "may proceed" decisions; and, for
those lines not given an automated "may proceed," providing reviewers
with the line scores and the reasons for those scores
Bob Perkins, Booz, Allen and Hamilton
·port modernization has evolved over time; an encompassing view of
port modernization is needed
·there are a variety of questions:
owhat rules or models exist when modernizing ports?
ohow does the U.S. Customs and Border Protection envision
prioritizing the modernization of ports?
owhat will be the program drivers for port modernization?
ohow will multiple government agencies decide prioritization?
owhat local,
state, regional and national commercial interests will be considered when ports
are being modernized?
·port modernization initiatives should present a blended solution
that addresses the actual requirements at the border and, unlike the past,
should take an encompassing, holistic view of border conditions and the actual
requirements of multiple agency functions performed at the port; many current
or planned initiatives for port modernization require an encompassing view to
realize a blended solution
·in modernizing ports, future requirements and technological
opportunities should be kept in mind
·to date, the introduction of new technology and its
implementation have not been evolutionary processes, but more piecemeal and
consistent with statutory and/or regulatory changes
·port modernization initiatives are relatively more focused on
domestic proprietary requirements than on the synergies that may evolve from
bilateral solutions
·at the Canada-U.S. border, there have been a number of
reconstruction efforts to modernize facilities in order to upgrade services
·port modernization should be guided by seven principles:
oseriously analyze known and expected operational requirements
that exist or that may exist at the location
osolicit local, state and federal government input for the
analysis, free from interference by any regulatory agency
oinclude the private sector and relevant local government authorities
when the analysis and discussions occur
oremove the notion that the only geographical considerations are
those that involve rearrangement within existing border real estate
odiscontinue the failed assumption that the modernization of any
one port provides the exact template for any other initiative
orequire all port modernization efforts to include alternative
proposals and variables or "what ifs"
oensure that
modernization efforts include the analyses of known or estimated change factors
·the analysis factors for a proposed port modernization should
include:
oport modernization decisions should be made only after a serious
and inclusive analysis of operational requirements
oan early effort should be made to include officials that have
oversight over the foreign port across the shared border in order to determine
the synergies that can be realized from bilateral efforts
omodernization efforts should consider the volume of inspections
at the primary and secondary stations that will occur over a 50-year period
othe design strategy should consider all agencies and respective
missions that may influence the structural design and processing layouts for
port modernization
othe analysis should include seasonal fluctuations, vacation
conditions and travel patterns changed by new construction
othe guiding
principles and supporting analysis for port modernization should focus on the
processes that build a system grounded on blend solutions:
§the U.S. Customs and Border Protection mission
§electronic vetting of passenger and shipment data and the
introduction of new technology
§participating government agencies and local government
requirements
§facilitation of passenger and trade traffic
§security
CANADA/U.S. RELATIONS FROM THE PERSPECTIVE OF THE
UNITED STATES STATE DEPARTMENT
Roberta Jacobson, United States Department of
State
·there is a deep and profound relationship between Canada and the
United States, and the two countries are participating – as members and allies
on policy issues – in a variety of international fora
·while the North American Leaders' Summit is still the Security
and Prosperity Partnership (SPP) in many ways, the change in name reflects a
change in emphasis
·the SPP is a bottom-up initiative and its more than 300
deliverables obscured the message of the North American leaders
·at the conclusion of each North American Leaders' Summit, the leaders highlight a limited number of issues that are important at the time
that the leaders happen to be meeting
·the United States cannot recover from the recession without the
recovery of North America more generally
·some aspects of the shared border are working well, while others
are not
·vibrant, open trade is a priority for both President Obama and
Prime Minister Harper
·to date, there is about 95% compliance, on both sides of the
shared border, with the Western Hemisphere Travel Initiative, which was
implemented in a logical, common-sense manner; the Initiative helps to move
legitimate traffic across the border
·in the American Recovery and Reinvestment Act of 2009,
funds have been allocated for border infrastructure, although the
infrastructure deficit is still significant
·the U.S. recognizes that “Buy American” provisions are causing
consternation in Canada, and a variety of solutions are being explored; the
integrated nature of firms and sectors, as well as the existence of North
American supply chains, is recognized
·overall, the Canada-U.S. relationship continues to be strong
bilaterally, multilaterally and globally
·the United States is deeply grateful for Canadian support of the
mission in Afghanistan
THE CANADIAN PERSPECTIVE
Guy Saint-Jacques, Canadian Embassy
