The Standing Senate Committee on Foreign Affairs
SMART BORDER
ACTION PLAN STATUS REPORT
December 6, 2002
In December 2001,
Deputy Prime Minister John Manley and Governor Tom Ridge signed the Smart
Border Declaration and associated 30-point Action Plan to enhance the security
of our shared border while facilitating the legitimate flow of people and
goods. The Action Plan has four
pillars: the secure flow of people, the secure flow of goods, secure
infrastructure, and information sharing and coordination in the enforcement of
these objectives.
On September 9, 2002,
Prime Minister Chrétien
and President Bush met to discuss progress on the Smart Border Action Plan and
asked that they be updated regularly on the work being done to modernize our
common border. This report is the
first update since the meeting of the Prime Minister and the President.
#1
BIOMETRIC IDENTIFIERS
Canada and the United States have agreed to develop common standards for the biometrics that we use and have also agreed to adopt interoperable and compatible technology to read these biometrics. In the interest of having cards that could be used across different modes of travel, we have agreed to use cards that are capable of storing multiple biometrics.
Our countries have
begun to integrate biometric capabilities into new programs being deployed.
For example, the NEXUS-Air pilot program will evaluate iris scanning
technology and the new Canadian Permanent Resident Card is biometric-ready.
#2
PERMANENT RESIDENT CARDS
Since June 28, 2002,
Permanent Resident Cards have been issued to all new immigrants arriving in
Canada, replacing the IMM 1000. On
October 15, 2002, Canada began processing applications for the Permanent
Resident Card, for the purposes of travel, from immigrants with permanent
resident status already in Canada. Effective
December 31, 2003, the IMM 1000 will no longer be recognized as a document
valid for travel.
The Canadian permanent
resident card contains features that make it one of the most fraud-resistant
documents in the world. The card
has been recognized by the International Card Manufacturers Association,
winning the Elan Award for Technical Achievement.
NEXUS is functional at
Sarnia-Port Huron (since November 2000), at Pacific Highway-Blaine and
Douglas-Blaine (since June 26, 2002) and Boundary Bay-Point Roberts (since
July 29, 2002). NEXUS will be
operational at both the Windsor-Detroit and Fort Erie-Buffalo bridges on
January 23, 2003, and at the Windsor-Detroit tunnel in March 2003. NEXUS will
be expanded to the Queenston-Lewiston Bridge, the Rainbow Bridge and to the
Whirlpool Bridge by Spring 2003. NEXUS
will also be expanded to all other high-volume crossings between the two
countries by the end of 2003. NEXUS
enrollment centres opened in Windsor-Detroit and in Fort Erie-Buffalo on
October 24, 2002.
Canada and the United
States are also working to implement a joint NEXUS - Air program for air
travellers. NEXUS - Air will be
piloted at Ottawa and Dorval International Airports. Enrollment will begin in April 2003.
#4
REFUGEE/ASYLUM PROCESSING
Canada and the United
States have made significant progress on a Statement of Mutual Understanding
(SMU) which will allow them to more effectively exchange information on
immigration-related issues. The
two countries are also very close to an agreement which will permit the
systematic sharing of information relating to asylum seekers.
This will help each country identify potential security and criminality
threats and expose "forum shoppers" who seek asylum in both systems. This exchange of information will be in accordance with the
privacy laws of both countries.
#5
MANAGING OF REFUGEE/ASYLUM CLAIMS
Canada and the United
States have signed a Safe Third Country Agreement that allows both countries
to manage the flow of individuals seeking to access their respective asylum
systems. The Agreement will cover
asylum claims made at land border ports of entry.
The Agreement is bound
by the principle of family re-unification in determining whether an individual
would be exempted from the requirement of making a claim in the first country
of arrival. The Agreement also
clearly identifies that individuals making a claim in either country would not
be removed to another country until a determination of that person’s claim
has been made.
Both countries will now
finalize the regulatory framework and standard operating procedures necessary
to implement this Agreement.
Canada and the United
States have agreed to enhance cooperation between our respective Embassies
overseas, which will allow our officials to more routinely and more
efficiently share information on intelligence and specific data concerning
high-risk individuals. The two
countries have also agreed to formally consult one another during the process
of reviewing a third country for the purpose of either a visa imposition or
visa exemption.
