Home Border Cooperation Key Border Reports Government's Response to the Report of the Standing Committee on Foreign Affairs and International Trade "Towards a Secure and Efficient Border"

Government's Response to the Report of the Standing Committee on Foreign Affairs and International Trade "Towards a Secure and Efficient Border"

For the full text of the report, see:

http://www.parl.gc.ca/InfoComDoc/37/1/FAIT/Studies/Reports/sintrp05-e.htm

Introduction

The Government of Canada recognized the issues raised by the Report and responded vigorously to address them. The Report's recommendations either have been or are being addressed by Budget 2001 or the Smart Border Declaration. The Government of Canada is in agreement with the central theme of the report, that is the critical importance to Canada of maintaining a secure and trade efficient border with the U.S.

The attacks of September 11 brought the economic interdependence of our two countries into sharp focus. The need for increased security without disruption of legitimate trade and travel was underlined most dramatically by the long lines that resulted from the heightened state of alert at all border crossings. The Government of Canada moved quickly to address this new urgency by rapidly engaging the U.S. Government, and in particular the new Director of Homeland Security Tom Ridge.

On December 12, 2001, then-Minister of Foreign Affairs John Manley and Director Ridge signed the Smart Border Declaration. The objective of the Canadian Government in signing this declaration was to ensure that the U.S. preoccupation with border security took into account the need to ensure the economic security of both countries by keeping the border open and trade flowing efficiently. The Declaration includes a thirty point Action Plan for Creating a Secure and Smart Border which was agreed upon bilaterally with the Americans. The thirty points are being negotiated by different government departments and agencies on both sides of the border. A report of progress on all thirty points will be presented to Prime Minister Chrétien and President Bush prior to the G8 Summit meeting in Kanasaskis in June.

Within the Action Plan, both countries agreed to four priorities: the secure flow of people, the secure flow of goods, the security of infrastructure, and coordination and information sharing in the enforcement of these objectives. The Action Plan is intended to address both the problems of border management which became apparent after September 11, and those which had already been identified prior to the terrorist attacks in the U.S.

Even before September 11 there was a need to improve upon the existing border management model in order to provide secure, efficient movements of legitimate goods and travellers across the border. The Government of Canada was aware of this need, and had been working internally, and bilaterally with the U.S. to address these concerns for several years prior to September 11, 2001. The goal of both Governments is not to return the border to its pre-September 11 state, but rather to move it forward into a new generation of border management policies and processes.

The Canadian and U.S. Governments have long had close, cooperative relations on border management. The Canada-U.S. Partnership Forum (CUSP) was launched in October 1999 by Prime Minister Chrétien and President Clinton to promote high-level dialogue among governments, border communities, and stakeholders on border management. The Prime Minister and the President endorsed three guiding principles of border management: streamline, harmonize, and collaborate on border policies and management; expand co-operation to increase efficiencies in customs, immigration, law enforcement and environmental protection at and beyond the border; and collaborate on threats outside Canada and the U.S.

Recommendation 1

That, when considering options to improve security and trade facilitation at the Canada-U.S. border, the Government of Canada remedy border concerns already in evidence before September 11. Ultimately, the goal should be to modernize border management to accommodate future security and trade needs.

The Government of Canada recognizes the crucial importance of the Canada-U.S. border to the economic well-being of both countries. In the aftermath of September 11, building upon the already excellent cooperative relationship that Canada enjoys with the U.S. on border management issues, both countries embarked upon a plan to enhance both the security and efficiency of the border.

Both in the December 2001 budget and the Smart Border Declaration, signed by Deputy Prime Minister Manley and Homeland Security Director Ridge, the Government of Canada committed itself to a secure and trade-efficient border. Consultations are ongoing with the U.S., but concrete progress has already been made.

These results include the re-opening of the Intransit Preclearance program at Vancouver airport, the re-opening of the NEXUS pilot project at the Sarnia-Port Huron crossing, and the announcement of the expansion of NEXUS to other border crossings (starting with 3 BC crossings in June), as well as the stationing of U.S. Customs officers at Halifax, Montreal and Vancouver and Canadian officers at Newark and Seattle to monitor container cargo. Consultations with the U.S. by Deputy Prime Minister Manley as well as working groups within existing bilateral fora (e.g. Shared Border Accord, Border Vision, Cross Border Crime Forum, Transportation Border Working Group) are ongoing. The objective of these initiatives is to fully implement the Smart Border Declaration and the 30 point Action Plan.

The goal of both Governments is not to return the border to its pre-September 11 state, but rather to move the Canada-U.S. border relationship forward, through the development of a smart, secure, trade-efficient border for the 21st Century.

Recommendation 2

That the Government of Canada, following consultations with U.S. authorities, outline to Canadians its plans for co-operating with its North American partners to improve continental security.