·the boundary between Canada and the United States is a mutual,
shared border
·the current global economic crisis has affected cross-border
trade, and reducing border-related costs is more critical now than ever before
·the U.S. exports four times as much to Canada as it does to China, and 35 U.S. states have Canada as their primary foreign export market
·about 7.1 million U.S. jobs rely on bilateral trade
·in thinking about borders, it should be recognized that "one
size does not fit all"
·U.S. Secretary of Homeland Security Janet Napolitano and Minister
of Public Safety Peter Van Loan will meet at least twice each year in order to
monitor progress in respect of shared goals
·Canada and the United States should have a shared future vision
that advances both security and prosperity, which are linked; a risk-management
approach should be used, and investments in infrastructure should occur
·overly complex border requirements can lead to security problems
·there is joint recognition that the world has changed, and it is
no longer possible to cross the border without appropriate documentation
·cooperation at various levels in both countries is continuing and
expanding, and pragmatic solutions to problems are being sought
·eight years after the terrorist attacks of September 11, 2001,
people and businesses have largely "moved on," with people acquiring
needed documentation, businesses investing in secure supply chains, etc.
·consideration should be given to consolidating existing programs
before new measures are introduced
UNITED STATES CUSTOMS AND BORDER PROTECTION FIELD
OPERATIONS: U.S./CANADA BORDER ISSUES AND PRIORITIES
Tom Winkowski, United States Customs and Border
Protection
·a great deal is happening at the shared land border, in part
because of funds contained in the American Recovery and Reinvestment Act of
2009
·wait times have an economic impact
·while wait times are lower, so too is traffic; at some point, the
economy will recover and traffic will rebound
·the U.S. is facing difficult times ahead in terms of the budget;
in some sense, the "good years are in the rearview mirror"
·with reduced traffic flows, user-fee revenues are reduced
·the Western Hemisphere Travel Initiative (WHTI) was "very,
very" successfully implemented; it is the first National Commission on
Terrorist Attacks Upon the United States (9/11 Border Commission)
recommendation that has been fully implemented
·a reasonable approach has been taken with those who, since full
implementation of the WHTI, have lacked WHTI-compliant documentation;
compliance has been 98.2% at the U.S.' northern border and 93% at its southern
border
·the land borders that the U.S. shares with Mexico and with Canada should become "saturated" with
radio-frequency-identification-enabled (RFID-enabled) documents; passports are
WHTI-compliant but are not RFID-enabled
·electronic signs can be used to designate NEXUS, Free and Secure
Trade (FAST) and/or RFID-enabled lanes, as required, to manage traffic better
·high-quality data – including in respect of wait or dwell times
and processing times – are needed to support decision making, and data should
be collected using a common methodology
·border points should be fully staffed before traffic volume rises
in order to ensure that traffic flows are not slowed
·improvements must be made regarding wait-time management and the
collection of wait-time information
·a land border modernization office, which will focus on both of
the U.S.' shared borders, will be established
·as border facilities are designed, there must be a focus on the
future; new ports of entry that have the right footprint now and for the
future, including to accommodate technology, are needed
THE WESTERN HEMISPHERE TRAVEL INITIATIVE AND NEXUS:
OVERVIEW AND STATUS OF PROGRAM OPERATIONS
Colleen Manaher, United States Customs and Border
Protection
·full implementation of the Western Hemisphere Travel Initiative
(WHTI), which was completed on June 1st, 2009, should result in
improved safety and security as well as a more efficient and timely crossing of
the shared border
·effective WHTI communications initiatives have resulted in high
rates of compliance at the northern and southern borders that the U.S. shares
with Canada and Mexico respectively
·compliance rates drive enforcement decisions
·processing times at the border are reduced when people use
documents embedded with radio frequency identification (RFID) technology;
increasing the "saturation" of RFID-enabled documents is a desirable
objective
·in some respects, lessons are learned on the U.S.' southern
border with Mexico and they are then applied at the northern border with Canada
·the U.S.-Mexico border is relatively dangerous, and resources
must be devoted to it
·there is a need to think innovatively about how traffic is
managed; for example, LED signage deployment may be useful
John Wagner, United States Customs and Border
Protection
·there has been a relatively dramatic increase in NEXUS enrolment
and use; enrolment in Free and Secure Trade (FAST) is also rising
·NEXUS is one measure in a range of options that reflects a
risk-management approach to the border that saves time for travellers and
enables U.S. Customs and Border Protection to focus its resources on those with
unknown or relatively higher risk
·some of the lessons learned with NEXUS and FAST, among others,
were useful for implementation of the Western Hemisphere Travel Initiative
·in order for NEXUS and FAST to work, timely approval of
applications must occur and the result must be faster processing at border
points
BORDER, TRANSPORTATION AND VENUE SECURITY: CHALLENGES
OF THE 2010 OLYMPIC GAMES IN VANCOUVER
Mark Camillo, Lockheed Martin Corp.