Canada and the United
States are also continuing to work together to identify countries that pose
security concerns with a view toward further cooperation on visa policy.
In February 2002, the United States announced that nationals of
Argentina would require a visa to travel to the United States.
In September 2002, Canada announced that citizens of Saudi Arabia and
Malaysia would require visas to travel to Canada.
Canada and the United States currently have common visa policies for
144 countries.
#7
AIR PRECLEARANCE
The in-transit
preclearance project in Vancouver, suspended as a result of the events of
September 11, was re-instated on February 14, 2002.
In support of the
preclearance program, the two countries signed "The Agreement on Air
Transport Preclearance between The Government of Canada and The Government of
the United States of America" on January 18, 2001.
It allows for the expansion of in-transit preclearance to other
Canadian airports and also has provisions that modernize the regime governing
preclearance.
U.S. government
agencies are seeking the authority from Congress to offer reciprocal
authorities and immunities for Canadian customs and immigration officials in
the United States.
#8
ADVANCE PASSENGER INFORMATION / PASSENGER NAME RECORD
Canada and the United
States have agreed to share Advance Passenger
Information and
Passenger Name Records (API/PNR) on high-risk travelers destined to either
country. Canada implemented its
Passenger Information system (PAXIS) at Canadian airports on October 8, 2002
to collect Advance Passenger Information.
The automated Canada-U.S. API/PNR data-sharing program will be in place
by Spring 2003.
#9
JOINT PASSENGER ANALYSIS UNITS
Pilot joint passenger
analysis units became operational at the Vancouver and Miami international
airports on September 30, 2002, staffed with Canadian and U.S. officials.
The pilot sites will be evaluated at the end of six months to determine
the feasibility of expanding the units to other locations.
#10
MARITIME SECURITY AND FERRY TERMINALS
We have completed a
marine benchmark study to enhance Canadian and U.S. border security at
seaports aimed at improving security and contraband interception.
Agencies have begun to make improvements based on this study.
#11
COMPATIBLE IMMIGRATION DATABASES
Canada and the United
States have begun discussions towards developing parallel immigration
databases to facilitate regular information exchange.
The United States is studying the feasibility of duplicating Canadian
intelligence gathering software at six pilot sites.
Other examples of information exchange include lookouts from our
respective databases and automating existing exchanges.
#12
IMMIGRATION OFFICERS OVERSEAS
Canada and the United
States have begun deploying new immigration officers overseas to deal with
document fraud, liaison with airlines and local authorities, and work with
other countries to ensure intelligence liaison and to interrupt the flow of
illegal migrants to North America.
In
the past year, Canada has deployed additional officers for this purpose,
bringing to 74 the total number of officers engaged in these areas.
In 2002 and 2003, the United States will deploy 85 new temporary
officials with 40 new officials being deployed permanently.
Working
together, Canada and the United States will continue to strengthen their
capacity to ensure the integrity of their immigration programs, to combat
document fraud, and to interdict irregular migrants.
#13
INTERNATIONAL COOPERATION
Canada
and the United States have worked together to provide technical assistance to
developing countries to deal with threats to our shared security.
These cooperative efforts will continue. Joint interdiction exercises and joint training programs will
assist other countries to combat document fraud and irregular migration.
Such assistance includes improving document integrity, providing
expertise on border controls, and joint training.
In
addition, Canada and the United States conducted a joint presentation to the
European Community CIREFI (Immigration Center of the Council of the European
Union) meeting in June, regarding the immigration items in the Smart Border
Action Plan.
#14 HARMONIZED
COMMERCIAL PROCESSING
Canada
and the United States have established a joint program for low-risk companies
that will expedite the movement of low-risk shipments in either direction
across the border. The program,
known as Free and Secure Trade (FAST), will be available at the following
high-volume border crossings:
-
Douglas, British Columbia / Blaine, Washington (December 31, 2002)
-
Sarnia, Ontario / Port Huron, Michigan (December 16, 2002)
-
Windsor, Ontario / Detroit, Michigan (December 16, 2002)
-
Fort Erie, Ontario / Buffalo, New York (December 16, 2002)
-
Queenston, Ontario / Lewiston, New York (December 31, 2002)
-
Lacolle, Quebec / Champlain, New York (December 31, 2002)
Canada
and the United States are working to align other customs processes for all
commercial shipments by 2005.