Both the Government of Canada and the Government of the U.S. recognize that the most effective means of ensuring the security of their citizens is to establish a cooperative partnership to coordinate border management policies. This cooperation involves not only policies in effect along the shared border, but also national policies that have a continental or global impact. The 30 point Action Plan of the Smart Border Declaration is based upon such issues of mutual concern and the need to find cooperative solutions to these issues. One concrete example of this cooperative approach is an expansion in the number of Integrated Border Enforcement Teams (IBETS) from the current 3 teams at key locations along the border. IBETS are bilateral teams made up of officers from agencies and departments from both sides of the border who work together on security issues of concern to both countries.

In order to communicate the Government's work on cooperative border management to Canadians, the Department of Foreign Affairs and International Trade has been working with other departments and the Privy Council Office to hold a variety of outreach events around the country. Progress on the Action Plan has been discussed with Canadian border stakeholders. An outreach briefing and question and answer period was held for stakeholders in Vancouver on March 1, 2002, attended by approximately 50 representatives of the B.C. private sector, associations, labour, the provincial government and various local municipal governments. Similar events with regional stakeholders took place in Ottawa on March 11 and in Montreal on April 8. There are plans for a similar event in Halifax in May.

Extensive information on the Smart Border Declaration and the objectives of the Canadian Government in pursuing the Action Plan are available to Canadians via the internet on the Canada-U.S. relations website at .

Recommendation 3

That the Government of Canada seek the commitment of the U.S. for a high-level "summit" of senior American and Canadian political leaders and officials to discuss border management issues. On the basis of these meetings, Canada and the U.S. should jointly undertake to develop and make public a revitalized bilateral border management plan that would render more efficient the cross-border flow of goods and services.

Bilateral meetings on border management issues are ongoing with the aim of ensuring that the flow of goods and services across the border continues uninterrupted. Prime Minister Chrétien and President Bush have discussed the border on several occasions, most recently during their meeting on March 14, 2002. In addition, the meeting on December 12, 2002, between Deputy Prime Minister Manley and Homeland Security Director Ridge led to the Smart Border Declaration and the associated 30 point Action Plan.

DPM Manley and Director Ridge have met on two occasions since December 12, and discuss border management issues on a regular basis. In addition to these high level meetings, senior government officials are in touch with their U.S. counterparts on these issues, and bilateral working groups are meeting to give effect to the Action Plan. Three large scale meetings have recently been held: the Border Vision Plenary Meeting in Quebec, the Shared Border Accord Meetings in Florida and a joint Border Vision and Accord meeting in Vancouver. Additional high level meetings will continue as work on the Action Plan progresses.

Recommendation 4

That the Government of Canada examine the feasibility of constructing pre-clearance facilities for commercial traffic in the vicinity of heavily congested border-crossing points. As a necessary precursor to the development of these facilities for land crossings, legislation enabling pre-clearance at land borders should be introduced.

Canada and the U.S. are working together to improve the security and efficiency of the shared border based on the Smart Border Declaration. The Declaration's 30 point plan has refocused the direction for the Shared Border Accord working groups. One of these groups is assessing a number of options for clearance away from the border that will strengthen security and relieve congestion, including pre-clearance, reverse inspection, rail post-clearance and pre-processing centers.

Pre-clearance facilities at land borders that are being examined involve shared facilities and reverse inspection. There are significant legal, sovereignty and operational issues associated with pre-clearance and reverse inspection that are currently being analysed and that will have to be addressed to the mutual satisfaction of both countries.

Recommendation 5

That, following successful consultation with authorities in the U.S. and taking into account security considerations, the Government of Canada reactivate as soon as possible those programs (e.g., CSA, NEXUS, CANPASS) designed to improve border risk management and ease congestion. The NEXUS project should be expanded to all Canada-U.S. border crossings by the early part of 2002.

As part of the Smart Border Action Plan, the joint Canada-U.S. NEXUS pilot program for travellers in Sarnia, Ontario/Port Huron, Michigan was reinstated on December 21, 2001. In addition, on March 8, Deputy Prime Minister Manley and Director Ridge announced that NEXUS will be expanded to other Canada-U.S. land border crossings, beginning with three locations in southern British Columbia to be operational in June 2002.

It is the intention of both Governments that established programs like CANPASS Highway be replaced over time with the bilateral NEXUS program, and discussions are ongoing with the U.S. regarding the implementation schedule.

In addition, the Customs Self Assessment (CSA) program for commercial clients was implemented by CCRA on December 6, 2001. The program allows pre-approved, security-cleared participants to use a streamlined clearance option to move eligible goods across the border, after they have undergone a comprehensive risk assessment. By moving from a transactional system to one based on security, legitimate importers can move their goods more easily across the border thereby allowing the CCRA to focus interdiction efforts on areas of higher or unknown risk, and ultimately relieve congestion.