·mega-events that will be viewed globally attract extremists,
zealots and terrorists
·the Olympic Games have a history of being targeted for
terrorist-type activities
·since Washington State is so close to Vancouver and Whistler, an
attack that occurs at the 2010 Winter Olympics would affect the U.S.
·security should be an enabler of the event, not the focus of the
event
·in getting ready for an event like the Olympics, attention should
be paid to identifying and addressing vulnerabilities in order to reduce the
chance of something going wrong; prevention is preferred to waiting and then
reacting
·most terrorist attacks occur at arrivals, departures and mass
gatherings at pre-determined times
·communications and collaboration are key, since everyone needs to
be "on the same page"
SUPPLY CHAIN EFFICIENCY AND SECURITY – STRATEGIES FOR
DEPLOYMENT AND IMPLEMENTATION: NORTH AMERICAN PROJECT LESSONS LEARNED
John Mohler, Lockheed Martin Corp.
·efficient supply chain movements along trade and transportation
corridors is an important goal
·with a focus on visibility and efficiency, security will be the
result
·the focus of those who seek to do harm is likely to be situations
that will enable maximum penetration as quickly and inexpensively as possible
·authorities must be prepared to respond, in real time, to what
the data reveal
·some goods are relatively hard to insure because of a high rate
of theft
·warehousing and distribution are key parts of the supply chain
and the key points at which theft-reduction efforts should be directed
UNITED STATES DEPARTMENT OF TRANSPORTATION INCLUSIVE
INITIATIVE: PROGRAM INSIGHT, FREIGHT TRENDS AND BORDER CONGESTION
Tony Furst, United States Department of
Transportation
·freight needs to get to all corners of the United States and to
all communities; systems and networks should be harmonized and rationalized
·the U.S. population is concentrating in mega-regions; with many
points in the U.S. where freight is entering, corridors are developing between
the point of entry and these mega-regions
·freight and passenger corridors should be co-located
·since Canada and Mexico are working on their corridors, the U.S.
should determine where the links can be made at the border and should make
investments there
·travel-time reliability on transportation corridors is very
important
CANADA-UNITED STATES INTER-PARLIAMENTARY GROUP:
OBSERVATIONS AND PRIORITIES
Gord Brown, M.P., House of Commons of Canada
·the Canada-U.S. Inter-Parliamentary Group (IPG)
is comprised of American and Canadian federal legislators, and was formed 50
years ago as a forum for finding points of convergence in our respective national
policies, initiating dialogue on points of divergence, exchanging information,
and promoting better understanding between the Canadian Parliament and the U.S.