#15 CLEARANCE AWAY
FROM THE BORDER
Canada
and the United States are developing approaches to move customs and
immigration inspection activities away from the border to improve security and
relieve congestion where possible.
Canada
and the United States have completed a joint analysis of the operational
benefits that could be achieved with the implementation of small and large
shared facilities located in one country or the other.
Both governments continue to explore approaches to the legal
challenges that flow from border inspection services of one country operating
in the other.
We are
considering innovative procedures to improve rail enforcement activities and
at the same time facilitate the flow of rail traffic, such as conducting
rail enforcement activities before the border and trade compliance processes
at the destination.
#16
JOINT FACILITIES
Canada
and the United States have agreed to consider the following locations for
joint or shared facilities pending the outcome of feasibility studies:
-
St. Stephen, NB / Calais, ME
-
River de Chute, NB / Easton, ME
-
Bloomfield, NB / Monticello, ME
-
St. Croix, NB / Vanceboro, ME
-
Morses Line, QC / Morses Line, VT
-
Highwater, QC / North Troy, VT
-
Winkler, MB / Walhalla, ND
-
Northgate, SK / Northgate, ND
-
Snowflake, MB / Hanna, ND
-
West Poplar River, SK / Opheim, MT
-
Chopaka, BC / Nighthawk, WA
-
Rykerts, BC / Porthill, ID
#17
CUSTOMS DATA
Canadian
and U.S. Customs agencies have extended the scope of information they share
through:
-
the Cooperation Arrangement for the Exchange of Information for the Purposes of Inquiries Related to Customs Fraud, signed in December 2001; and
-
an agreement, reached by our customs agencies, on the principles to be included in the exchange of information related to NAFTA rules of origin. The agreement will be signed in March 2003, and includes audit plans, audit reports, the results of advance rulings, and origin determinations and re-determinations.
#18
CONTAINER TARGETING AT SEAPORTS
Through
an innovative solution to ensure that containers can be examined where they
first arrive, regardless of their ultimate destination in North America,
Canadian and U.S. Customs
agencies have created joint targeting teams at five marine ports.
In the ports of Vancouver, Montreal and Halifax, U.S. officials aid
Canadian customs officials in identifying which containers to examine.
In the ports of Newark and Seattle-Tacoma, Canadian officials provide
the same assistance to U.S. Customs agents.
The work of these teams will be facilitated through the electronic
transmission of advance manifest data for incoming ships and the containers
they carry.
#19
INFRASTRUCTURE IMPROVEMENTS
Both governments have committed funds for border infrastructure. Under Canada's new Border Infrastructure Fund, C$600 million will be provided over five years for physical and technological improvements at key border crossings. The United States Transportation Efficiency Act for the 21st Century also funds transportation projects along U.S. corridors and at border points along the Canada-United States border.
New funding will support FAST and NEXUS and facilitate the secure and efficient cross-border movement of people and goods, for example through dedicated lanes for commercial and passenger vehicles at the border between the British Columbia Lower Mainland and Washington state.
Canada
and the United States are working together at key border crossings to
develop computer simulations aimed at ensuring that border infrastructure
investments are put to the most effective use.
The two countries will establish a binational border modeling group
to analyze border congestion on an ongoing basis.
#20
INTELLIGENT TRANSPORTATION SYSTEMS
Canada
and the United States are piloting the Automatic Identification System (AIS)
on the St. Lawrence Seaway, which uses transponder and Global Position
System (GPS) technologies to allow for more effective monitoring of ships.
The Cascade Gateway Advanced Traveler Information System (ATIS) will
be installed at the Pacific Highway and Peace Arch crossings to enhance the
mobility of people and commercial goods between Canada and the United
States. We will also invest in
high-energy gamma-ray systems to support joint efforts in screening marine
containers arriving at marine ports in both countries.