Discussions continue with the US government with respect to the development of a secure program for harmonized commercial processing. Canada has proposed that the CSA provides a secure model for current planning with the US government to align our commercial processing programs.

The US Customs Service also announced recently the Customs-Trade Partnership Against Terrorism (C-TPAT), a new initiative designed to protect the security of cargo entering the United States while improving the flow of trade, by offering expedited commercial processing to those participants who have completed a full risk assessment encompassing both security and trade compliance.

Recommendation 6

That, in its upcoming December budget, the Government of Canada provide the additional resources necessary for customs and immigration officials active in security and border management, and for the necessary physical improvements to border operations.

The 2001 Budget provided $7.7 billion to enhance the personal and economic security of Canadians. Of the total, $6.5 billion is targeted for increased intelligence and policing, better screening of entrants to Canada, enhanced emergency preparedness, support for the military, and greater air security. In addition, $1.2 billion has been allocated for initiatives aimed at strengthening border security, facilitating the flow of goods and people, and improving border infrastructure.

Of the $ 6.5 billion, $1 billion has been provided for:

• improving the screening of individuals entering Canada, including expanding the number of immigration officers both abroad and in Canada;
• improving the processes for validating refugee claims, and for detaining and removing individuals who pose security threats to Canada; and
• improving the integrity of documentation provided to new immigrants and existing permanent residents of Canada.

Of the $1.2. billion for border-related measures, $600 million has been provided to improve infrastructure (such as highways, commercial vehicle processing centres and technology) that supports major border crossings and $646 million has been targeted for measures to enhance border security while improving the flow of goods and people between Canada and the U.S., including:

• increased Customs staffing at points of entry into Canada for both travellers and commercial goods;
• new technology to help the Canada Customs and Revenue Agency facilitate the passage of goods and people at border-crossing points;
• new Canada - U.S. multi-agency Integrated Border Enforcement Teams to co-ordinate intelligence and enforcement efforts along the Canada-U.S. border;
• advanced information technology to help Customs officers screen travellers arriving at airports and other border points; and
• better equipment for detecting explosives, firearms and other dangers without delaying the flow of legitimate commerce or tourism.

Recommendation 7

That the Government of Canada test and implement, where feasible, advanced technologies in its border processing operations. Concerns surrounding Canadians' privacy should be respected in formulating these plans.

The Government of Canada recognizes that technology holds significant potential for enhancing border efficiency and security and reducing border delays. Several departments are actively involved in the search for and testing of new technologies. The Intelligent Transportation Systems (ITS) action item from the Smart Border Declaration commits the Canadian and U.S. Governments to "deploy interoperable technologies in support of other initiatives to facilitate the secure movement of goods and people, such as transponder applications and electronic container seals."

Transport Canada has undertaken a number of initiatives in the area of ITS. These include the identification of joint projects, an inventory of security technologies, a commercial vehicle operations network study, and ongoing cooperation with the U.S. Department of Transportation on ITS architecture and standards.

Recommendation 8

That the Government of Canada work with its U.S. counterparts to resolve the issues delaying the development of joint border facilities and to accelerate plans for their development in locations in which such implementation is cost-effective.

Joint facilities are a modern method of managing our shared border. They permit border inspection agencies to pool resources, to enhance the security of their officers, and to more efficiently distribute their presences along the border.

The development of joint facilities has revealed a number of operational challenges along the way. Canadian and US Customs officials are drawing from their experiences in working together to identify solutions to enhance the feasibility of joint facilities. Solutions are being sought to streamline the design and construction of new facilities and to place them in locations that maximize their efficiency, should placement on the border line itself not prove feasible. Both governments recognize the importance of resolving these issues as the construction of more joint facilities is an important element of adjusting border management practices to the new reality.

Recommendation 9

That, in light of the evidence received, the Government of Canada assess the effectiveness of its internal mechanisms to coordinate the border management and security policies of Canada and take appropriate remedial action.

Following the events of September 11, the Government of Canada moved quickly to establish a new, more effective mechanism to coordinate border management issues. Deputy Prime Minister Manley was given responsibility for the coordination of the Government's response to border security concerns, which resulted in the signing of the Smart Border Declaration with Tom Ridge, the Director of Homeland Security for the U.S. on December 12, 2001.

Although responsibility for various aspects of border policy generally lies with individual departments and agencies, the Government of Canada's quick and deliberate actions to ensure centralized coordination of the border management file, such as the formation of the Ad Hoc Committee on Public Security and Anti-Terrorism, demonstrates the ability of the Government to provide effective direction and policy coordination to its officials. Indeed, the Smart Border process has demonstrated that the Government's capacity for horizontal coordination provides Canada with a significant advantage in discussions with the U.S.