Congress on shared issues of concern
·the IPG convenes an annual meeting, which
alternates between Canada and the United States, and over a two-day period
delegates seek to identify shared values and find possible solutions to a
variety of bilateral and multilateral matters of concern to both countries
·the IPG's most recent annual meeting was held in
La Malbaie, Quebec in May, where the U.S. was represented by six Senators and
four members of the House of Representatives, and the Canadian delegation
included eight Senators and fourteen members of the House of Commons; delegates
met in plenary sessions and in committee sessions to discuss a range of
important bilateral issues, including the border as well as economic and
financial recovery from the current crisis
·from time to time, members of the Canadian
Section of the IPG meet with federal counterparts in Washington, and
participate in national and regional conferences of governors and state
legislators; members also attend national and regional summits organized by
business groups and participate in important venues, including with the Can/Am Border
Trade Alliance
·during the IPG’s annual meeting in May, the
issue of the shared border was discussed; Canadian legislators talked about the
integrated economic and personal relationships that exist and about the need,
for the sake of these relationships and for a host of other reasons, for an
efficient and secure common border
·many Canadian stakeholders continue to have
concerns about security-related measures, as well as fees and regulations,
implemented unilaterally by the U.S.; in some – if not most – cases, these
measures lead to higher border-crossing costs that no one can afford,
particularly in times such as these and especially if there is no real increase
in security as a result
·at the IPG's annual meeting, border-crossing
costs were highlighted when a Canadian Parliamentarian asked delegates to
consider the lost productivity associated with something as seemingly
insignificant as an additional delay of 15 seconds per truck, which adds up
over time and when the number of trucks crossing the border each day is
considered
·at the meeting, another Canadian Parliamentarian
advocated a border czar with a structure similar to the International Joint
Commission, which seems to have worked well for our countries; he also spoke
about the benefits of trusted traveller and shipper programs, such as NEXUS and
FAST, but noted that the Western Hemisphere Travel Initiative has had severe,
negative impacts on cross-border tourism
·Canadian Parliamentarians also identified a need
to “pull silos together” in order to get a full perspective on what is truly
happening at the border
·another member of the delegation told
participants that, from the Canadian perspective, U.S. actions have thickened
the border and with effects that do not always seem to enhance security: there
is no reason to add requirements that do nothing more than slow down our
economies
·another Canadian, who reminded participants
about the successful bilateral efforts that occurred with the December 2001
Smart Border Action Plan, advocated a bilateral task force headed by the
Canadian Minister of Public Safety and the U.S. Secretary of Homeland Security;
in his view, there needs to be a deeper understanding of the differences
between the Canada-U.S. and the Mexico-U.S. borders, since each has unique characteristics
·in the view of still another Canadian
participant at the IPG's annual meeting, there is no threat to the United State
that is not also a threat to Canada; in supporting the principle of North
American perimeter security, he advocated bringing each country’s security
apparatus together as well as developing a common set of objectives on security
and immigration with the aim of a smarter border that flows better
·in response to the comments made by Canadian
Parliamentarians, one American legislator identified the need to take actions
designed to promote tourism and commerce, while a colleague said that something
like the Smart Border Action Plan should be reinstituted; in his opinion, if no
one is responsible, nothing gets done
·during their February 2009 visit in Ottawa,
President Obama and Prime Minister Harper instructed senior officials to renew
a dialogue on border management; during a recent White House visit, they spoke
about our economic integration and the strength that is provided to each
country as a consequence, and noted that open trade and investment are
essential for competitiveness and sustainable growth in North America and
worldwide
·open trade, competitiveness and sustainable
growth are more easily assured when the border is functioning as it should
·the IPG's message to U.S. legislators – federal
and state, as well as governors – will continue to be: while Canada supports
the United States in its focus on the security of the border, we believe that a
risk-based approach to managing the shared border, along with constructive
discussion about both border security and border facilitation concerns, must
occur; trade facilitation and security at the common border must be balanced as
both countries pursue North American prosperity and global competitiveness
·one of the resolutions adopted at the IPG's
recent May meeting said:
The Canada-U.S. Inter-Parliamentary Group recognizes the
unique characteristics of our border and our history of cooperation under the
Shared Border Action Plan. Recognizing concerns about delays at our border, the
Group recommends that our governments immediately launch an impact study of
border-related issues, and establish a comprehensive bilateral task force for
the development of common standards and principles aimed at facilitating the
cross-border flow of goods and people as well as promoting tourism, while
sustaining security. This task force should provide a timely report and
implementation plan.
