U.S. and Canada Agree to Implement Border, Regulatory Action Plans

Information on submitting comments by January 9, 2012 to DHS on the BTB Action Plan and additional details on the BTB Action Plan are available here

Beyond the Border Action Plan

The BTB Action Plan¹ sets out joint priorities for achieving a new long-term security partnership in four key areas, guided by mutual respect for sovereignty and separate constitutional and legal frameworks that protect individual privacy:

• addressing threats early;
• promoting trade facilitation, economic growth, and jobs;
• strengthening cross-border law enforcement; and
• protecting shared critical infrastructure, including enhancing continental and global cybersecurity.

Mutual Recognition of Air Cargo Security Programs, Data Harmonization, Etc.

According to a Canadian government summary, the plan supports the goal of strengthening the shared security of both the U.S. and Canada by developing integrated threat assessments based on more timely and better intelligence, aligning and coordinating security systems for goods, cargo and baggage, and cooperating more effectively to identify people who pose a risk, which will enhance the safety and facilitate the movement of legitimate travelers. Highlights of the measures include:

• adopting an integrated cargo security strategy to enhance security and reduce the need for rescreening of shipments at the land border;
• mutually recognizing air cargo security programs;
• harmonizing transborder advance data requirements for cargo;
• conducting joint assessments and audits for plant-, animal and food-safety systems in third countries;
• conducting joint, integrated threat assessments to develop a shared understanding of shared threats; and
• implementing entry and exit verification, so that both countries can count people coming in and going out.

Align Requirements, Enhance Benefits for Trusted Trader, Traveler Programs

The White House fact sheet notes that the U.S. and Canada will enhance trusted traveler and trader programs by aligning requirements, enhancing member benefits, and providing applicants with the opportunity to submit one application to be enrolled in multiple programs.

Harmonize C-TPAT/PIP. According to the Canadian government, Canada and the U.S. will adopt a common framework for trusted trader programs that will align requirements, enhance member benefits and provide applicants with the opportunity to submit one application to multiple programs.

Tier one will focus on supply-chain security and will include harmonization of Customs-Trade Partnership Against Terrorism (C-TPAT) and Canada’s Partners in Protection (PIP) programs (including offering new benefits) and extending Free and Secure Trade (FAST) benefits to members of the C-TPAT/PIP programs at agreed locations.

Tier two will focus on trade compliance and expedited border and accounting processes and will include alignment of CBP’s Importer Self Assessment (ISA) and Canada’s Customs Self Assessment programs to the extent possible, extension of membership in these self-assessment programs to "non-resident importers" between Canada and the U.S., etc.

(See ITT’s Online Archives 11052418 for summary of CBP Commissioner’s testimony on CBP’s work with Canadian Customs work to harmonize the PIP and C-TPAT programs.)

“Single Window” for Data Submission, Etc.

The White House fact sheet also states that the U.S. and Canada will strive to:

• provide a single “window” for importers to submit information needed to comply with customs and other regulations,
• promote supply chain connectivity by harmonizing low-value shipment processes,
• increase public transparency regarding application of border fees, and
• facilitate business travel across the border.

Coordinate Border Infrastructure, Align Hours/Co-Manage Facilities Where Possible

The U.S. and Canada will enhance and expand the work of the twenty land border Binational Port Operations Committees established in 2011, coordinate border infrastructure investment at key border crossings and at small and remote ports of entry to, where possible, align hours of operation and co-manage facilities.

Regulatory Cooperation Council Action Plan

According to a press release from the Canadian Embassy, the RCC Action Plan will help reduce barriers to trade, lower costs for consumers and business, and create economic opportunities on both sides of the border. It identifies 29 initiatives where Canada and the U.S. will align their regulatory approaches in the areas of:

• agriculture and food,
• transportation,
• health and personal care products,
• chemical management,
• the environment, and
• other cross-sectoral areas.

(See ITT’s Online Archives 11030307 for summary of the ITA’s request for public input to help identify regulatory divergences in North America, so that the U.S. Government can work cooperatively with Canada (and Mexico) to address them.)

U.S. and Canada Plan to Incorporate Public Feedback

As the action plans for BTB and RCC are implemented, U.S. and Canadian departments and agencies will continue to incorporate public feedback they receive through traditional mechanisms such as Federal Register Notices, websites, public meetings, and other public engagement.

¹Referred to in Canadian publications as the Action Plan on Perimeter Security and Economic Competitiveness.

(See ITT’s Online Archives 11111534 for summary of President Obama’s meeting with Prime Minister Harper during APEC meeting in Hawaii at which they discussed BTB and RCC initiatives.

See ITT’s Online Archives 11061021 for summary of U.S. and Canada Chambers of Commerce recommendations to the BTB Working Group.

See ITT’s Online Archives 11020729 for summary of the U.S.-Canada BTB Declaration.)

White House fact sheet available here

Remarks by President Obama and Prime Minister Harper available here

Canadian Embassy press release available by emailing documents@brokerpower.com.

Canadian government press release available here

Canadian summary of BTB Action Plan available here