#21
CRITICAL INFRASTRUCTURE PROTECTION
Our
governments have agreed on a Joint Framework for Canada-U.S. Cooperation on
Critical Infrastructure Protection and have established a Binational Steering
Committee to
assess threats to our shared critical infrastructure and ensure an ongoing,
high-level focus on the issue by both governments. The Committee has
developed detailed workplans for collaboration in the areas of energy,
telecommunications and transportation, and has established working groups to
address horizontal issues such as research and development,
interdependencies, mapping and threat information sharing.
The next meeting of the Steering Committee will be held in early
2003.
#22
AVIATION SECURITY
We have agreed to recognize each other’s national standards for security in airports and on board flights, and to coordinate measures that are essential to protecting our citizens. With the creation of the new federal transportation security agencies and the augmentation of existing departments, the two governments have strengthened their respective capacities to set regulations, review standards, and monitor and inspect all air security services. The two governments have also assumed direct responsibility for security standards, and will work to identify best practices with a view to improving them.
#23
INTEGRATED BORDER AND MARINE ENFORCEMENT TEAMS
Canada
and the United States have identified 14 geographical areas for the
deployment or enhancement of Integrated Border Enforcement Teams (IBETS).
IBETs are currently operational in 10 of the 14 geographic areas, and
will be operational in all 14 geographical areas by December 2003.
IBETs will focus on criminals and terrorists that may attempt to
cross the Canada-United States border.
The
two countries have also begun comprehensive training programs for IBET
personnel, from both Canada and the United States, to enhance their
awareness and understanding of one another’s laws and regulations. Two
joint training sessions have been held with additional sessions planned in
the near future. These initial
training sessions will form the foundation of a long-term integrated
training plan.
#24
JOINT ENFORCEMENT COORDINATION
The
latest Canada-United States Cross-Border Crime Forum (CBCF) took place on
July 21-22, 2002. The
participants at the CBCF reiterated the importance of the role of Project
Northstar. Since becoming
formally aligned with the CBCF in early 2001, the role of Project Northstar
as a mechanism for joint law enforcement coordination has been significantly
enhanced. Project Northstar
will have a border-wide meeting in Winnipeg in April 2003.
Project North Star will continue to:
-
identify and prioritize joint obstacles for law enforcement at the border;
-
bring these obstacles to policy makers at the Canada-United States Cross-Border Crime Forum for resolution; and
-
work to increase and establish new, joint representation of the American and Canadian law enforcement community at the binational, regional, and local levels.
Planning
is currently underway for the next Cross-Border Crime Forum, which will be
hosted by the United States, in late Spring 2003.
#25
INTEGRATED INTELLIGENCE
The
Government of Canada has established Integrated National Security
Enforcement Teams (INSETs), which will include representatives from federal
enforcement and intelligence agencies, as well as international law
enforcement partners such as the U.S., on a case-by-case basis.
Canada has also been participating since April 9, 2002, in the U.S.
Foreign Terrorist Tracking Task Force (FTTTF) in Washington, to detect,
interdict, and remove foreign terrorist threats.
#26
FINGERPRINTS
With
the development of a Memorandum of Cooperation, the RCMP and the FBI will
implement an electronic system for the exchange of criminal records
information, including fingerprints, using a standard communication
interface.
#27
REMOVAL OF DEPORTEES
Canada
and the United States are continuing cooperation in removing individuals to
source countries. To date,
Canada and the United States have conducted 5 joint operations resulting in
313 removals.
#28
COUNTER-TERRORISM LEGISLATION
President
Bush signed anti-terrorism legislation on October 26, 2001. In Canada, the Anti-Terrorism
Act came into force on December 24, 2001.
#29
FREEZING OF TERRORIST ASSETS
Canada
and the United States have a working process in place to share advance
information on individuals and organizations that may be designated as
terrorist in order to coordinate the freezing of their assets.
To date, Canada and the United States have designated or listed over
360 individuals and organizations.
#30
JOINT TRAINING AND EXERCISES
Canada
and the United States have been conducting a series of counter-terrorism
exercises of increasing complexity that will culminate in the full-scale
TOPOFF II exercise in May 2003. TOPOFF
II will include a wide range of participants, from first responders to senior
government leaders at the local, state/province, and federal levels and ask
them to respond to multiple terrorist attacks within the United States which
have cross-border implications. This
exercise will provide the foundation for an ongoing program of joint training
activities.