The Group further commends progress on both sides of our
border regarding the new Detroit River International Crossing at
Windsor-Detroit and encourages swift completion of this and other vital border
infrastructure improvements
·at the National Governors Association meeting in
July 2009, U.S. Secretary of Homeland Security Napolitano commented that the
U.S.’ northern and southern borders must operate as real borders; while many
who reside in border communities in both Canada and the U.S. miss the ease with
which they used to cross the common border, the importance of security is
recognized, although some wish the focus was on perimeter security rather than
the 49th parallel
·Canada too is concerned about security, and the
request remains unchanged: recognize the shared nature of the common border,
and work with appropriate departments, agencies and groups in Canada on the
shared management of what is a shared responsibility; it is not Canada’s border
and it is not the U.S.’ border: it is a common border, and the need for
security at that border must be balanced with the need to ensure the efficient
movement of trusted goods and travellers across what should be, in our view, a
secure yet seamless border
·another important issue on the Canadian Section of the IPG’s
agenda for the future is protectionism and, more particularly, the “Buy
American” provisions
·for a number of months, members of the Canada Section of the IPG
have been active in conveying to American legislators and governors the harmful
effects that are occurring as a result of these provisions, which are seen by
many to be protectionist measures that should be avoided as we seek a global
economic and financial recovery
·the same message is being delivered by others as well; various
federal and provincial legislators in this country as well as business groups
and others have made their voices heard
·earlier this summer, Canadian Premiers met and added their
collective voice to these other voices – in the federal Parliament, in
provincial legislatures, and in a variety of sectors and communities – about
the “Buy American” provisions that, in the view of some, are denying access by
Canadian companies to contracts in the U.S.
·Prime Minister Harper spoke to President Obama about
protectionism at the North American Leaders’ Summit in Mexico and at a White
House meeting, and will likely discuss it at the G-20 meeting in Pittsburg;
Prime Minister Harper has also spoken with members of Congress about the issue
·the “Buy American” provisions, which are contained in the American
Recovery and Reinvestment Act of 2009 and which are creeping into other
legislation, are sending the wrong signal
·reputable international organizations like the
International Monetary Fund, the World Trade Organization and the World Bank
are saying that protectionist measures are exactly the wrong direction to be
taking
·the “Buy American” provisions are having
detrimental effects on Canadian businesses, and they are undermining the
economic progress we are seeking
·while the pressure that legislators face to safeguard domestic
jobs and industries during these difficult times is understandable, and while
protectionism is one tool that might be used to achieve this result, higher
tariffs, subsidies, licensing requirements, restricted entry, anti-dumping
actions, higher standards and bans impede the recovery that we seek
·protectionism is not the answer; at the IPG’s
May meeting, a Canadian Parliamentarian noted the strong commitment of leaders
of the G-20 nations to “get on with recovery efforts together,” and the need to
avoid protectionism; he suggested that the “Buy American” provisions in U.S. legislation are giving rise to “Buy
American” procurement initiatives and pressures, and that an
open procurement approach at the sub-national level is needed
·At the IPG’s May meeting, Canadians also made comments
about the involvement of producers in both of our countries in global supply
chains and about the need for a “Buy North American” strategy
·it was suggested that – at times – one must
return to first principles: the need to develop North America as a competitive
global exporter and to support the North American supply chains that are
important for global competitiveness; in the view of this Canadian
Parliamentarian, North America must become a model of “coordinated competition”
and countries must resist the drift toward protectionism which – during the
Great Depression – made the situation worse rather than better
·the need to treat North America as an entity and to focus on its
competitiveness was supported by an American legislator who – in addition to
mentioning global and North American supply chains – noted that states and
provinces must be urged to avoid protectionism as well; “Buy American” should
be “Buy North American”
·another American suggested something that all of us know all too
well: protectionist sentiments are relatively less likely to exist when
economies are doing well; in his view, if American taxpayer dollars are going
to be used to build U.S. infrastructure, ensuring a substantively “Buy
American” approach is reasonable, if not expected
·another American delegate attending the May meeting noted the
economic damage caused by protectionism
·as was the case with the border discussion, Canadian and American
legislators at the May meeting were able to agree on a resolution:
The Canada-U.S. Inter-Parliamentary Group concurs with
the statement of the President of the United States during his February 2009
visit to Canada that “now is a time where we’ve got to be very careful about
any signals of protectionism.” Therefore, the Group recommends that legislators
and governments at all levels in both nations resist the temptations of
protectionism which lead to economic disruption and damage to supply chains,
and work to foster North American procurement as well as manufacturing and
supply chains. Integrated supply chains are mutually beneficial in allowing our
products to compete in the world.
·some of the regional state legislator and governor meetings this
summer have been sending the right message: the Midwest-Canada Relations
Committee at the Council of State Governments – Midwest meeting adopted a
resolution against trade protectionism that was subsequently adopted as a
resolution by the broader conference; a similar resolution supporting open
trade was adopted at the September meeting of New England Governors and Eastern
Canadian Premiers
·as the Canadian Section of the IPG continues discussions with
American legislators and governors about the border, we will likewise also
speak with them about the need for open trade – which is facilitated by a
smoothly functioning border – at every available opportunity
Senator Jerry Grafstein, Senate of Canada
·the common border between the United States and
Canada is getting thicker, not thinner, and things are getting worse, not
better; things need to improve, not degenerate further
·in summer 2009, the Brookings Institution
suggested that a “one-size-fits-all” approach to border security after the
September 2001 terrorist attacks had slowed trade and commerce
·in July 2009, the Tourism Industry Association
of Canada announced that the number of U.S. tourists visiting Canada is at a
37-year low; reasons are thought to include the recession and new rules about
the documentation required to cross the shared border
·the Brookings Institution report, entitled
“Toward a New Frontier: Improving the U.S.-Canadian Border,” contains a number
of insights and recommendations, including a two-speed approach to the Canadian
and Mexican borders, and the formation of a joint infrastructure planning
council for the land borders and along the border corridors
·far too many shippers and travellers have delays
as their shared-border experience; delays have costs, and costs mount quickly
·both the United States Customs and Border
Protection and the Canada Border Services Agency have websites that estimate
delays at land border points; on the Canadian side, these times are updated
hourly and some land border points routinely have a ten-minute delay – which
equates to one week wasted per year – while others have a delay that is double
that time
·if for no other reasons than tourism, trade,
jobs, productivity and competitiveness, positive and substantive progress on
border issues must occur
·a great deal is happening at the border, but not
always with positive effects, and there are many studies by academics and
others with a great many recommendations; what is needed is more and positive
action
·in December 2008, Ottawa’s Carleton University
organized a conference as part of its “Canada-U.S. Project” and, in January
2009, released a document entitled “From Correct to Inspired: A Blueprint for
Canada-U.S. Engagement;” it contained recommendations for revitalization of the
bilateral relationship
·the visits that President Obama and Prime
Minister Harper have had seem to have gone well, including in February in
Ottawa, in early September in Washington, and at international fora such as the
North American Leaders’ Summit and the meetings of the leaders of the G-20
nations
·from the private-sector perspective, the
Canadian Council of Chief Executives and the Canadian Chamber of Commerce have
done work in support of the North American Competitiveness Council and the
Security and Prosperity Partnership, and in publishing border-related reports
·the Chamber of Commerce has published a number
of documents about the border and about Canada-U.S. engagement: “Finding the
Balance: Reducing Border Costs While Strengthening Security,” which members of
the Inter-Parliamentary Group distributed to some members of Congress in April
2008, “A Canada-U.S. Border Vision,” which specifies five border principles for
Canada’s engagement with the U.S., and “Finding the Balance: Shared Border of
the Future,” which provides a number of priority near-term and practical
recommendations related to such topics as trusted shipper and traveller
programs, preclearance, electronic reporting, increased staffing and training,
hours of service, cross-border travel documentation, technology, infrastructure
and a border contingency plan
·border-related work is also being done by the
Pacific NorthWest Economic Region, or PNWER; in summer 2008, PNWER released the
PNWER Border Charter and established a Border Solutions Coordination Council
·PNWER has also indicated that it will clearly
articulate shared border priorities and will monitor governmental activities –
in both countries and at the federal and state/provincial/territorial levels –
in order to ensure that the region’s needs are taken into account in the
development and implementation of border policies; it will also issue an annual
State of the Border Report Card that will measure the extent to which
governments have taken action on the region’s priorities
·other private-sector organizations are also
doing work on the border, including the Canadian/American Border Trade Alliance,
which – day after day and week after week – presses for the changes that
are needed at the border
·a letter was sent to Senator George Voinovich in
which eight border-related problems and possible solutions were outlined;
finding and implementing solutions will require concerted bilateral actions and
political will, and everyone must be focused on the same goal: facilitating the
movement of identified no- and low-risk trade and individuals across the common
border while respecting the security imperative
·the eight problem areas identified to Senator
Voinovich are:
oinadequate staffing
oinadequate capacity at the Detroit-Windsor
crossing
olower inspection rates for members of trusted
shipper programs
oavoiding re-inspections when cargo has already
been inspected, cleared and secured in one country
ofull exemption from the U.S. “secure flight”
rule for all Canadian overflights of U.S. territory
obaggage re-screening
oAnimal and Plant Health Inspection Service – or
APHIS – fees
ocertain issues related to the Western Hemisphere Travel Initiative,
which is now fully implemented
·the Canada-U.S. border is a common or shared
border: it is not the United States’ border and it is not Canada’s border; it
is the border that our nations share, and this joint responsibility requires
joint decision making
·the shared nature of the border also requires
solutions that are commensurate with its problems, challenges or shortcomings;
a one-size-fits-all border solution by the U.S. will not work, which is why the
unique attributes and challenges of the northern border that the U.S. shares
with Canada should be recognized as distinct from the unique attributes and
challenges of the southern border that the U.S. shares with Mexico
·regarding the shared border, some progress has
been made in too few areas, which is why everyone must continue to work hard
·border delays of various sorts and their
attendant costs have been the results of inadequate progress; higher costs are
the result of fees and documentation required of individuals and businesses,
while health-related costs are associated with the effects of the pollution
associated with idling cars
·because of border-related delays, “just-in-time”
inventory systems have had to become “just-in-case” inventory systems
·our countries share the same goal: a hassle-free
border that facilitates trade, rather than hinders it, as we work toward
enhanced North American prosperity; Canada, too, is concerned about security,
since both of our countries are vulnerable: the common enemy has ill-intent for
both of our nations, and we need to work together to ensure that terrorists
cannot enter North America
·the need for security must be balanced with the
need to ensure the efficient movement of trusted goods and travellers across
what should be a seamless border
ISSUES AFFECTING THE CANADA-U.S. BORDER: PERSPECTIVES
FROM THE CONGRESSIONAL NORTHERN BORDER CAUCUS
Greg Regan, Office of U.S. Representative Louise
Slaughter
·the Western Hemisphere Travel Initiative should be monitored to
ensure that the U.S.' most important trade relationship is not disrupted; the
trade relationship that the United States has with Canada must not be
disrupted, since doing so would disrupt the U.S.' economic recovery
·an efficient shared border is important for the entire U.S.
economy
·the Canada-U.S. border differs from the Mexico-U.S. border, and
different problems require different solutions
ALBERTA UPDATE: ENERGY OVERVIEW AND INSIGHT
Gary Mar, Government of Alberta
·in September 2008, the signs of a global recession were just
emerging; one year later, the world is dramatically different and governments
worldwide are focused on getting their economies "back on track"
·both Canada and the United States should ensure that the common
border is free of barriers; countries should increase trade rather than erect
barriers or engage in protectionist behaviour
·smooth borders and efficient transportation corridors are needed
in order to capitalize on the benefits of trade and trade agreements
·just under 30% of Alberta's exports are destined for the United
States, and the U.S. is the source of two-thirds of Alberta's foreign direct
investment
·Alberta is a reliable supplier of energy to the United States
·Alberta's energy resources will be an important part of
Alberta's, Canada's and the U.S.' economic recovery
·for half a century, energy has been the backbone of Alberta's
economy; Alberta is second to Saudi Arabia in terms of proven oil resources and
its oil sands are an attractive investment opportunity
·environmental stewardship is a top priority for Alberta
·carbon capture and storage is an important part of President
Obama's clean energy strategy
·in situ oil sands operations have a relatively smaller
footprint
·Alberta is part of the Ports-to-Plains initiative
Respectfully
submitted,
Hon. Jerahmiel Grafstein, Q.C.,
Senator
Co-Chair
Canada-United States
Inter-Parliamentary Group
Gord Brown, M.P.
Co-Chair
Canada-United States
Inter-Parliamentary Group